Kerala HC order on landing page ratings strengthens MIB's policy hand

The Kerala High Court's latest interim order refusing to stay the Ministry of Information and Broadcasting's (MIB) policy excluding landing page viewership from television audience measurement is being viewed as a watershed moment for India's broadcast measurement ecosystem, with legal experts and industry executives saying it significantly strengthens the government's authority over television ratings while weakening a key argument advanced by cable operators.

The order, delivered in the challenge filed by the All India Digital Cable Federation (AIDCF) against the MIB's policy guidelines, comes months after the ministry directed the Broadcast Audience Research Council (BARC) to exclude landing page viewership from television ratings. Industry stakeholders believe the ruling could fundamentally reshape the economics of television distribution, advertising and content investments.

The court's observations assume significance because they go beyond merely declining interim relief. They clarify the scope of earlier proceedings while also indicating that the policy governing television ratings falls squarely within the government's domain rather than the Telecom Regulatory Authority of India (TRAI).

Senior Counsel Abhishek Malhotra, representing BARC, said the interim order effectively addresses two central issues that have formed the basis of the litigation.

"While this is an interim order, the reason why it assumes significance is because, firstly, it clarifies that the earlier proceedings were limited only to the aspect of TRAI's jurisdiction. Secondly, it negates the fundamental basis of AIDCF's challenge by taking a prima facie view that excluding landing page viewership from television ratings does not amount to interference with the right to carry on business or the right to advertise under Article 19(1)(g)," Malhotra told e4m. 

He added that unless AIDCF is able to produce cogent evidence during the proceedings demonstrating that the exclusion of landing page ratings substantially impairs distributors' ability to conduct business or advertise, the legal foundation of the challenge remains weak.

"We will contest the matter in the absence of any cogent evidence by AIDCF demonstrating that there is such an impact on the right to carry on business or the right to advertise that it effectively takes away those rights altogether. This decision could ultimately become the basis for a final order upholding the policy guidelines," he said.

Reinforcing MIB's authority

According to industry experts, the order significantly strengthens the MIB's role in determining television audience measurement methodologies, drawing a clear distinction between TRAI's role as a distribution regulator and the government's authority over ratings policy.

Vishal Khanna, Founder of Sales Strategist LLP and a Connected TV specialist, described the judgment as "a massive win" for the ministry and one that could have far-reaching consequences beyond the immediate dispute over landing pages.

"The court has effectively drawn a clear separation of powers. While TRAI regulates channel placement and distribution, television ratings methodology is recognised as a matter of government policy under the MIB. That gives the ministry greater confidence to shape audience measurement frameworks going forward," Khanna said.

Khanna believes the ruling could also accelerate the evolution of audience measurement beyond traditional linear television.

"If landing page distortions can legally be excluded from television ratings, it opens the door for the industry to move towards unified audience measurement across linear TV, Connected TV and digital platforms. This order creates an important policy foundation for future cross-screen measurement systems," he added.

Broadcasters brace for ratings reset

The immediate commercial impact is expected to be felt by broadcasters whose ratings had benefited from landing page placements negotiated with cable operators.

Landing pages refer to default channels that automatically appear when viewers switch on their television sets. The MIB policy requires that such involuntary viewing should not be counted in BARC's television audience measurement.

Industry executives say this could trigger a substantial recalibration of Rating Points, particularly for channels that historically relied on default placements to enhance measured reach.

Khanna said broadcasters dependent on landing page exposure are likely to witness an immediate correction in audience numbers.

"The artificial GRP bubble will gradually disappear. Channels that relied on distribution-led visibility rather than actual viewer choice will see their ratings normalise. It shifts competition back towards content quality instead of placement strategy," he said.

He also expects advertising sales practices to evolve.

"Sales teams will increasingly have to demonstrate genuine audience engagement and return on investment rather than relying on inflated reach numbers. While some broadcasters may witness short-term pressure on advertising revenues, the longer-term outcome should be greater credibility in television measurement," Khanna added.

Distribution economics under pressure

The judgment is also expected to alter the commercial relationship between broadcasters and multi-system operators (MSOs), for whom landing page placements have historically represented a lucrative revenue stream.

A senior executive at a leading cable distribution company, requesting anonymity, said the industry is carefully evaluating the implications of the order.

"Landing page deals have traditionally been part of commercial negotiations between broadcasters and distribution platforms. If those placements no longer influence ratings, broadcasters will inevitably reassess how much value they attach to such arrangements. That could affect an important revenue stream for cable operators."

Another executive at a national MSO said the industry is likely to not pursue further legal remedies, arguing that placement remains an integral component of channel marketing and distribution.

"There is concern that while the policy addresses one perceived distortion, it could also reduce commercial flexibility within the distribution ecosystem. Operators believe their role in channel discoverability should not be underestimated," the executive said.

Advertisers welcome cleaner metrics

Broadcasters not heavily dependent on landing page placements, however, privately welcomed the court's observations.

A senior executive at a large television network said advertisers have increasingly questioned whether default viewing should be treated as genuine audience consumption.

"Brands ultimately want measurable consumer choice rather than forced exposure. If ratings become more reflective of intentional viewing, it strengthens advertiser confidence in television as a medium. Channels investing in programming rather than distribution will benefit over time."

Another broadcaster said the decision could gradually shift industry spending away from carriage fees towards programming investments.

"If ratings can no longer be influenced through distribution mechanics, the logical response will be greater investment in original content and viewer engagement. That is healthier for the ecosystem."

Consumer experience also expected to improve

Beyond industry economics, experts believe the ruling could improve viewer experience by reducing dependence on forced landing pages.

Khanna noted that consumers have long expressed frustration over televisions automatically opening on channels they had not actively selected.

"Moving away from placement-driven viewing restores viewer choice. It encourages an ecosystem where content—not default positioning—determines success. Ultimately, that's beneficial for advertisers, broadcasters and audiences alike."

With the Kerala High Court's observations providing early judicial backing to the MIB's approach, the case is now expected to proceed towards a detailed examination of the constitutional and commercial arguments advanced by the petitioners.

For now, however, the interim order has significantly strengthened the government's position, while signalling that India's television measurement system may be entering a new phase where audience data is increasingly expected to reflect deliberate viewer choice rather than distribution-led visibility.