GB News has won a landmark legal battle with UK media regulator Ofcom over a report by presenter Jacob Rees-Mogg about Donald Trump.
In a High Court ruling, a judge found that Ofcom was unlawful in determining that GB News breached broadcasting rules in two separate editions of Mogg’s State Of The Nation show.
Ofcom argued that Mogg, a former Conservative minister, veered into newsreader territory when telling viewers in May 2023 that a jury had found Donald Trump guilty of sexually assaulting writer E. Jean Carroll.
The regulator said this, and a separate report on Valdo Calocane killing three people in Nottingham, constituted a breach of rule 5.3 of the UK broadcasting code, which states: “No politician may be used as a newsreader, interviewer or reporter in any news programmes unless, exceptionally, it is editorially justified.”
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In reaching this conclusion, Ofcom ruled last March that State Of The Nation could be characterized as both a “news programme” and a “current affairs” show, the latter of which is exempt from rule 5.3.
The court found that the statute underlying British broadcasting rules treats news programmes and current affairs shows as being distinct. Because State Of The Nation was predominantly a current affairs show, the court said rule 5.3 did not apply.
“I am minded to quash the two decisions in this case,” said Mrs Justice Collins Rice. “Because they applied rule 5.3 to news in any form outside the confines of a news programme, and because they conflated a news programme and a current affairs programme. Rule 5.3 does not apply outside news programmes. This was a current affairs programme and not a news programme.”
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.”
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.”
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.”
Significantly, Ofcom added that will now consult on redrafting rule 5.3 of the broadcasting code “to restrict politicians from presenting news in any type of programme to ensure this is clear for all broadcasters.”
Rule 5.3 was written nearly two decades ago, at a time when it was not envisaged that a news channel would have lawmakers hosting shows on a nightly basis. Critics of Ofcom’s approach have been calling for a review of the rule for more than a year.
Chris Banatvala, Ofcom’s former director of standards, told Deadline last year: “It would be wise, given broadcasters are coming up against the code, for Ofcom to have a rigorous discussion and a possible consultation around this matter and be open about why changes may or may not be needed.”
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