Category: Uncategorized

  • Eid Mubarak. Next site refresh & newsletter on Tue, Aug 21

    MxMIndia wishes all our readers Eid Mubarak.

     

    Our next edition or major refresh of stories will be on Tuesday, August 21 since we are closed over the weekend and on Monday, August 20 on account of Eid.

     

    However, if there are any major updates, we’ll have it up on our site. For instance, we expect a joint press release to be issued after the IBF-ISA-AAAI-TAM meeting concludes later today… we will have an update based on it soonest. 🙂

     

  • Fever FM launches iDream for aspiring entrepreneurs

    By A Correspondent

     

    Fever 104 FM has recently launched iDream. Sponsored by Reliance Commercial Finance, Fever iDream aims to give an opportunity to listeners to make their dream of starting their own SME business come true. It is said to be an attempt to fulfill the aspirations of the talented who have the ability to make it big as an entrepreneur but, lack financial support.

     

    Listeners will have to share a business idea and send in their entries, the best business idea will be awarded Rs 25 lakh to make their dream come true. The campaign will run on Fever 104 FM Delhi, Mumbai, Bangalore and Kolkata.

     

    Harshad Jain, Business Head, Radio and Entertainment, HT Media said: “It has always been our endeavour to make the radio listening experience special by making it more innovative and interactive. Fever iDream is the first such radio innovation where people can fulfill their business dreams and be their own boss. The concept is aimed towards helping budding entrepreneurs who have the capability but lack funds. Reliance Commercial Finance and Fever iDream can change lives and I am sure it will be a huge success.”

     

  • Demystifying plagiarism, the legal way

     

    By Nandita Saikia

     

    Can one be jailed and fined if convicted?
     

    All you wanted to know about plagiarism but didn’t know who to ask. We posed a few questions to Nandita Saikia and requested her for a response sans the legalese

    1. Is plagiarism a crime? As in, does copying of substantial portion of a published work written by someone without attribution and without permission become a punishable offence? What exactly is the punishment?

    Plagiarism alone involves copying another person’s ideas without attributing them, and is not a crime by itself although it is considered unethical.

     

    If plagiarism involves copying not only ideas but also a substantial portion of a copyrighted work without attribution and without permission, it would amount to both copyright infringement and the violation of the ‘special right’ of the author to be credited.

     

    Copyright infringement and the violation of an author’s right to be credited are both civil wrongs and criminal offences. A civil suit may be instituted, and criminal charges may also be filed.

     

    In a civil suit, the remedies which may be obtained are: injunctions to restrain further infringement, damages, the rendition of accounts of profit, and the delivery up of both infringing copies of the work and the plates used to make them. If required, certain administrative orders may also be obtained to assess the extent of infringement.

     

    If criminal charges are filed, a convicted infringer is liable to be imprisoned for between six months and three years and to be fined between Rs 50,000 and Rs 2 lakh, for the first offence. This punishment is enhanced for subsequent convictions.

     

    2.Does attribution without permission for text or photographs or graphics (for instance: Photograph courtesy xyz) amount to an infringement of copyright? And if it is an offence, what is the punishment?

    Assuming the work is protected by copyright, in most cases:  It is infringement to publish a work without permission.  It is both infringement and a violation of moral rights to publish a work without permission and without attribution. It is a violation of moral rights to publish a work with permission and without attribution — (possibly) unless the author has agreed not to be attributed. The remedies available to those authors whose right to claim authorship has been violated are similar to those available in cases of copyright infringement as described in response to question 1.

     

    3.Assuming an article is written and has taken some vital research data or information from another article (and this information is not easily available or is not publicly accessible), but the information is presented in a different language and different from the one already published. Will this be considered plagiarism and is it infringement of intellectual property?

    It would amount to plagiarism if the ideas of another author were used without credit. It is also likely that it would amount to plagiarism if the research of another author was used without credit.

     

    However, if the language used in the later article was completely different from that used in the original article, it is unlikely that the subsequent article would infringe the copyright in the original article.

     

    Depending on the circumstances, the later article may violate the moral right of the author of the original article to be credited for his work.

     

    4.In a typical writer-publication relationship, who owns the copyright in the absence of any written contract on it… the publication or the writer/photographer/artist? What if the writer/photographer/artist are freelance? And what if he/she is an employee?

    The employer generally owns copyright in the employee’s work for the purpose of dissemination through the employer’s publication and similar publications. For all other purposes, the employee owns the copyright.

