Category: NDTV v/s TAM

  • BARC next announcement in 2-3 weeks: Punit Goenka

    By A Correspondent

     

    Even industry captains privately told MxMIndia that NDTV lawsuit against TAM and its principals would not have happened had all stakeholders shown urgency to get Broadcast Audience Research Council (BARC) off the ground, BARC chairman Punit Goenka told MxMIndia on the sidelines of the Indian Television Fest press conference that one can expect some announcements in next two or three weeks.

     

    A group of ’eminent experts’ has been spoken with to constitute the apex advisory committee and with each one’s concurrence in, an announcement will be made.

     

  • Government mulls probe against TAM after complaints

    By A Correspondent

     

    The government is planning to launch a probe into the alleged fudging of television viewership data by TAM Media Research after several complaints from broadcasters.

     

    A top official in the Union information and broadcasting ministry, who did not want to be identified, said the government has received a lot of complaints about TAM in the past. “A lot of people have been raising concerns because of which we are looking at TAM very carefully. We will soon take some action,” he added.

     

    Broadcaster New Delhi Television Ltd (NDTV) sued The Nielsen Co, a global research and information firm, and Kantar Media Research, equal partners in

    TAM Media, for tampering with TV viewership data to favour broadcasters who allegedly bribed executives in their Indian JV.

     

    NDTV, which owns the news channels NDTV 24X7 and NDTV India, filed the suit in the New York State Supreme Court seeking damages of around $1.4 billion for negligence and fraud, and hundreds of millions more for interference and breach of fiduciary duty.

     

    Advertisers and media agencies in India depend on TAM data – the only available measurement for TV viewership – to negotiate ad rates. Any discrepancy in the data would have resulted in losses for several broadcasters, advertisers and ad agencies.

     

    News of NDTV’s lawsuit has created ripples in the media industry, with several broadcasting firms and advertising agencies saying this has only established what has been an “open secret” in the industry for a while, but this could be an opportunity to set things right.

     

    “I have always been saying that the TAM data is all wrong, fudged. And I have not changed my views on this,” said Subhash Chandra, chairman of Essel Group, which runs several TV channels under the Zee banner.

     

    “The allegations, which NDTV has made against TAM, are very serious in nature. It is a matter of concern for the broadcast industry. The industry in the past has raised issues like small sample size used by TAM. Even as a company, we have several times taken up issues with them.

     

    For example, we questioned them on this year’s IPL ratings. Given the large crowd in the stadiums we had imagined the ratings to be much more than what were released by TAM,” said Manjit Singh, CEO of MSM India, which runs the Sony and Max channels.

     

    Mr Singh added that MSM has taken up the issue with TAM. “They do come back with explanations but they may not always be satisfactory,” he said.

     

    In its 194-page lawsuit, NDTV claims that it had confronted Nielsen with evidence of data manipulation, including taped meetings with TAM India employees, which showed that they were willing to tamper data for bribes. Nielsen, according to NDTV, admitted in meetings and through emails that its data was being manipulated and that it was willing to address the issue by July 1, 2012.

     

    NDTV says that Nielsen continued to publish these ratings despite repeated demands to stop distribution of TAM TV ratings until the sample size was increased and a proper security mechanism was put in place.

     

    Another broadcaster told ET that it has taken up with TAM the issue of aberrations appearing in the time spent per viewer (TSV) numbers derived from TAM data several times.

     

    “We have raised concerns about skewed TSV patterns in select markets. It could be because of discrepancy at the ground level. But there has been no action from TAM,” a top executive at the broadcaster said.

     

    “We are totally disappointed at the lack of responsibility shown by TAM in dealing with this issue,” another broadcaster said, adding he has lodged a complaint with the I&B ministry about the fudged data.

     

    Most of the discrepancy is due to the small sample size, say experts and industry insiders. The current system is highly susceptible to manipulation. It is easy to manipulate the findings to distort the eventual numbers published by TAM, said one person.

     

    “I cannot say for sure if bribes are involved. But numbers are distorted without any logic and go unexplained. And it is easy to distort the numbers to favour someone,” he added.

     

    A media planner who did not wish to be identified said this is a chance to revive the Broadcast Audience Research Council (BARC) that was proposed by the Indian Broadcasting Foundation a few years ago. The government should also implement the Amit Mitra committee recommendations that talked about irregularities in the current measurement system.

