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Univision: We'll
whup Nielsen yet
Will pursue permanent injunction against LA
LPM
Despite having lost its bid for a temporary injunction,
Univision says it plans to continue its effort through the courts to stop the rollout of
the local people meter in the Los Angeles market.
"Univision will press ahead with its lawsuit and diligently work to ensure
that reasonable and appropriate modifications are adopted to the LPM service,” the
nation's largest Hispanic broadcaster said in a statement late Thursday, following a
ruling by a Los Angeles judge tossing out its bid for a temporary injunction.
But Univision most certainly faces a tough slog.
In seeking a permanent injunction, the broadcaster faces at least two
hurdles, the first being Judge Stephan Czuleger's Thursday ruling summarily tossing out
Univision's case.
The judge, finding for Nielsen, concluded that Univision would probably not
prevail at a full trial.
Further, Czuleger tossed the case on rather substantial grounds, finding
first that Univision had failed to present sufficient evidence that the LPM, set to roll
out this Thursday, violated California state laws regarding unfair competition. Univision
contended the LPM was in violation because of a variety of flaws, including the
undercounting of Hispanic viewers.
But the judge also rejected Univision's bid on an intriguing free-speech
issue, finding that the data collected and distributed by Nielsen from its Los Angeles LPM
sample was protected by the First Amendment.
"More troubling to the court are the implications regarding free speech,"
read the judge's ruling. "Because of this, the motion again should be denied because
plaintiffs seek to enjoin defendant's First Amendment rights."
That protection, moreover, may extend beyond what's afforded ordinary
commercial free speech to include full protection, the judge concluded.
Essentially, the judge ruled that while the data from the LPM sample was used
in commercial transactions, the data itself does not constitute a commercial offer.
Granting the data full First Amendment protection would vastly curtail the
government's right to restrict or regulate how that data is gathered or
disseminated.
But no less a problem for Univision as it proceeds with the case is the
critical element of time. A full hearing for a permanent injunction could be months away,
and in that time Nielsen will have rolled out the LPM while dismantling the old system.
In addition to making all of its arguments for retaining the old system,
Univision would have to persuade the court on the merits of reconstructing that system.
And of course in that time, Nielsen will have the opportunity to fine-tune
the Los Angeles LPM. |
July 6, 2004
© 2004 Media Life
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