     

    However, a freelance journalist would ordinarily be the first owner of copyright in his work unless he signs an agreement to the contrary. Ownership may vary depending on whether or not the work is commissioned.

     

    The commissioner generally owns the copyright in a commissioned photograph.

     

    To a large extent, the ownership of copyright in a work is determined by contract. This area of the law contains a number of caveats and exceptions, and it is extremely difficult to make generalisations.

     

    5.What about ideas and concepts? And page designs and headlines?

    Ideas and concepts are not protected unless expressed and ‘fixed’. Original page designs may be protectable as artistic works if they are distinctive. Headlines are unlikely to be protectable, although it may be possible to argue that especially distinctive, original headlines are protectable.

     

    6. And lastly, what is the legal standpoint on plagiarised advertising… visuals and copy? Also, television and films?

    In broad strokes, the general principles relating to infringement apply across the board regardless of the nature of the work. If a work is protected by copyright, the permission of the copyright owner is usually required to do things like reproduce or adapt the work. Also, authors have the right to be claim authorship of their work.

     

    Nandita Saikia

    The terms ‘plagiarism’ and ‘infringement’ are often used interchangeably although they are different.  Plagiarism itself is primarily an ethical issue, which involves using the work of another author without crediting them. The right not to be plagiarised is not recognised by statute, except to the extent mentioned in Section 57 of the Copyright Act (which gives authors the right to claim authorship of their works, among other things).

     

    Plagiarism may occur independently of copyright infringement. This is because any use of a work without crediting its author would be plagiarism. However, copyright infringement can only occur if the earlier work copied from is protected by copyright. So, for example, copying from a very old work whose copyright has expired would be plagiarism but not infringement.

     

    Also, plagiarism may involve merely copying the ideas which another person has expressed in their work either without crediting them or using their words. If plagiarism occurs without copying or adapting the actual words of the author of the earlier work, it is unlikely that the plagiarism would also amount to copyright infringement.

     

    Further, it is worth bearing in mind that it works both ways. If the earlier work was protected by copyright, copying or adapting any substantial part of it without permission would infringe the copyright subsisting it even if its author was credited. In other words, the unauthorised, substantial reproduction or adaptation of a copyrighted work is copyright infringement even if its author is credited.

     

    As such, copyright infringement and plagiarism generally occur simultaneously only if the words of an earlier work are copied or adapted without permission and without attribution, and the earlier work is protected by copyright.

     

    Copyright itself subsists in certain works such as books, films and music. As a general rule, the initial owner of the copyright in a work is its author (although this is subject to several exceptions).

     

    Copyright owners have the exclusive right to do things like reproduce, adapt, translate and publish their works, or to allow others to do so. These exclusive rights are collectively called copyright, and vary in their specifics depending on the kind of work.

     

    In most cases, doing anything which is the exclusive right of the copyright owner without his or her permission amounts to copyright infringement, which is both a civil wrong and criminal offence. As such, a civil suit may be instituted (usually seeking to obtain damages and an injunction to restrain further infringement).

     

    In addition to this, Section 63 of the Copyright Act states that convicted infringers are liable to be imprisoned for between six months and three years and to be fined between fifty thousand and two lakh rupees, while Section 63A stipulates an enhanced penalty for second and subsequent convictions.

     

    Apart from copyright, the Copyright Act also recognises the right of an author to be credited for his work via Section 57 of the Copyright Act which, among other things, grants authors the ‘Special Right’ to claim authorship. If this right is violated, remedies similar to those obtainable for copyright infringement may be sought.

     

    Widely referred to as a moral right, the Section 57 right to claim authorship is perpetual, is independent of copyright, and remains unaffected by transfers of copyright ownership. Thus, it could be considered to be similar to the right not to be plagiarised, although it is not identical to it.

     

    Nandita Saikia is a media and technology lawyer practising in New Delhi

     

    Plagiarism: No good word, this
     

    While the reasons to plagiarise can be debated, and argued, what remains essential is editorial integrity to see it as a bad practice

    By Ananya Saha

     

    Fareed Zakaria has opened a Pandora box after being accused of plagiarism. Editorial sanctity is being now being questioned when it comes to using plagiarized content. With internet becoming a major source of stories filed by journalists, it has actually become difficult to keep a tab on plagiarized material. Indian media has been, time and again, put under scanner for plagiarism.

