Mumbai: The Kerala High Court has paved the way for the implementation of a key provision in the Ministry of Information and Broadcasting’s (MIB) Television Ratings Policy, 2026, ruling that television channels and cable operators cannot claim a legal right to retain commercial advantages arising from landing page-based audience ratings.
In a significant order, Justice Bechu Kurian Thomas vacated an earlier interim stay that had prevented the government from enforcing Clause 5.4.1 of the new ratings policy. The provision allows broadcasters and distributors to continue using landing pages for promotional purposes but excludes any viewership generated through such pages from television audience measurement.
The case arose from petitions filed by the All India Digital Cable Federation (AIDCF) and DEN Networks, which challenged the policy on the grounds that removing landing page impressions from ratings would adversely affect their business interests and disrupt an established industry practice.
Rejecting the plea, the High Court held that commercial benefits derived from an existing ratings methodology do not amount to vested legal rights. The court observed that merely because the industry had enjoyed the advantages of landing page-based ratings over an extended period did not mean those benefits deserved continued legal protection.
The judgment emphasised that landing page impressions cannot be equated with genuine viewer preference. A landing page, the court noted, appears automatically when a subscriber switches on a set-top box, meaning any resulting viewership is generated by default rather than through an active decision to watch a particular channel. Consequently, such impressions cannot be regarded as an accurate indicator of audience choice.
Addressing the petitioners’ contention that the balance of convenience favoured preserving the status quo until the case was finally decided, the court described the argument as appealing at first glance but lacking legal merit. It held that no business can insist on the continuation of commercial gains flowing from a methodology that fails to reflect actual consumer behaviour.
The High Court also clarified that the dispute before it was distinct from matters currently pending before the Supreme Court concerning the Telecom Regulatory Authority of India’s (TRAI) Landing Page Regulations. While the apex court is examining the legality of TRAI’s regulatory directions governing channel placement on landing pages, the present case concerns the Centre’s policy framework for measuring television audiences.
According to the court, the challenged provision is part of a government policy governing television ratings rather than a regulatory direction issued under TRAI’s statutory powers. Therefore, the existence of pending proceedings before the Supreme Court did not justify restraining the implementation of the MIB policy.
The court further dismissed the constitutional challenges raised by the petitioners. On the issue of Article 19(1)(g), it held that the freedom to carry on business does not extend to a right to secure profits through a particular ratings mechanism. It drew a clear distinction between the right to conduct business and the expectation of commercial profitability.
Similarly, the court found no violation of Article 19(1)(a), observing that the policy neither prohibits nor restricts advertising on landing pages. It merely excludes viewership arising from such pages from audience measurement, leaving broadcasters free to continue using them as a marketing tool.
The court also held that earlier Supreme Court decisions relating to advertising restrictions had limited relevance to the present dispute, as the policy does not curtail advertising but only modifies the methodology for calculating television ratings.
With the interim order dated May 22 now vacated, the MIB is free to implement Clause 5.4.1 of the Television Ratings Policy, 2026. As a result, landing page impressions will no longer contribute to television audience ratings, marking a significant shift in how viewership is measured across the broadcasting industry.
