NDTV - TAM row; News giant has 6 more questions for WPP

As the spat between NDTV & WPP is intensifying it is becoming clear that the real issues are being avoided by WPP behind the TAM ratings row. 

 

According to NDTV Sir Martin's large team has been avoiding answering the key questions they had asked earlier. They reiterate their 6 point statement and enquire if he is aware of the facts.  They have once again enlisted their points which they consider to be the real key questions that need to be dealt with by WPP.

 

Is it true that on the 11th of April 2012, the head of security for Nielsen, Robert Messemer admitted to severe corruption in the TAM system? And that the head of research, Paul Donato admitted to other severe errors in TAM data and systems?

Is it true that Nielsen and Kantar launched their own investigation in January this year, following which they witnessed and verified details about corruption in the system, including audio and video recordings, and statements from a whistleblower.

Is it true that the CEO of Kantar, Eric Salama apologized to NDTV at the meeting on April 11, after hearing Mr Messemer, and promised immediate action?

Is it true that Sir Martin Sorrell was personally informed about the problems in August 2011, in the presence of several witnesses? What were the specific steps that were taken after this?

Is it true that the flawed TAM data continues to be published, despite an assurance that it would be stopped on the 31st of July.

Is it true that other broadcasters and NDTV have been pointing to flaws in the TAM system for years? And that the News Broadcasters Association of India has now asked for TAM ratings to be suspended till issues are resolved?

 

Inspite of suffering extensive damages, NDTV has been consistently focusing on helping Nielsen, Kantar and TAM to fix their own systems. The issues they had with TAM ratings were first raised by them 8 years ago even when they  were a clear undisputed number one even according to TAM. Earlier this year, NDTVworked closely with the highest levels of Nielsen and Kantar, to investigate their own TAM ratings system in India. They made sure the press was not involved at that point of time and  there was no talk of a "financial settlement".  Their only concern then was that the TAM system be cleaned up. 

 

When NDTV realized that no meaningful action was being taken by WPP  in the matter they had no other option but to make a threat of legal action on 4th June this year. If they had to bring a real change in the TAM system they felt that they had no other choice but to file the lawsuit.

 

They confirm the veracity of their statement made two days ago that  NDTV's lawyers had not approached for settlement after the lawsuit was filed and communicated. An email from , Vikram Chandra CEO, NDTV, communicated of the lawsuit to Nielsen and Kantar and this has been selectively quoted by  WPP. The lengthy mail contained details of the suit, the cause for damages and the reason why it was filed in the USA. Attached to the lawsuit was an invitation to talk to sort out the differences. NDTV felt they were taking a step further since they had already been working for a long period together with Nielsen, Kantar and TAM to repair their system in India. 

 

NDTV makes it very clear that they have no desire to get into a prolonged trial by media with WPP. Their key intent in all these years has been to secure the cleaning up of the TAM ratings system which is clearly shared by every stakeholder in the Indian broadcasting sector, and they are deeply grateful for the extensive support that this demand has received. 

 

NDTV urges WPP to avoid a further obfuscation of the real issues and to turn its attention to the basic facts that are contained in their lawsuit. 

 

In response to NDTV WPP has welcomed their statements and have responded to their  queries once again to sort out issues. They say that they have no desire to get into a prolonged trial by media. They have issued statements only in order to correct selective and misleading statements in the media. With regard to NDTV’s detailed questions they also intend to address the issues though a proper forum and  not in an exchange of media statements. TAM has always welcomed the opportunity to address the facts they said and continue to work to improve its system with the involvement of its stakeholders and its highly respected management.

 

They are  pleased to note that NDTV acknowledges the  fact that Kantar,Nielsen and TAM have been working with NDTV, to address improvements in the system. They also reiterate that it is wrong on the part of NDTV to state that "nothing" was being done about their concerns.

 

They deny any obfuscation on their part. On the contrary they say that they are continuously

 

working on improving the technology coverage and transparency in the system. Stringent measures have been taken to protect the panel against repeated attempts at tampering by unknown persons. They are in discussions with industry stakeholders to ensure quality and reliability of the data. 

Another factor they consider to be of utmost importance is to clarify the discussions around

 

settlement. They had said the NDTV CEO initiated a request for settlement discussions on 27th July and are glad that NDTV too admits the same. Vikram Chandra's email to Eric Salama was very clear in suggesting settlement discussions take place before "[NDTV] proceed with costly litigation". They also clarify that on 21st August NDTV's lawyers wrote to Kantar's lawyers enquiring about the possibility of a settlement meeting and have gone on to quote the precise wordings of the email that was sent. It was as follows: "please let us know what the current status is in relation to settlement possibilities and/or a meeting, which we believe is the subject of certain email communications between Eric Salama of Kantar and

 

Vikram Chandra of NDTV."

 

According to WPP this was not the only communication with regard to the above mentioned request to initiate a settlement meeting. NDTV's lawyers have also referred to the possibility of settlement discussions on other occasions. 

They refute the statement made by NDTV which insists that WPP engaged a "massive PR machine", or a "large team" to deal with the various statements made by them. It was only a small team of 4-5 WPP staff that have dealt with the issues raised by NDTV, over the UK bank holiday they said. 

 

They are disappointed that NDTV is in the habit of quoting TAM data, to blame the measurement of audience data for their falling ratings, whenever it suits them. They have referred NDTV's statement of highlights for  Quarter ended September 30th 2011, whereby NDTV has quoted TAM ratings to demonstrate that NDTV Good Times was "the number 1 lifestyle channel in the country as per TAM ratings. Advertising revenue has seen a substantial jump in the second quarter of the year." 

 

WPP is very firm in their view that no “lawsuit”  has been served to them and that the claims in that law suit have no merit whatsoever and also that it has been issued in an entirely inappropriate jurisdiction. However, they intend dealing with those issues in the courts, at the appropriate time. 

 

On an end note they once again reiterate the fact that they are proud of TAM’s  services which has been delivering to the market for 14 years and TAM, together with its highly respected and admired management, looks forward to continuing to engage with the industry to meet its needs.