[TRP Scam] Popular tastes being what they are, entertainment sells: What the Bombay HC held in a 2001 judgment

In the face of the ongoing Television Rating Points (TRP) scam which brings news channels under the spotlight for allegedly manipulating viewership numbers, a Bombay High Court judgment passed almost two decades ago comes to mind..Back in 2001, the High Court heard a plea filed by one PS Deodhar, who had prayed for directions to the Union Ministry of Information & Broadcasting to set up an autonomous body to oversee TRPs in relation to television channels and programmes..One of the grievances of the petitioner was that the present agencies monitoring TRPs are not under any governmental supervision and that they do not follow any recognised or approved guidelines..Keeping in mind that advertisement rates are determined by private broadcasters on the basis of their TRPs, Deodhar made a submission that the methods used by the TRP measuring agencies to determine viewership were flawed and skewed towards urban homes..Deodhar also claimed that the agencies who measured TRPs installed "people meters" outside homes for the purposes of determining viewership. Moreover, the identity of the homes where these meters are installed is not confidential, as it ought to be, and that some media production units "seem to have found ways to influence the TRP Rating"..The Bench of now Supreme Court judge, Justice Dr. DY Chandrachud and Justice B Singh, however, rejected Deodhar's plea and directed him to place his grievances before the appropriate authority in the Central government..The Court held that it is the government and the competent statutory authority who must take a call on regulating such agencies. It was held,."...we are of the view that the question as to whether the activities of business entities such as the fourth and fifth respondents should be regulated, and if so, the manner in which that statutory regulation should take shape are matters of legislative and administrative policy. These are matters on which, it would not be appropriate for this Court to grant the relief sought, given the parameters of the jurisdiction of the Court under Article 226 of the Constitution."Bombay High Court.The Court also refused to enter into the factual issues of the case. It merely observed that accepting an agency’s data would depend on the reliability of that data, and that there was no obligation on the advertiser or the marketing agencies to rely on the data provided by the TRP agency.."The fact that advertisers spend a considerable amount of money on placing advertisements on television and for certain television programmes is no reason why this Court should exercise its jurisdiction under Article 226."Bombay High Court.The Court concluded that it is ordinary knowledge that "the entertainment value of a programme on television determines its ability to attract advertisements and hence its revenue generating potential." The judgment reads,."Popular tastes being what they are, entertainment sells. However, the objectives of a publicly owned channel such as Doordarshan are more fundamental than merely conveying images that appeal to popular taste. The private advertiser seeks to air his advertisement on programmes which command the widest audience. That there may be no redeeming social value in a particular entertainment programme is to the advertiser not of significance. Allocation of resources on advertising follows those areas where the advertiser believes there is the prospect of mass appeal. Ultimately, whether or not he relies on TRPs, for the advertiser, the revenue yielded from his outlay on advertising provides an index as to whether his outlay on advertisements is justified.".Deodhar's petition and the Court's observations in this judgment are notable considering the TRP scam in which the owners of Fakt Marathi and Box Cinema have been arrested for allegedly manipulating the TRP ratings for their channels..Mumbai Police arrests owner of Fakt Marathi and Box Cinema: Republic TV to be investigated says Mumbai Police.An ex-employee of Hansa Research Company (which managed the installation of the TRP measuring devices) was arrested for manipulating the TRP measuring devices..Whether this fiasco will lead to the government stepping in to regulate the current system of TRP ratings remains to be seen. One way or the other, the controversy appears to be one that will keep the media industry tuned in for days to come..Read the 2001 judgment here: Prabhakar Shankar Deodhar v. Union Of India (UOI)