Ofcom has strengthened guidance concerning politicians presenting news shows after the UK media regulator lost a court battle with GB News earlier this year.
Under British broadcasting rules, politicians are not allowed to present news shows, but can host current affairs shows. Ofcom has announced that this will not change, but the regulator has updated guidance underpinning these rules following an industry consultation.
The updated guidance broadens the definition of a politician, expanding it to include members of the House of Lords, for example. The updates also make clear that, if an MP presented news in a non-news show, their status “would likely be a relevant factor” in considering whether “due impartiality was preserved in the programme as a whole.”
This latter point gestures at Ofcom’s High Court battle with GB News earlier this year, during which the news network successfully quashed rulings made by the regulator.
Ofcom found GB News in breach of broadcasting rules after concluding that Jacob Rees-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 High Court overturned Ofcom’s decision, concluding that Mogg’s State Of The Nation show was predominantly current affairs, meaning the rule prohibiting politicians from presenting news did not apply.
Ofcom’s consultation did not consider whether politicians should be hosting current affairs shows, as Reform leader Nigel Farage does for GB News. This is a hotly contested issue in the UK, which has caught the attention of culture secretary Lisa Nandy, who has said it is “fracturing” democracy.
As part of the consultation, Ofcom did originally propose changing the wording of relevant rule 5.3 to: “No politician may be used as a newsreader, news interviewer or news reporter in any type of programme unless, exceptionally, it is editorially justified. In that case, the political allegiance of that person must be made clear to the audience.”
The proposal was met with widespread concern from industry players, not least GB News, which said it was “unsupported by evidence, irrational and ultra vires.” ITV and ITN also voiced concern about the rule change, with the former saying it would have a “very wide reach” on output.
Ofcom ditched the proposal, opting instead to change guidance. Cristina Nicolotti Squires, Ofcom’s group director for broadcasting, said: “We’ve listened carefully to the perspectives of audiences, broadcasters and other experts through our consultation.
“Our updated guidance provides the right protection for audiences, while also safeguarding freedom of expression and broadcasters’ editorial discretion to choose their presenting line-up.”
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