#BARCpullout: TV Today approaches Delhi HC against Republic TV
TV Today is being represented by the legal firm LPJ Partners & LLP

It has now emerged that prior to pulling out of the Broadcast Audience Research Council (BARC), TV Today Network made one last ditch effort by approaching the Delhi High Court to prevent the publication of Republic TV’s ratings. In a prayer filed before the court under the civil extraordinary writ jurisdiction, TV Today sought the urgent hearing of the matter on May 17, a day before BARC released the data for week 19 (May 6–12, 2017).
Represented by the legal firm LPJ Partners & LLP, the petition was brought forward in court through TV Today’s Chief Corporate Affairs Officer Dr Puneet Jain. The plea alleged that Republic TV was running on multiple logical channel numbers (LCNs) in contravention of Telecom Regulatory Authority of India’s (TRAI) Regulations, 2017. The same was termed as “unlawful” and “unethical”, by TV Today.
Accusing Arnab Goswami’s channel of trying to artificially hike its television ratings, the petitioner pleaded the court to prevent BARC (respondent 3) from releasing the weekly ratings. While the Union Information and Broadcasting Ministry was listed as respondent 1, TRAI and ARG Outlier Media were respondents 3 and 4, respectively.
The plea ultimately came up for hearing on May 24 in the court of Justice Sanjeev Sachdeva, wherein Congress leader and senior advocate Abhishek Manu Sinhgvi argued on behalf of TV Today. On the other hand, Republic was represented by counsel Ramji Srinivasan as instructed by Phoenix Legal. The matter is likely to be given hearing once again today.
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News channels pulling out of BARC unhealthy for the industry: Experts
Leading industry experts unanimously agree that English news channels pulling out of BARC will eventually face the brunt
Several English news channels pulled out of BARC yesterday following the release of Republic TV data after BARC ignored NBA’s plea to delay the release. The point that needs to be looked at here is that there have been issues in the past as well of multiple feeds, which is the reason why BARC was asked by NBA to withhold Republic TV data. It seems interesting that channels are now using this as a reason to ask BARC to withhold ratings and subsequently pull out of BARC.
Shashi Sinha, CEO, IPG Mediabrands India, said, "I don't understand what the issue is all of sudden, this practice of multiple feeds is not new, I am not commenting on the right or wrong of it but even while we speak some channels are still running multiple feeds."
Commenting on the development, a leading media agency head said, “This seems like a classic case of shooting the messenger, it seems ironic that in times when clients are talking of optimising RoI and everything around is based on metrics, the channels chose to pull out of an industry body providing the metric. Eventually advertisers and media agencies need a currency for measurement without which it is not feasible to advertise. On the lighter side, actions such as these are giving added publicity and limelight to the new player.”
“Irrespective of how channels are performing, it doesn’t seem logical to pull out of an industry ratings body which has been set up by the industry itself. If the channels believe there is an issue with a process they should try to correct that, pulling out of ratings is an unhealthy sign to my mind and unfair to both subscribers and advertisers,” said Ashish Bhasin, Chairman & CEO, South Asia, Dentsu Aegis Network.
Pawan Jailkhani, Chief Revenue Officer at 9X Media, said, “It’s very impulsive to pull out of BARC. The channels should wait for some time to see how viewership patterns pan out in the next three-four weeks and whether Republic TV can sustain that viewership. I don’t think there’s harm in taking multiple frequencies. There’s no TRAI ruling that you can’t buy multiple frequencies. People have done it in the past. This is more of a marketing tool of what channels do. Also two frequencies don’t mean that other channels are not available. If they are so finicky about BARC numbers then it’s very sad.”
Another head of a leading media agency said, “News channels were anyway bought more on the basis of affinity to the TG than viewership. Therefore, this development should not affect advertisers much but selection within the channels could become difficult. Without BARC rating, gut or clients' perception would now play a major role in making advertising decisions.”
A leading media planner also echoed similar sentiments as he added, “Advertising investment depends on ratings. Without the ratings, we will be a bit blind to decide how much to invest where. The news channels will be the ones who will lose out if they pull out of BARC.”
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English news channels pull out of BARC
Following BARC's release of Republic viewership data ignoring NBA's plea to delay the release, prominent english news channels have decided to pull out of BARC.
Following BARC's release of Republic data ignoring NBA plea to delay the release, prominent English news channels have decided to pull out of BARC.
“We refer to our letters dated May 15, 2017 and May 17, 2017 about multiple LCNs being used by REPUBLIC TV Channel licensed under the news and current affairs genre launched on 6.5.2017. We find that despite our two letters, you have gone ahead and released the inflated and corrupt data for REPUBLIC TV as of this morning. This has serious implications and has caused irreversible damage to India’s existing English news TV Channels,” wrote NBA Secretary General Annie Joseph to BARC CEO Partho Dasgupta.
She added, “As you can see from the data you have put out, there is no logic or rationale for REPUBLIC TV to have the kind of shares and reach across all key markets. On a pan India basis, discrepancies have been noticed across markets which completely distort the statistics for a very important and influential news genre. Given your indifference to the serious situation at hand, we are left with no option but to advice some of our aggrieved members to opt out of the BARC’s watermarking system with immediate effect until there is appropriate redressal of our grievance. We hope good sense prevails and urgent corrective action is taken by BARC."
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