• by Joe Mandese  @mp_joemandese, July 2, 2004

A Los Angeles Superior Court Judge Thursday denied a request by Spanish-language broadcasting giant Univision Communications to issue an injunction that would have blocked Nielsen's roll out of its controversial local people meter ratings service in Los Angeles on July 8. The decision ensures that Los Angeles, the second largest U.S. TV market, will also become the second local people meter market, marking a short-term blow to the system's opponents.

In a statement following the ruling, Univision said it was disappointed, but would "press ahead with its lawsuit," which claims that Nielsen's local people meter service in Los Angeles would defame Univision within the advertising community and cause it to lose significant advertising revenues and market share. Univision's claims are based not on the people meter's technology, which it supports, but on the sample composition of the Los Angeles people meter system.

In ruling against Univision's request for an injunction, Judge J. Stephan Czuleger cited the First Amendment and the threat to Nielsen's "free speech."

Noting that the judge's ruling found "no evidence that we undercount Latinos or any other demographic group," Nielsen stated that it remained "confident that if this case goes to trial we will again prevail on the merits."

With one legal hurdle behind it, Nielsen still faces Univision's defamation suit, as well as threats of other suits by News Corp.-based Don't Count Us Out, as well as potential regulatory or legislative oversight. On Thursday, California Congresswoman Hilda L. Solis sent a letter to Nielsen President-CEO Susan Whiting urging her to delay the roll out of people meters in the Los Angeles market until questions from lawmakers can be answered. Nielsen has maintained that unless it received an injunction, it would move ahead with its July 8th roll out. Solis asked Whiting to respond to Congress' questions "no later than July 7.