     

    The business daily, Mint has addressed the issue of ‘plagiarism and fabrication’ in its ‘MintCode’ clearly: ‘We don’t copy the work of others. And we don’t make things up. We do not plagiarize, meaning that we do not take the work of others and pass it off as our own.’ In fact, Mint does not transmit news releases in their original form. “A story that appears in our paper and has plagiarized work from a press release is a serious violation of our Code of Conduct.” If any of its own journalists’ or columnists’ work is plagiarized, Mint asks them to notify the editor, deputy editor, and immediate editor. According to the code, any Mint reporter and writer have to use original content, language and phrasing.

     

    While the ‘MintCode’ is clearly charted out on its website and The Economic Times too has a code of ethics on its website, not many newspapers have such a clear ‘code’ charted out.

     

    What is also important to understand is that such code of ethics is also bypassed by journalists who succumb to pressures of deadline.

     

    Deccan Chronicle uses software that alerts the desk when more than eight words are plagiarized. A T Jayanti, chief editor of Deccan Chronicle, said: “You do not need a policy on something so blatantly wrong! Our team is aware that they can be suspended, and can even lose their jobs.”

     

    Chandan Mitra, editor and managing director of The Pioneer, has come across few columnists who have plagiarized content while writing for his paper: “The columnists were found guilty, and we stopped their columns as soon as we got to know. We take a hard line against such practice. If there is a complaint, we prefer to run our checks and if found guilty, we do not have to think twice before stopping their columns.”

     

    Mr Mitra insisted that Fareed Zakaria’s case is an alarm bell, and the Indian newspaper industry needs to be more cautious, especially “when the laws of the land are not as stringent.” He also feels that because of the internet, it is easier to track down if the article or any written piece has been extracted as is from its original source.

     

    While the reasons to plagiarize can be debated, and argued, what remains essential is editorial integrity to see it as a bad practice.

     

    Vikas Mishra, Editor, Lokmat Samachar said: “Nobody in our newspaper is authorized to copy-paste from any article. Never in the history of Lokmat has anyone plagiarized. If there is an article worth mentioning, we always mention the source or attribute the quote in our write-ups.”

     

    When asked if plagiarism is more rampant in the regional and vernacular newspapers, Mr Hari Mohan Mishra, news editor, Dainik Bhaskar said that it is actually the English newspapers that see more of plagiarism and that he has not come across any of his team plagiarizing ever. Even Mr Mitra of The Pioneer agreed with his viewpoint.

     

    M. Kesava Menon, editor, Mathrubhumi – the Malayalam language newspaper – also believes in attributing the original author in articles, and sees plagiarism as serious offence. Even though the editors are quite sure the copying a work is an offence, it is actually not unknown that plagiarism sometimes goes unregistered.

     

    In a rapidly changing newsroom set-up, influenced vastly by ‘research’, it is important that writers and columnists create original work. And only strong and stringent measures can curb such a practice.

     

  • New series | How I Unwind: Himmat Butalia

    By Himmat Butalia

     

    I’m writing about my favourite ways to unwind while I’m sitting at my desk with heaps of work to finish (what an irony).

     

    Movies: I often think about how lucky I am to be working at PIX since I’m a huge movie buff. A great movie at the end of a hectic working day or a holiday is the cherry on the cake. My 500 (plus) DVD collection validates my belief in this mantra!

     

    Food food food: My personal motto is ‘You are what you eat’, but on more occasions than one I’ve thoroughly enjoyed food which I would not even dare name let alone eat. Yummy Italian food consisting of some good wholesome spinach soup, fresh steamed fish as the main course made with less cheese and lots of chillies and black pepper or some Chinese stir fried noodles and Sapo chicken with some dry chilly lamb (yup, I’m a foodie) are ideal meals at the end of a power packed day and a great way to relax, before hitting the bed( not to forget a good cup of hot Chinese tea post a scrumptious dinner)

     

    Yoga and Swimming: My defence background has instilled a great amount of self discipline in me and also helped me recognize the significance of good health. Yoga and swimming are not only a great way to unwind but also to keep mind and body healthy and hearty, thus a good way to start and end a hectic day.

     

    Himmat Butalia, Marketing Head, PIX.

    Compiled by Meghna Sharma

     

  • MxM Buzzer # 6 | Quiz on Doordarshan

    Welcome to the Sixth edition of MxMIndia’s media quiz – MxM Buzzer, that happens every Friday and where our prizewinners are real people . Our quizmaster is Sorbojeet Chatterjee, Vice President – Marketing at Neo Sports. To enter this quiz, simply email the answers with your personal details (Name, email id and telephone number) and a five-word descriptor for EMVIES 2012 at editor@mxmindia.com with Buzzer#6 in the subject. Standard contest rules apply (see box below).

