Ofcom Backs Down on GB News Impartiality Rulings After Court Defeat

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Ofcom has withdrawn three further impartiality rulings against GB News following its recent High Court defeat over programs hosted by Sir Jacob Rees-Mogg. The broadcasting regulator had initially ruled that the channel breached impartiality rules, but after the court’s decision in favor of GB News, it has now reversed its stance on additional cases.

 

Last month, GB News achieved a significant legal victory when a judge overturned Ofcom’s decision that the channel had violated broadcasting regulations by allowing Sir Jacob to present news content. Now, in a further development benefiting the network, Ofcom has dropped three more breach decisions concerning episodes hosted by the Conservative couple Esther McVey and Philip Davies. Ms. McVey is the sitting MP for Tatton, while her husband previously served as a Tory MP from 2005 until last year’s general election.

 

Angelos Frangopoulos, chief executive of GB News, expressed concern over the way Ofcom handled the situation. “Ofcom has now removed a total of five breaches against GB News. This follows the High Court’s decision that Ofcom had acted unlawfully. Although we welcome Ofcom’s adjustment of GB News’s compliance record, we note this only happened after GB News’s lawyers wrote to the regulator asking why its website failed to reflect the High Court’s judgment.

 

It is noticeable that whilst Ofcom has previously rushed to social media to publicise new investigations and breach decisions against GB News – including in relation to the five breach decisions that have now been withdrawn – no equivalent posts were made to make the public aware of the High Court’s decision or the withdrawal of the five breach decisions.”

 

Ofcom acknowledged the court’s ruling and signaled its intent to review its policies. A spokesperson for the regulator stated, “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.”

 

The High Court ruling marked the first instance of Ofcom losing a legal challenge against one of its broadcasting decisions. The case highlighted the ambiguity in existing regulations regarding the role of politicians as news presenters. According to the broadcasting code, politicians are prohibited from acting as newsreaders, news interviewers, or reporters unless there is an exceptional editorial justification. Ofcom had determined that two episodes of Sir Jacob’s State of the Nation breached these rules.

 

However, in her ruling last month, Justice Rowena Collins Rice quashed the verdicts, criticizing Ofcom for failing to differentiate between a news program and a current affairs show.

 

As a result of the ruling, the decisions have been returned to Ofcom for reconsideration, and the regulator has been ordered to cover GB News’s legal expenses. Ofcom’s original interpretation of the broadcasting code also formed the basis for the three additional breach rulings, which concerned two episodes of Friday Morning with Esther and Phil and one episode of Saturday Morning with Esther and Phil, all broadcast in 2023.

 

Based on a report by The Telegraph  2025-03-17