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Vacates Stay On TV Rating Policy Regarding Landing Page Viewership Measurement
In a significant development for the broadcasting industry, the on Friday vacated its on a contentious provision of the Television Ratings Policy, 2026. The decision, delivered by Justice Bechu Kurian Thomas, permits the to proceed with its plan to exclude viewership generated through "landing pages" from official television audience measurements.
The Core Dispute
The legal battle originated when the and challenged the to Clause 5.4.1 of the new government policy. This clause stipulates that any viewership recorded from a "landing page"—the default channel that appears when a subscriber activates their set-top box—shall not be counted toward official TV ratings. The Ministry asserted that such "forced viewing" does not reflect a legitimate viewer choice and distorts the integrity of the data.
The petitioners had argued that this change would negatively impact their advertising revenue, asserting that it infringed upon their to carry on a business under Article 19(1)(g) and under .
Legal Analysis and Reasoning
The declined to accept the petitioners' claims, clarifying the legal distinction between the freedom to do business and the guarantee of profitability. Justice Thomas noted that the government’s policy on audience measurement is a matter of and that entities have no to insist on a specific methodology for data computation.
The Court further distinguished the current controversy from a separate ongoing matter before the . While appellants contended that the Ministry was attempting to indirectly enforce regulatory measures previously challenged by the , the High Court observed that the government's current policy specifically concerns audience measurement methodology rather than channel placement regulations.
Key Observations
During the proceedings, the court emphasized the nature of the policy and the limitations of constitutional protection:
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"The right to do business is distinct from the right to profitability."
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"As is 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 matters of policy."
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"Ratings based on landing page is not a . It is also not a true reflection of the viewer's choice."
Implications for the Industry
The immediate effect of this order is that the is no longer restrained from implementing the revised measurement methodology. With the stay vacated, the industry moves closer to a structural overhaul of how viewers' habits are quantified. While the broader case remains pending, the decision marks a major win for the as it seeks to standardize data accuracy across digital and cable platforms. The matter is currently scheduled for further consideration on , where the merits of the petitioners' main challenge will be examined in more detail.
