The Kerala High Court has observed that the fundamental right to carry on business under Article 19(1)(g) of the Constitution does not extend to guaranteeing profitability, while vacating its interim stay on a key provision of the Centre’s Television Rating Policy, 2026. The ruling allows the government to proceed with excluding “landing page” viewership—channels that automatically appear when a television set-top box is switched on—from official Television Rating Points (TRPs).
Justice Bechu Kurian Thomas held that television ratings are fundamentally a matter of government policy and that broadcasters or cable operators have no vested right to insist that TRPs be calculated using a particular methodology. The court also rejected the petitioners’ preliminary argument that the policy infringed their constitutional rights, emphasizing that the freedom to conduct business is distinct from the right to earn profits in a particular manner.
Kerala High Court Vacates Stay on TV Ratings Policy
The petition was filed by:
- All India Digital Cable Federation (AIDCF).
- DEN Networks Ltd.
The petitioners challenged the proviso to Clause 5.4.1 of the Television Rating Policy, 2026, issued by the Ministry of Information and Broadcasting (MIB), which excludes landing page viewership from official television ratings. The High Court had granted an interim stay in May 2026 but has now lifted that protection after hearing detailed arguments from the Centre, the Broadcast Audience Research Council (BARC), and the petitioners.
Case Snapshot
| Item | Details |
|---|---|
| Court | Kerala High Court |
| Judge | Justice Bechu Kurian Thomas |
| Petitioners | All India Digital Cable Federation and DEN Networks |
| Respondents | Union of India and Others |
| Issue | Exclusion of landing page viewership from TV ratings |
| Status | Interim stay vacated; case remains pending |
Court: Right to Business Does Not Guarantee Profits
A key observation in the order relates to the scope of Article 19(1)(g) of the Constitution.
The court observed that:
“Article 19(1)(g) cannot be stretched to include within its ambit the right to generate profits in the manner the petitioner wants. The right to do business is distinct from the right to profitability.”
The petitioners argued that removing landing page impressions from TRPs would significantly reduce advertising revenues and weaken the commercial value of landing page placements. However, the court held, at this preliminary stage, that any commercial benefit previously enjoyed could not be expected to continue indefinitely, particularly if it was not based on genuine viewer choice.
Why Landing Page Viewership Is Being Excluded
A “landing page” is the default television channel that appears automatically when a subscriber switches on a set-top box.
Under the Television Rating Policy, 2026:
- Landing page impressions will no longer count toward official TV ratings.
- Such exposure is treated as a marketing tool rather than voluntary viewing.
- Only channels actively selected by viewers will contribute to TRP calculations.
The Centre and BARC argued that automatic exposure artificially inflates audience ratings and does not accurately reflect viewer preferences.
Policy Comparison
| Earlier Approach | New Policy |
|---|---|
| Landing page impressions counted in TRPs | Landing page impressions excluded |
| Automatic channel exposure influenced ratings | Only viewer-selected content counts |
| Higher commercial value for landing page placements | Landing pages remain allowed but do not affect ratings |
Court Treats TV Ratings as a Policy Matter
Justice Thomas observed that decisions regarding how television audiences should be measured fall within the government’s policymaking domain.
According to the court:
- The government is empowered to decide what should or should not be included in television ratings.
- Petitioners do not possess a vested right to insist on a specific ratings methodology.
- The challenged policy could not be considered, at least prima facie, to be beyond the government’s authority.
The court also noted that the ongoing Supreme Court proceedings concerning earlier TRAI directions relate to channel placement, whereas the present dispute concerns audience measurement methodology under the MIB’s policy.
Industry Concerns
The petitioners contended that television ratings are the foundation of the broadcasting industry’s advertising economy.
They argued that:
- Advertisers rely heavily on TRPs to determine media spending.
- Excluding landing page viewership would reduce the commercial value of landing page advertising.
- The policy indirectly achieves what earlier TRAI restrictions sought to accomplish.
The Centre responded that broadcasters remain free to use landing pages, but automatically displayed channels should not influence official audience measurement because they do not represent conscious viewer choice.
What Happens Next?
Although the interim stay has been lifted, the writ petition challenging the constitutional validity of the Television Rating Policy remains pending before the Kerala High Court.
Unless a higher court grants fresh relief:
- The Ministry of Information and Broadcasting can implement the revised methodology.
- BARC can proceed with excluding landing page impressions from official television ratings.
- The court will continue hearing the substantive constitutional challenge in the coming months.
Looking Ahead
The Kerala High Court’s decision marks an important interim victory for the Centre and BARC in their effort to reform India’s television audience measurement system. By allowing the exclusion of landing page viewership from official TRPs, the court has reinforced the government’s preliminary position that audience measurement methodology is a policy decision rather than a commercial entitlement. The court’s observation that the constitutional right to conduct business does not include a right to guaranteed profitability is also likely to be cited in future disputes involving regulatory changes that affect business revenues.
Looking ahead, the final outcome of the pending writ petition will be closely watched by broadcasters, cable operators, advertisers, and media agencies, as it could shape the long-term framework for television ratings and advertising economics in India. The eventual judgment may also provide broader guidance on the extent to which government policy changes affecting commercial interests can be challenged under constitutional protections for trade and business.
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