Court rules against All India Digital Cable Federation, stating that inclusion or exclusion of landing page viewership is a policy matter and does not infringe fundamental rights.
In a significant ruling, the Kerala High Court has upheld the Government's TV Ratings Policy, 2026, which excludes viewership from the landing page in the calculation of television ratings. The judgment was delivered by Justice Bechu Kurian Thomas in the case of All India Digital Cable Federation and Another vs. Union of India and Others, where the petitioners challenged the legality of the proviso to clause 5.4.1 of the policy.
The All India Digital Cable Federation had argued that the exclusion of landing page viewership from TV ratings infringed upon their fundamental rights under Articles 19(1)(a) and 19(1)(g) of the Constitution, which guarantee the freedom of speech and expression and the right to carry on business, respectively. They also contended that the Telecom Regulatory Authority of India (TRAI) lacked the authority to enforce such regulations.
The High Court, however, dismissed these claims, stating that television ratings are a matter of government policy. The court emphasized that the petitioners do not have a vested right to demand TV ratings based on a preferred methodology. It also clarified that the exclusion of landing page viewership does not affect the petitioners' fundamental rights, as the policy does not restrict their ability to advertise or conduct business. The court further noted that the right to carry on business does not include a right to generate profits through specific methodologies like landing page ratings.
The interim order that had restrained the implementation of the contested proviso was vacated, with the court concluding that the balance of convenience did not favor the petitioners. The judgment also referenced ongoing proceedings in the Supreme Court concerning the jurisdiction of TRAI in related matters, but clarified that the current case dealt with a distinct policy issue under the purview of the Ministry of Information and Broadcasting.
Bottom line:-
TV Ratings Policy - Proviso to clause 5.4.1 - Landing Page viewership exclusion - Held, inclusion or exclusion of viewership arising out of Landing Page in TV Ratings is a matter of policy, and petitioners do not have a vested right to demand TV Ratings based on a particular methodology.
Statutory provision(s): Telecom Regulatory Authority Of India Act, 1997 Sections 11(1)(b)(ii), 11(1)(b)(iii), 11(1)(b)(iv), and 18; Constitution of India, 1950 Articles 19(1)(a) and 19(1)(g).
All India Digital Cable Federation v. Union of India, (Kerala) : Law Finder Doc id # 2948511
