The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) today pronounced its judgment in the challenge against BARC India’s landing page algorithm by Bennett Coleman and Sun TV Network dismissed the challenge on the grounds of lack of jurisdiction.
The broadcasters had moved TDSAT stating that BARC India had arbitrarily adopted a formula which reduced the viewership data collected by measurement tools of BARC.
Bennett Coleman had in September moved Delhi High Court against BARC India due to suspension of the functioning of the tribunal claiming interim relief until the tribunal heard the matter. BARC had on its end submitted that the petition would not be maintainable before TDSAT with its appellate jurisdiction not involved in the present matter.
The Delhi High Court had further in its judgment ruled that the petition would be maintainable before the TDSAT accepting BARC as a service provider.
The tribunal differed from the opinion of the Delhi High Court that BARC was a licensee or service provider under TRAI Act.
The tribunal noted that BARC was neither a licensee nor a service provider with the petitions found beyond the jurisdiction of the tribunal and dismissed on the grounds of lack of jurisdiction. The tribunal left it open for the broadcasters to pursue the case in accordance with law before any court of competent jurisdiction.