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The prohibition of unauthorized measurements of the Television Audience/viewership

The Decision of the Tirana District Court no. 2846, dated 21.07.2020  

In one of the last court cases pursued (in defense of the Claimant) by “Legale Albania”, represented at trial by Atty. Lulzim Alushaj and assisted by Ass. Atty. Xhesilda Balashi, the Commercial Section of the Tirana District Court decided to accept the claims of the Claimant (Television with National Broadcasting License) and the main intervener (another Television with National Broadcasting License) against an Albanian company which is active in unregulated market of television audience measurements.

In principle, on the unregulated market of television Audience measurements, was accepted the rule of prohibition of measurements and publication of measurement data by persons or entities not authorized by the entity against which the measurements are made, and as a result of these actions the Court decided to compensate the damages to the Claimant. Along with the final decision in the first instance, the Trial Panel also legislated the measure for securing the lawsuit which was given during the trial, by prohibiting the measurements and their publication until the end of the final trial.

It is the first time that such an interesting and at the same time complex case is tried by an Albanian Court and which certainly constitutes one of the “case study” for the adjudication of commercial cases and the impact that it will bring to the improvement of the audiovisual media market in Albania.