Kerala High Court Vacates Stay On TV Rating Policy Clause Against Counting Of Viewership From Landing Page
The Kerala High Court on Friday (July 14) vacated its interim order staying the provision that says viewership arising out of Landing Page shall not be counted in the viewership measurement and Landing Page can be used only as a marketing tool.
The Landing Page is the specific channel that gets displayed when a subscriber activates the set top box. It is activated by default and is not viewed by the scriber on his choice.
The Court had, on May 22, stayed the proviso to Clause 5.4.1 of the TV Ratings Policy 2026 (Exhibit P1) issued by the Ministry of Information & Broadcasting (MIB) vide an order dated March 27, 2026, replacing the 2014 Policy Guidelines for Television Rating Agencies in India.
Justice Bechu Kurian Thomas yesterday vacated the stay granted in a plea preferred by All India Digital Cable Federation (AIDCF) and DEN Network Ltd seeking to strike down the afore proviso.
The Court opined:
"the contention that since, a benefit of TV channel ratings based on Landing Page, enjoyed by the petitioners all along, is being taken away suddenly, balance of convenience leans in favour of continuing the existing arrangement, though impressive on first blush, is not legally sustainable...Further, the benefit, if any, enjoyed by the petitioners all along, cannot be expected to be continued forever even after realizing that is not based on actual viewer choice. Hence no balance of convenience can be claimed by the petitioners. In view of the above circumstances, this Court is satisfied that the restraint issued by this Court ought not to be continued further."
It also took a prima facie view that TV rating is a policy matter to be decided by the government:
"As is prima facie evident from the pleadings and the documents produced, television rating is a matter of policy of the Government. What should be included for identifying TV Rating and what should be excluded, are all prima facie matters of policy. Petitioners do not have any vested right to demand that the TV Rating must be based on a particular method. Since it is a matter of policy, issuance of Ext.P1, including proviso to clause 5.4.1 cannot be said to be prima facie without authority."
After the MIB brought out the earlier TV Ratings Policy in 2014, the television channels started using the landing page for their TV ratings. However, then the Telecom Regulatory Authority of India (TRAI) issued an order restraining all broadcasters from placing any registered satellite television channel whose TV Rating is released by TV Rating Agency on the landing channel.
This order was passed by TRAI, which was of the opinion that ratings get distorted since landing page was not chosen by a subscriber. The order was challenged before the TDSAT, which found that TRAI exceeded its powers by issuing such a direction. The challenge to TDSAT's order is presently pending before the Apex Court. In the meantime, the MIB issued the present Policy in 2026.
After the interim order was granted, applications were preferred seeking to vacate the same. It reasoned that interim order was granted on the prima facie belief that the issue was pending before the Supreme Court.
"what was challenged before the TDSAT and which is now pending before the Supreme Court is the validity of directions issued by TRAI in exercise of the statutory powers of the Act, while the present being a matter of policy, the proviso inserted by MIB...cannot be said to be without authority. The directions of TRAI dealt with the question of placement, as against the present clause, which deals with rating," it added.
Refuting the petitioners' contention that their fundamental right to carry on their business under Article 19(1)(g) is affected, the Court remarked that the same does not appear to be prima facie legally tenable:
"Article 19(1)(g) cannot be stretched to include within its ambit the right to generate profits in the manner the petitioner wants. The right to do business is distinct from the right to profitability."
The Court also remarked that there is no violation of the petitioners' fundamental right to speech and expression with the introduction of the challenged proviso as there is no restriction of advertisement.
The case is posted to September 11 for further consideration.
Case No: WP(C) 17422/ 2026
Case Title: All India Digital Cable Federation and Anr. v. Union of India and Ors.