GB News wins judicial review against Ofcom following broadcasting breaches

Ofcom must pay GB News’ legal costs and remove two breaches it made against the station and Sir Jacob Rees-Mogg, following a High Court ruling.

The Court found Ofcom’s decisions on two GB News broadcasts in 2023 to be unlawful, stating its interpretation of due impartiality rules was inconsistent and restricted free speech.

GB News CEO Angelos Frangopoulos called it a “landmark victory” for broadcasting freedom.

Ofcom accepted the ruling and will review its regulations. The case revolved around whether politicians can present news, with the Court ruling Ofcom misapplied its own rules.

Frangopoulos added: “I call on the Government and Parliament to consider the seriousness of this fundamental failure by Ofcom.

Ian Weinstein, a Partner at Brown Rudnick, who represented GB News in this case, said: “This is a clear and comprehensive victory for GB News. The Court found that the two breach decisions that Ofcom made against GB News were unlawful. The ‘novel’ interpretation of the rules that Ofcom sought to apply was inconsistent with what the rules actually say – in the words of the judge, Ofcom’s analysis “does violence to the wording.”

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.”