NDTV Appeals Ratings Lawsuit Dismissal

Indian network New Delhi Television (NDTV) has appealed against a ruling by the New York State Supreme Court that its $1 billion ratings manipulation lawsuit against Nielsen and WPP should be heard in India. However, NDTV has only named Nielsen in the appeal.

In March, the court decided that the lawsuit - which alleged that staff at Nielsen and WPP's TAM joint venture took bribes in exchange for overstating ratings - should be heard in India, where TAM is based, rather than in the USA.

The original suit alleged that the manipulation of viewership data had been happening for the past eight years, and NDTV sought damages of at least $810m for fraud, and at least $580m for negligence. In response, WPP was granted a petition for dismissal, arguing along with Nielsen that India was the appropriate venue for a lawsuit, not New York.

Now NDTV has appealed against the dismissal, saying that the Indian courts lack jurisdiction over New York-based Nielsen. 'The court wrongly concluded that NDTV's claims address TAM's misconduct in India, when in fact NDTV's claims are based solely on the conduct of New York-based Nielsen,' the broadcaster said in its most recent filing.

Earlier this week, TAM announced the establishment of a 'vigilance desk' headed by a former senior policeman, along with a 'transparency panel' of regulation experts, aiming to guarantee the impartiality of its methods and ratings.