has won its judicial review of TV regulator decisions that two shows hosted by breached the broadcasting Code. The High Court has delivered its ruling as Mrs Justice Collins Rice handed down her judgment by email today (February 28).
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.
The Court has ordered Ofcom to pay GB News’ legal costs incurred in the proceedings.
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.
“Ofcom has been found to have acted unlawfully so much so that it even breached Human Rights law.”
Jacob Rees-Mogg State of the Nation was alleged to have breached Ofcom rules (Image: GB NEWS)
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.”
An Ofcom spokesperson 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.”
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 Mr Rees-Mogg’s State of the Nation.
The Court also found Ofcom’s interpretation of Rule 5.1 too broad, saying there was “no plausibly contended justification” to finding GB News in breach and they should take a more contextual approach when considering whether politicians acting as presenters or reporters on current affairs programme are violating impartiality standards.
The Court’s judgement found that Ofcom’s interpretation of the rules was both “novel” and unsupported by historical regulatory practice.
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Jacob Rees-Mogg, former Tory cabinet minister, was at the centre of the complaints (Image: Getty)
One programme saw Mr Rees-Mogg read out a decision from a US civil court concerning rape allegations against 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.
A judge had previously permitted GB News to launch a judicial review into the regulator’s finding it breached rules last year.
GB News launched a legal challenge against Ofcom over the regulator’s findings that the broadcaster breached its code over two broadcasts involving Mr Rees-Mogg in 2023.
GB News wins landmark ruling (Image: GB NEWS)
Ofcom received 40 complaints when the former Tory cabinet minister presented the show on 9 May 2023 and 13 June 2023.
The channel sought to contest Ofcom’s rulings over breaches of impartiality in broadcasts, including the presentation of State of the Nation by politicians.
The watchdog launched an investigation last February as to whether GB News violated the Broadcasting Code, which prevents politicians from reading the news because of their implicit partiality.
Ofcom ruled in March that five programmes on GB News featuring politicians acting as news presenters broke impartiality rules.
GB News haD a team of lawyers from Brown Rudnick, including partner Neil Foster and Ian Weinstein along with a senior barrister Tom Hickman KC of Blackstone.
The regulator has an in-house team along with senior barrister Jessica Boyd KC of Blackstone Chambers.
Both parties attended the one day hearing in front of Mrs Justice Collins Rice.
GB News is also seeking a second judicial review over the £100,000 fine Ofcom handed it last October but is yet to have a court date set.