The Delhi High Court today stayed certain provisions of Information & Broadcasting Ministry's guidelines that prohibit a TV rating agency from doing business in case it has stakes in another advertising company that books commercials for channels and fixes its rates.
"Keeping in view the submission of the petitioner (Kantar Market Research Services Pvt Ltd which has got stakes in television rating agency TAM Media) the related provisions of impugned guidelines are stayed," Justice Manmohan said.
The bench, meanwhile, asked Kantar Market Research Services Pvt Ltd to provide details of its cross share holding and clients on its website within two weeks as a transparency measure in the wake of government guidelines.
It, however, said the interim arrangement was made without "prejudice to the rights and contentions" of the parties involved in the case.
The court's interim order came on the plea of Kantar Market Research, which has 50 per cent shares in TAM Media, challenging the I&B Ministry's policy on TV rating agencies.
Senior advocate Mukul Rohatgi, appearing for the company, said that the firm had problem only with a clause of the guidelines which bar the company from having cross holding of 10 per cent or more in TV rating companies or advertising agencies.
Harish Salve, another senior lawyer who had argued yesterday, had said that there was no law which regulates TV rating companies, and the guidelines should have first been placed and debated in the Parliament.
He had said that the guidelines were "dangerously close to the fundamental right to freedom and will force TAM Media Research to shut down".
Earlier, the court had declined to stay the guidelines, which bar any single entity from having paid-up equity in excess of 10 per cent simultaneously in both a rating agency and a broadcaster, advertiser or advertising agency to ensure fair ratings.
