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In a significant victory for Britain’s newest news network, the High Court has ruled in favor of GB News in its judicial review against U.K. media regulator Ofcom over decisions related to politician-presented programs.
Justice Collins Rice found on Friday that Ofcom made errors of law when it ruled that two episodes of “Jacob Rees-Mogg’s State of the Nation” breached broadcasting rules. The judge determined that Ofcom incorrectly applied its own Broadcasting Code when it found the Conservative politician’s delivery of news content violated impartiality requirements.
The case centered on Ofcom’s March 2024 decisions regarding two broadcasts from May and June 2023. In one instance, Rees-Mogg read a 53-second news update about Donald Trump’s civil case verdict. In another, he conducted a three-and-a-half-minute interview with a reporter covering the Nottingham attacks.
Ofcom had ruled these segments violated Rule 5.3 (prohibiting politicians from acting as newsreaders in news programs) and Rule 5.1 (requiring due impartiality in news presentation). However, Justice Collins Rice determined that Ofcom misinterpreted its own rules by conflating news programs with current affairs shows.
“A program cannot be a news program and a current affairs program at the same time. The statutory scheme deals with them differently,” Justice Collins Rice wrote in her judgment, adding that “blending the two as a response to such perceived blending by broadcasters is not a solution within the current scope of the statutory scheme.”
The judge found that Rees-Mogg’s program was clearly a current affairs show rather than a news program, meaning Rule 5.3’s prohibition did not apply. While Rule 5.1 could still be relevant, the judge determined this would require a “fully contextual analysis” beyond simply noting the presenter’s political status.
The court has indicated it will quash Ofcom’s decisions and return the matter for reconsideration by the regulator, though the judge did not rule out the possibility that the regulator could pursue new investigations under Rule 5.1.
Responding to the judgement, Ofcom issued a statement: “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 program to ensure this is clear for all broadcasters.”
GB News CEO Angelos Frangopoulos also issued a statement: “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.”
The court ruling emphasized that Ofcom’s novel interpretation of its rules likely violated Article 10 of the European Convention on Human Rights, which requires restrictions on expression to be “prescribed by law.” Justice Collins Rice found Ofcom’s position was “not reasonably foreseeable, even bearing in mind the expectations it is right to have of well-advised professionals.”
“Ofcom has been found to have acted unlawfully so much so that it even breached Human Rights law. It was determined to take action against GB News. It invented its own interpretation of the rules – in effect ‘making them up.’ The court found that its interpretation of the rules was not based on their actual words and was not foreseeable for broadcasters. It unfairly expanded the rules and restricted freedom of speech,” Frangopoulos said.
“Ofcom’s actions are unfair not just to television and radio licensees but to the people who Ofcom is ultimately supposed to serve – our nation’s viewers and listeners,” Frangopoulos added. “I call on the government and parliament to consider the seriousness of this fundamental failure by Ofcom.”
