Cochin: A day after the Kerala High Court ruled that landing-page viewership did not constitute a vested right and rejected the petitioners’ key constitutional and commercial arguments, the All India Digital Cable Federation (AIDCF) and DEN Networks moved to withdraw their challenge to the Television Ratings Policy.
In a withdrawal memo submitted on July 28, the petitioners informed the court that, owing to “certain subsequent developments and for reasons”, they no longer wished to pursue the writ petition. While seeking permission to withdraw the case, they also requested liberty to file a fresh petition on the same or a similar cause of action at a later stage.
The decision came a day after the High Court’s detailed order became public, setting out its reasons for vacating an earlier interim stay that had temporarily halted the implementation of the proviso to Clause 5.4.1 of the Television Ratings Policy, 2026.
The provision permits broadcasters and distributors to continue using landing pages as a promotional tool but bars viewership generated through such placements from being counted in television ratings.
In its order, the High Court dismissed the petitioners’ contention that landing-page impressions had become an established part of India’s television ratings ecosystem and should therefore continue until the case was finally decided. The court held that long-standing commercial practice did not create an enforceable legal right.
Justice Bechu Kurian Thomas observed that any commercial gains arising from the existing methodology could not justify preserving it indefinitely, particularly when landing-page exposure occurs automatically as a set-top box boots up rather than through a viewer’s deliberate channel selection.
The court further distinguished the freedom to carry on business from an expectation of maintaining profitability under a specific ratings framework. Rejecting the petitioners’ claim under Article 19(1)(g) of the Constitution, it observed that the constitutional right to conduct business does not guarantee the continuation of a particular commercial advantage.
The High Court also dismissed the challenge under Article 19(1)(a) relating to freedom of speech and expression. It noted that the Television Ratings Policy does not prohibit landing pages or advertisements displayed through them; instead, it merely excludes audience impressions generated by automatic landing-page placement from television ratings.
Addressing another key argument, the court held that the dispute before it was distinct from the matter pending before the Supreme Court. While the apex court is examining TRAI’s powers to regulate landing-page or boot-up channel placement, the Kerala High Court said the present case concerned the Ministry of Information and Broadcasting’s methodology for measuring television audiences, making the two proceedings legally separate.
Having concluded that the petitioners failed to establish a prima facie case or demonstrate that the balance of convenience favoured continuing interim protection, the court vacated the stay granted on May 22, allowing the government to implement the revised ratings methodology.
With the withdrawal of the petition, the immediate legal challenge to the Television Ratings Policy’s treatment of landing-page impressions stands closed. Although AIDCF and DEN Networks have reserved the right to approach the court again, the present proceedings have ended and the earlier interim relief no longer remains in force.
