Nielsen case: NDTV files plea against complaint dismissal
A trial court had dismissed NDTV’s complaint that The Nielsen Co. had fudged viewership data in India
New Delhi: News broadcaster New Delhi Television Ltd (NDTV) has appealed to the Supreme Court of the State of New York against a trial court’s dismissal of its complaint that The Nielsen Co. had fudged viewership data in India.
In its appeal filed on 15 May, NDTV said the trial court had erred in dismissing the complaint because “it failed to accept as true the allegations… concerning the New York ownership and control of the Nielsen Process... around the world including in India."
The order dated 15 April dismissed the complaint on grounds of “lack of personal jurisdiction," “inconvenient forum," “failure to name a necessary party" and “failure to state a cause of action".
NDTV had sought damages from the Nielsen group, Kantar group, TAM Media Research Pvt. Ltd and a host of Nielsen directors for causing a financial loss and loss of reputation and brand value by releasing incorrect viewership data, according to the petition, a copy of which is available with Mint.
TAM is a joint venture between Nielsen and Kantar (the market research arm of London-based advertising and public relations firm WPP Plc) in India and was launched in 1998 to provide television viewership data.
“The court wrongly concluded that NDTV’s claims address TAM’s misconduct in India" when they were directed towards Nielsen, NDTV said in its appeal.
The appeal also said that “the negligence claims properly pled that Nielsen breached a duty that it owed to NDTV and the breach resulted in a compensable injury."
NDTV declined to comment. Nielsen said: “The matter is sub judice, and we cannot comment on it," in an emailed statement.
Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!