    Note: entries without the descriptor will not be considered for prizes.

    There will be two prizes for Buzzer #6. One First Prize of Rs 1001 and One Second Prize of Rs 101.

    If there’s a tie, the best descriptor for EMVIES 2012 will get the prize (note: tie-breaker question will change every week).
    Last date for sending entries: THURSDAY, August 30, 2012. Entries must reach us by 5 pm IST.

     A sitter to begin with – Which Bollywood superstar made his acting debut in a serial on DD called Fauji?
     Satyamev Jayate was simulcast on Star Plus and DD. Which current television programme on Zee TV is also simulcast on DD?
     Vasant Sathe is given credit as the I&B Minister under whom DD moved to colour broadcast with the Asian Games in 1984. However, an extremely popular and path-breaking soap was also his brainchild. Identify the cult programme?
     Swabhimaan was an afternoon soap opera on DD that was directed by Mahesh Bhatt and featured a stellar star cast. Which popular writer scripted it?
     Karamchand, a detective serial on DD, featured Pankaj Kapur. Which GEC revived it in 2007?
     Ramesh Sippy, the ace Bollywood director of several blockbusters including Sholay, directed a TV serial for Doordarshan. He fell in love with the actress Kiran Juneja on the sets and eventually married her. Identify the cult programme?

     This is the logo of which Doordarshan channel?
     Superhit Muqabla was one of the longest running No. 1 show on DD Metro. Identify the production house that created it?
     Which rib-tickling sitcom on DD Metro was inspired from the British sitcom Mind Your Language?
     This show on DD was so popular in terms of audience participation that the Indian Postal department introduced higher priced ‘Competition Postcards’ to increase revenue. Identify the popular programme?

    Winner of Buzzer # 5 is Anilkumar Sathiraju (Tel No xxxxxx 4896). Mr Sathiraju (who works with DDB Mudra) wins a Prize of Rs 1001. The Second Prize of Rs 101 is won by Jolly Garg (xxxxxx 0053) who works with Accenture.  Congratulations, Mr Sathiraju and Ms Garg. Please await our mail, send us your coordinates and we will wire/ courier/ deposit you the prize… within a month.

     

    Answers to Buzzer # 5

    1. South Korea or Bahrain or Republic of Congo, 2. Mudra, 3. Jai Jawaan, 4. CNN IBN & History TV18, 5. Sushil Kumar (Indian flag bearer in Olympics), 6. Aamir Khan (He has named his son Azad after Maulana Azad), 7. Rabindranath Tagore, 8. ABP News, 9. Mahatma Gandhi, 10. 9XM


    1. The families and employees of MxMIndia Private Limited and its associates are not eligible to win prizes.
    2. You can send as many entries as you would like. There is no entry fee.
    3. In case of more than one all-correct entry, the Tie-Breaker will be the decider. Entries without the Descriptor for the Tie-Breaker will not be considered complete.
    4. The decision of the Quizmaster and/or the MxMIndia editor will be final.
    5. If the winner is not reachable by phone/email, the next best entry will be awarded the prize.
    6. By sending your entry, it is assumed that you are in agreement with the rules.
    7.  Entries for Buzzer #6 must reach us latest by 5pm IST on Aug 30.
  • ESPN Star derisks on cricket viewership by signing long-term ad deals

    By Vijaya Rathore

     

    In what could be seen as a fallout of falling television ratings for cricket, broadcaster ESPN Star Sports has for the first time ever forged long-term deals with advertisers that will help protect itself from any further drop in viewership.

     

    Ahead of a long cricket season that kicks off with the India-New Zealand series on Thursday, ESPN said it entered club deals on almost all cricket events in its kitty for the calendar year like the T20 World Cup, Champions League, England’s tour of India and the Australia series. Broadcasters were until now only signing tournament-specific deals.

     

    “Nokia, Havells, Maruti Suzuki and Tata Docomo have already come on board as sponsors for the entire cricket season,” says Sanjay Kailash, executive vice president, ESPN Software India. Mr Kailash did not share numbers, but industry sources with direct knowledge of the deals said ESPN has already managed to get advertisements worth Rs 2.8 billion through these deals.

