GB News wins legal review of Ofcom’s breach of impartiality ruling
GB News has won a legal review of Ofcom ruling that it breached impartiality in two shows hosted by former politician, Sir Jacob Rees-Mogg.
The broadcaster took the regulator to the High Court last month, seeking a judicial review over a ruling that five of its programmes, which featured politicians acting as news presenters, broke broadcasting rules due to impartiality.
Last year Ofcom received 40 complaints when Jacob Rees-Mogg, former Tory cabinet minister, presented the show on 9 May 2023 and 13 June 2023.
The trial last month addressed the broadcasting of Rees-Mogg’s State of the Nation, with a judge ruling today that the watchdog’s decision was “vitiated by error of law”.
As a result of losing on each of the grounds of the judicial review, the court has quashed Ofcom’s decisions and awarded GB News its legal costs.
In her ruling, Mr Justice Collins Rice added: “I make clear that I am not deciding, indicating, or taking any view about any matter within the exercise of Ofcom’s proper functions.”
“And, of course, I take no view of the merits or the possible outcomes of any such investigations or reconsideration either way. It is not my place to do so,” she added.
Commenting on the ruling, 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.”
Frangopoulos continued by adding, “I call on the government and Parliament to consider the seriousness of this fundamental failure by Ofcom.”
GB News had a legal team from Brown Rudnick, including partners Neil Foster and Ian Weinstein along with a senior barrister Tom Hickman KC of Blackstone Chambers. While the regulator had an in-house team of lawyers along with senior barrister Jessica Boyd KC of Blackstone Chambers.
The broadcaster is also seeking a second judicial review over the £100,000 fine Ofcom handed it last October. The watchdog ruled the broadcaster breached due impartiality rules during its flagship programme, ‘People’s Forum: The Prime Minister’.
Commenting on the case, a spokesperson for Ofcom said: “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,” they added.
This news follows the broadcasters report earlier today of another huge loss in pre-tax.
GB News’ fell to a pre-tax loss of £33.4m in the year to 31 May, 2024 which comes after the broadcaster also making a pre-tax loss of £42.4m in the prior 12 months.