GB News wins Ofcom legal challenge
The historic judgment is the first time the broadcasting watchdog has lost a judicial review of one of its decisions in relation to the Broadcasting Code
The landmark ruling also sees the channel awarded costs by High Court
Don't Miss
Most Read
Trending on GB News
GB News has comprehensively won its judicial review of TV regulator Ofcom’s decisions that two shows hosted by Sir Jacob Rees-Mogg breached the broadcasting Code.
In a landmark ruling the High Court found that Ofcom’s conclusions - that the broadcasts, on May 9 and June 13 2023, breached the Code’s due impartiality and content regulations - were unlawful.
As a result, the Court has quashed the decisions and awarded GB News its legal costs.
The historic judgment is the first time the broadcasting watchdog has lost a judicial review of one of its decisions in relation to the Broadcasting Code.
GB News CEO Angelos Frangopoulos said: “This landmark decision by the High Court vindicates GB News’ position as the fearless defender of Free Speech in the United Kingdom.
“Our court victory is hugely significant for the entire British broadcasting industry. We are proud that we were the only media company prepared to have the courage of our convictions.
GB NEWS CHIEF EXECUTIVE REACTS TO WINNING OFCOM LEGAL CHALLENGE
“Ofcom has been found to have acted unlawfully so much so that it even breached Human Rights law.”
He added: “I call on the Government and Parliament to consider the seriousness of this fundamental failure by Ofcom.
“GB News is thriving with record audiences because it is focussed on serving all of the nation’s communities and delivering on its mission to be The People’s Channel - championing Britain’s voices and its values.”
The case centred on Ofcom’s findings that the two State Of The Nation shows, which involved the then sitting MP reading a brief news update and engaging in a short live exchange with a reporter, breached key sections of the Broadcasting Code.
One show, saw Mr Rees-Mogg read out a decision from a US civil court concerning rape allegations against Donald Trump for 53 seconds.
Another featured him speaking to a correspondent about the attacks carried out in Nottingham by killer Valdo Calocane.
Ofcom argued that the broadcasts violated Rule 5.1 (covering due impartiality in news) and because Rule 5.3 (that regulates politicians presenting news) applied in all situations where Rule 5.1 applied.
The regulator claimed that Mr Rees-Mogg’s role as a presenter and reporter in these broadcasts compromised due impartiality and breached the requirement that politicians should not serve as newsreaders unless there is exceptional editorial justification.
However, Judge Mrs Justice Collins Rice rejected Ofcom's interpretation of the rules, ruling in favour of GB News.
The Court found that Ofcom had misapplied Rule 5.3, saying that the provision only applies to "news programmes" and not to current affairs shows like Jacob Rees-Mogg’s State of the Nation.
The Court also found Ofcom’s interpretation of Rule 5.1 too broad, ruling that it should take a more contextual approach when considering whether politicians acting as presenters, reporters, or interviewers in current affairs programmes violate due impartiality standards saying there was “no plausibly contended justification” to finding GB News in breach.
In hearings that took place in January, the news channel had argued that the broadcasts in question did not violate the Broadcasting Code.
The network contended that the segments featuring Mr Rees-Mogg in question were part of an editorially justified current affairs programme, and that there was no breach of the due impartiality rules.
The Court’s judgment found that Ofcom’s interpretation of the rules was both ‘novel’ and unsupported by historical regulatory practice.
The result of the judgment means that Ofcom’s decisions have now been declared unlawful and that the regulator will now be required to reconsider the cases.
In addition to the quashing of the breach decisions, the Court has ordered Ofcom to pay GB News’ legal costs incurred in the proceedings.
This legal victory marks an important moment for TV news, with broader implications for how the Broadcasting Code is interpreted and applied in future, and in particular creates a clear delineation between news programmes and current affairs programmes.
Ofcom spokesperson: “We accept the Court's guidance on this important aspect of due impartiality in broadcast news and the clarity set out in its Judgment.
"We will now review and consult on proposed changes to the Broadcasting Code to restrict politicians from presenting news in any type of programme to ensure this is clear for all broadcasters.”
Ofcom will not be appealing the judgment.
Mr Rees-Mogg lost his North-West Somerset seat at last year’s General Election but has continued to host his show on the channel.
GB NEWS CHIEF EXECUTIVE REACTS TO WINNING OFCOM LEGAL CHALLENGE