     

    Following the advent of T20, a shorter 20-overs-a-side form of the game, viewership for the longer 50-overs-a-side one-day internationals and Test matches have dipped. TV ratings for ODI matches during the year averaged 2.5, while TVR for T20 tournaments were around 4, according to a company that quoted data given by TAM India.

     

    Mr Kailash said the four brands put together have bought around 40% of the total cricket advertising inventory for the calendar. “We are talking to a few more and plan to have around five-six long-term sponsors from categories like two wheelers and broadband services, besides doing deals for individual events.”

     

    However, ESPN has not included the India-Pakistan cricket series to be played in December. “We expect a large number of people to watch that tournament and will work out separate deals,” said Mr Kailash, who expects to get premium rates for that series.

     

    Advertisers also welcomed the move towards long-term deals. The country’s largest car maker Maruti Suzuki, for instance, believes long-term deals help a brand improve its media planning. “We can time our launches and other advertising events accordingly and reach out to the right set of consumers through cricket,” a senior Maruti Suzuki India executive said.

     

    Similarly, electrical goods maker Havells India said it expects its advertisements to grab a large number of eyeballs when India plays against high-profile teams like Australia and England. “The amount of cricket that is going to be played is huge and we expect good return by investing in it,” said Vijay Narayan, vice-president of marketing at Havells India.

     

    Media planners said the consolidation of major cricketing events on one platform enabled ESPN to work out such deals. “Earlier cricket was fragmented and different tournaments were being shown by different channels. Now that ESPN has all major events till March, it becomes easy for an advertiser to work out value-enhancing deals,” said Basabdutta Chowdhury, chief executive of Platinum Media, a division of media buying group Madison World. She said brands looking for a long-term association with cricket will consider such deals.

     

    Source:The Economic Times

    Copyright © 2012, Bennett, Coleman & Co. Ltd. All Rights Reserved

     

  • Jishnu Sen remembers Vinod Prabhakar

    Vinod Prabhakar (1967-2012)

    I have worked very closely with Vinod ever since I moved to Grey. I would say that he practically ran the place and was our strength. His ability to simplify a complicated problem and come out with a decision was something that the organization and I would always remember him for. His warmth, his smile and the twinkle in his eyes will be missed immensely. He had this innate quality of making people feel comfortable which made people go to him even before they came to me with an issue. I would say that he had broad shoulders, very broad ones actually that shouldered a lot that was going around in the agency.

     

    He was extremely generous as well as sensitive person. I depended a lot on his advice and he would always show the right direction. In the worst of times, Vinod would always come up with the best possible solution to wade through the issue. The news of his passing away has been personally shattering. I have lost a friend and an excellent partner at the workplace.

     

    Jishnu Sen is President and CEO, Grey Group India

     

     

    Succumbing to a cardiac arrest, Vinod Prabhakar who was the Chief Financial Officer at Grey Group, breathed his last on Sunday. He was only 45 years old.

     

    A Grey veteran for over 18 years, Mr Prabhakar began his work life with Trikaya as a young Internal Audit Assistant. In less than four years, he was promoted to Deputy General Manager where in addition to his regular responsibilities, was made in-charge of re-designing the Agency’s critical Cash Flow function. He also spearheaded the development of the agency’s unique integrated and all-comprehensive Financial Software Package as well as a new MIS aligning Grey’s internal reporting to the global formats.

     

    In appreciation of his performance, he has been recipient of many internal awards at the Grey Group. A people’s person, he lived by the idea that postponing of decisions or not taking them is dangerous than taking a wrong decision. When not engaged in financial processes at Grey, he spent his time watching movies, reading, badminton and listening to music.

     

    Information on Mr Prabhakar and photograph, from the Grey India website

     

     

     

  • TRAI sticks to 12-minute ad regulation in fresh draft, seeks feedback

    By A Correspondent

     

    Expect a fresh round of litigation or at least a war-via-the-media as negative responses have already started coming in on the new TRAI recommendations on ad duration. On Monday, the Telecom Regulatory Authority of India issued fresh guidelines on the duration of advertisements suggesting that no broadcaster can carry advertisements exceeding twelve minutes in a clock. Every broadcaster is required to present a report on ads carried within 15 days of the end of the quarter, with the first report to be submitted on January 15, 2013 for the Oct-Dec 2012 quarter.

     

    The TRAI released the draft regulation “Standards of Quality of Service (Duration of Advertisements in Television Channels) (Amendment) Regulations, 2012” on Monday for consultation with stakeholders.