     

     

    Source: The Economic Times

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

     

  • Trade shocked as NDTV sues Nielsen,Kantar,TAM & others

    By A Correspondent

     

    New Delhi Television Ltd (NDTV) has sued The Nielsen Co, a global research and information firm, and its partner Kantar Media Research in a New York court for tampering with TV viewership data to favour broadcasters who allegedly bribed executives in its Indian JV, TAM India.

     

    In an unprecedented action, the Indian television producer and broadcaster, NDTV, which owns the news channels NDTV 24×7 and NDTV India, has filed a suit in the New York State Supreme Court seeking damages of around $1.4 billion for negligence and fraud and hundreds of millions more for interference and breach of fiduciary duty. Advertisers and media agencies depend on TAM data – the only available measurement for TV viewership – to negotiate ad rates.

     

    In its 194-page lawsuit, NDTV claims that it had confronted Nielsen with evidence of data manipulation, including taped meetings with TAM India employees, which showed that they were willing to tamper data for bribes. Nielsen, according to NDTV, had admitted in meetings and through emails that its data was indeed being manipulated and that it was willing to address the issue by July 1, 2012.

     

    NDTV says that Nielsen continued to publish these ratings despite repeated demands to stop distribution of TAM TV ratings until the sample size was increased and a proper security mechanism was put in place.

     

    The broadcaster has charged Nielsen and Kantar with “operating worldwide through a deliberately complex web of subsidiaries and joint ventures, creating, at least in India, a monopoly and abusing the power of that monopoly.”

     

    It has also called the Nielsen board of directors “proxies for the world’s largest and most powerful group of corporate takeover specialists (referred to herein and in Nielsen’s 2011 Annual Report as ‘Sponsors’)” and alleged that they took this approach to “‘cash out,’ as part of the typical leveraged buyout ‘exit strategy,’ making billions of dollars in profits.”

     

    Among the sponsors of Nielsen are KKR, The Blackstone Group, The Carlyle Group, Thomas H. Lee Partners, Alpinvest Partners, Hellman & Friedman and Centerview Partners. These sponsors, however, have not been made defendants in the suit.

     

    NDTV has also said that the problem extends to other markets such as Turkey and Philippines.

     

    NDTV managing director Vikram Chandra declined comment as “the matter is in court”. LV Krishnan, CEO, TAM Media Research said: “There is no comment to make right now as the matter is sub judice.”

     

    NDTV is being represented by law firms, Sabharwal & Finkel and Luthra & Luthra.

     

    The news created ripples in the media industry with many advertisers saying they were shocked by the developments. “I am shocked. They (TAM ratings) are a key component of all media investment decisions today,” said Madhukar Kamath, group chief executive officer and MD of advertising and media major, Mudra group.

     

    A media planner who did not wish to be identify, said: “We take TAM ratings very seriously and all our investments depend on them. It is hard to believe that a company like Nielsen, which invests so much in market research, would manipulate the ratings.”

     

    “There have been questions about the sample size of TAM and number of meters it uses to arrive at ratings, but in the absence of an alternative in the TV measurement space, we depend on TAM as large investments on advertising have to be made on the basis of some numbers.”

     

    Source: The Economic Times

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

     

     

  • 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.

     

  • NDTV takes TAM, principals to US court for $580 million [updated]

     

    By A Correspondent

    Leading news and lifestyle television broadcaster NDTV has taken TAM and its principals Nielsen and Kantar to court. We confirm we have filed a lawsuit in the Supreme Court of New York State. Because the matter is sub judice, we have no further comments at this time,” said an NDTV spokesperson. And here’s the response from the TAM spokesperson: “TAM India, a 50:50 Joint venture between Kantar Media and Nielsen, doesn’t comment on any litigation.”

    According to a report in Courthouse News Service and Entertainment News Digest (link: http://www.courthousenews.com/2012/07/30/48808.htm and http://www.entlawdigest.com/2012/07/30/1672.htm) :

    It seeks $580 million on 42 counts, including negligence, gross negligence, false representations, prima facie tort and violations of the FCPA and Dutch Corporate Governance Code. It claims that the Dutch Corporate Governance Code requires that Nielsen, a Netherlands-based company, act in the interests of all corporate “stakeholders.”

    The Defendants include five Kantar entities, TAM and 14 Nielsen group entities, Nielsen CEO David Calhoun and its directors James Atwood, Jr., Richard Bressler, Simon Brown, Michael Chae, Patrick Healy, James Kilts, Iain Leigh, Eliot Merrill, Alexander Navab, Robert Reib and Scott Schoen.

     

    [we’re unlikely to see any more updates on this, but we will update the story in case there are any]