     

    In the new draft, the explanatory note highlights the advertising code with the following:

    • The picture and the audible matter of the advertisement shall not be excessively ‘loud
    • All advertisement should be clearly distinguishable from the programme and should not in any manner interfere with the programme viz., use of lower part of screen to viz., use of lower part of screen to carry

     

    carry captions, static or moving alongside the programme.

    •  No programme shall carry advertisements exceeding 12 minutes per hour, which may include up to 10 minutes per hour of commercial advertisements, and up to 2 minutes per hour of a channel’s self-promotional programmes.”

     

    Given the above, although some of the earlier suggestions have been eased, the status is unchanged for news and sports channels who were most opposed to the regulation. There is a restriction on the use of the lower part of the screen to carry captions – static or moving alongside.

     

    All television channels are required to follow the advertising code as prescribed in the Cable Television Networks Rules 1994, and as amended from time to time. However, many broadcasters do not following the provisions laid down in the advertising code. A consultation paper, titled “Issues related to Advertisements in the TV channels” was issued on March 16 with comments from various stakeholders and consumers sought. The TRAI then notified the “Standards of Quality of Service (Duration Of Advertisements in Television Channels) Regulations” on May 14.

     

    There was an uproar even as public opinion was divided on the issue. The regulation was challenged by several broadcasters in TDSAT with the TRAI’s role in administering the issue also being questioned. The current draft  regulation “Standards of Quality of Service (Duration of Advertisements in Television Channels) (Amendment) Regulations, 2012” has been prepared for consultation with stakeholders.

     

    The full text of the draft regulations is available on TRAI’s website (www.trai.gov.in) and responses are expected to reach the regulator by September 10.

     

  • NDTV, WPP trade statements yet again

    By A Correspondent

     

    On television, Dr Prannoy Roy is a gentleman-anchor. He apologises – with a sorry to interrupt – as he interjects while a guest is speaking. Quite unlike some others who are aggressive and don’t care a fig even with celebrated guests.

     

    So if you thought that the on-screen image of Dr Roy and his channel would also be the way his company would act in the ongoing litigation with TAM and its principals and war of words with global advertising conglomerate WPP, you’re mistaken.

     

    Last evening, we received two statements… one each from NDTV and WPP.

     

    First the one from NDTV. Clear here for the statement (PDF version)

     

    And then the WPP reply (again a PDF). Click here:

     

    We don’t really know why WPP chose to get involved in this war of statements but now that it has, no one seems to be complaining!

     

    PS:

    The following are the statements issued by NDTV and WPP so far:

     

  • MxM Comment: Enough of trading charges. Industry needs to bring warring partners to the table

    By Pradyuman Maheshwari

     

    It’s the kind of content that’s been seeing our hit rates go up, but I seriously think enough is enough. It is time the industry gets together and brings warring partners to the table. It’s important that either an industry body like IBF or AAAI or someone who would earn the respect of all parties concerned were to convene this. MxMIndia would have been happy to take the lead, but we’d rather be an independent observer than a participant. Although both Star and Madison do have active linkages with NDTV and WPP respectively, I would think Messrs Sam Balsara and Uday Shankar would do well to take the lead. For, the current blamegame and exchange of unpleasantries can continue forever, and we could still be struggling for solutions.

     

    What’s worse is that Sir Martin Sorrell is himself being dragged into the war of words. So an NDTV statment rubbishes what Sorrell and WPP have to say. And WPP (and Sir Sorrell) haven’t hesitated from commenting on NDTV’s fortunes and its lawyers. Thankfully, Dr Prannoy Roy’s name hasn’t been pulled in yet. But for how long?

     

    Representatives from all stakeholders have privately confided to this writer and corroborated MxMIndia’s original standpoint that it’s the system that’s ought to be blamed for the mess the industry is in and not just TAM. I may even stick my neck out and say that from the information I have, the TAM management isn’t corrupt, though there one may not rule out the presence of some rotten apples in the rank and file. The only way to eliminate that is by a process that has a reasonable number of checks and balances.

     

    TAM’s problem is that for too long it has not had a joint stakeholder body (BARC, earlier Joint Industry Body) governing it and providing it a frame of reference for operations. In the recent past, with the exit of aMap, it’s been a monopolistic play but you can’t blame TAM for that. The industry didn’t patronise aMap well enough.

     

    News broadcasters are particularly peeved with the current measurement system because their demand for a stop to weekly ratings wasn’t accepted by TAM. TAM, on its part, said if all stakeholders – broadcasters, advertisers and agencies – were unanimous, they would make the switch.

     

    WPP is huge in India – Group M, Ogilvy and WPP and several other outfits. The aggregate employee strength is 12,000 and revenues are of around $500million. NDTV too has a reputation of being a quality broadcaster. I am sure neither is taking the Indian market lightly.

     

    Now let’s avoid a bloodbath of words.

     

    PS: I have another worry. The news broadcasters have already asked the Minister of Information and Broadcasting to intervene in the measurement issue. While one appreciates the sentiments of the NBA, asking the government to step in can be suicidal. If the government finds the war of words between statekholders never-ending, it may well do that and last week’s example with blocking Twitter ids is a fair indicator of how governments can act.

     

  • Time for BARC to take off, else…

     

    By A Correspondent

     

    As many parts of the country experienced successive power failures yesterday, India’s booming broadcast sector plunged into its darkest hour as the news trickled in of NDTV suing measurement agency TAM and its principals. One wouldn’t want to get into the merits and demerits of the case or the arguments in the 194 pages filed by the news network’s lawyers… that’s for the Courts in New York to decide, or perhaps settled outside of it. The matter is sub-judice.

     

    But surely matters wouldn’t have reached this level had our broadcasters and trade bodies shown some urgency on the measurement issue in the last five years.

     

    Yes, TAM was mandated by the industry to measure data, but the stakeholders using it also realised soon enough that there is need to have an industry initiative to administer the measurement process. The decision was to have a body, acronymed BARC (for Broadcast Audience Research Council).  Founded in 2008, BARC has been resting in the works thanks to differences on who should be its stakeholders. Initially it was to be only the broadcasters and the advertisers, but earlier this year – at FICCI Frames 2012 – it was announced that as the key intermediary between advertisers and broadcasters, the Advertising Agencies Association of India (AAAI) would also be ‘part-owner’.  So, the IBF was to have 60 per cent stake in BARC, while the ISA (Indian Society of Advertisers) and the AAAI were to each be 20% stakeholders.

     

    A professional CEO was to be appointed and RFPs (Requests for Proposal) for the agencies conducting the field measurement and the analysis was to be published.

     

    When last heard, not much had visibly moved on the BARC front. From the learnings of the Media Research Users Council (MRUC) and the Readership Studies Council of India which are mandated to champion the proposed merged NRS and IRS studies, it could take around nine months for the entire process from issuing an RFP to selecting an agency.

     

    And what happens to TAM and the loads of investments it has made? When MxMIndia asked Paritosh Joshi (formerly CEO, Star CJ and IBF Board Member) about the fate of TAM soon after he made the announcement in March this year, he was quite categorical that the situation will not change overnight.  Clearly the objective of BARC is to herald the arrival of the next generation of TV Audience Measurement and not to boot out TAM, but to ensure that whoever undertakes the research has a clear cut brief and the Industry gets a transparent system.

     

    INDUSTRY SHOCKED, CAUTIOUS

    While most broadcasters are tightlipped on the issue and do not officially wish to comment on the NDTV lawsuit, privately their response is: “I told you so”.  However, it must be pointed out that often channels with low ratings have complained of inefficiencies in the measurement process. These allegations would hence be scoffed at. On its part, TAM has taken pains to cleanse the process after inefficiencies were exposed in the early 2000s.

     

    MxMIndia correspondents reached out to the spokespersons of nearly all key broadcasters and while they were understandably hesitant to comment on the litigation, views on the TAM process were also not forthcoming. A spokesperson for the Reliance Broadcast Network Ltd though did give us this statement: “The need of the hour for broadcasters in India and the world over is a robust, reliable research system and analytical tool. TAM needs to offer a system which will help decision-making by offering insights that are not only legitimate and pioneering but also add value to the business and in turn the end consumer.”

     

    The CEO of a channel who claimed he has benefitted and lost much from TAM’s ratings put things in perspective: “India has its own peculiarities and even though a channel may be high profile, its viewership numbers may not be very high. In the light of this, reporting channels with small viewership numbers can be hazardous given error-rates. And in case there is corruption in the system – which is tough to check – the results can be damaging.”

     

    A few former and present broadcasters also indicated that they were concerned about the impact of taking on TAM given its ownership. Although TAM is autonomous, one is aware that it is owned jointly by Nielsen and Kantar. The latter is owned by WPP, the network that runs media agency network GroupM. “There is no way I can afford to take on Group M,” the CEO quoted earlier told MxMIndia.

     

    NDTV’s move is therefore being dubbed as “bold” by the few broadcasters and media buyers we spoke with who also said TAM is certain to change course soon.

     

    Reasoned a senior planner from a non-Group M agency, “There is no denying that TAM has done some pioneering work in the business.  However, it would have been prudent for it to have improved the system and rid itself of the anomalies.”

     

    THE GOVERNMENT COULD BARK…

    The industry bodies have effectively fought back every move of the government to police the measurement process even as the I&B ministry has received several representations over the years stressing the need for the ratings process to be monitored more efficiently.

     

    A few broadcasters this correspondent spoke were anxious that the government might grab this opportunity to take over or ‘nationalise’ the measurement process given the stakes on hand.

     

    If the industry doesn’t get its act together in a week or two, it shouldn’t be surprised if the ministry of information and broadcasting jumps into the act.

     

    NDTV and its founders have been the most respected names in Indian broadcasting. That may have eroded a bit after the 2G scam in 2010, but surely there is enough ammunition for the ministry to load its arsenal against the industry’s inactivity.

     

    NEXT STEPS

    The IBF, ISA and AAAI must convene near-instantly to take stock of the situation and get BARC activated. The RFP must be issued by early September and the selection of the new agencies early next year.

     

    Until then, the trio should get TAM to take corrective measures. Although it is privately owned and hence needn’t heed industry advice, given the opportunities in the business, TAM is bound to play ball.

     

    It would be disastrous for all if the government chooses to ask TAM to cease publication of its ratings or take an extreme step of taking it over (or nationalising it). However, it must be underscored that even though there are many broadcasters who oppose TAM ratings, a large number of advertisers and media agencies – even outside of the WPP network – appear fine with the measurement process and, one may assume, have profited from advertisements appearing at slots measured by TAM Peoplemeters.

     

    Watch this space for more.

     

  • TAPROOT! | What would make an entrepreneur sell?

    By Ananya Saha

     

    Some create to sell. Some create to keep. Why would an entrepreneur who has created, built up and nurtured a company, wish to sell it? And given that the reasons are good, what then is a good time for this sell-out?

     

    PV Sahad, Editor of VCCircle, a news website dedicated to covering private equity, venture capital investments and M&A in India, said, “The right time to sell a business depends entirely on the objective of the management or the entrepreneur.”

     

    Mr Sahad added, “Usually, the companies are sold off when the markets are high or if there are suitable buyers for the company. The suitable buyers knock on the doors when the company is at the peak performance stage. This is when a buyer looks at the company and makes a good offer.”

     

    Prof Kavil Ramachandran of ISB Hyderabad opined, “There are various reasons why a company sells out. One, when the entrepreneur gets excited by something more challenging and wishes to move away from something he has established and toiled over. The entrepreneur and/or management might wish to sell out when the Return on Investment (ROI) and Return on Time and Investment (ROTI) for the effort put in seem good in terms of the valuation.”

     

    One more reason could be that the management of the company feels that the pressures of growing the company further are beyond their current means, and the entrepreneur starts to feel that someone else might be able to do a better job, added Prof Ramachandran.

     

    Mahendra Swarup

    Mahendra Swarup, President, Indian Venture Capital and Private Equity Association (IVCA), said that the reason to sell out depends vastly on the outlook of the entrepreneur. “If one’s company is heavily invested or has raised money through IPO, then the compulsion to exit the business is much more.” According to him little or less equity rights with the entrepreneur is also one reason when the companies prefer to sell out.

     

    The companies usually try and scale up their business with the money that an investor (for a stake sale) brings in, or it the entrepreneur wishes to exit the business altogether.

     

    Mr Swarup added that a good time to sell company is also dependent on the entrepreneur. “They can sell when the company is doing well, or is actually not doing well. But usually, companies are sold when the entrepreneur has an alternative scheme of things that can be a new investment horizon or venture.”

     

    Sanjeev Bhikchandani

    Sanjeev Bhikchandani, founder and executive vice-chairman of Naukri.com, said, “There are no general answers to when is a good time to sell a company. The motive to sell depends solely on the goals and objectives of the entrepreneur. If they wish to make a quick buck, they might scale up and sell. If they wish to create a huge company, they might not. The time is decided by the motive of the entrepreneur.”