GB News has won a historic legal victory against TV regulator Ofcom, marking the first time the watchdog has lost a judicial review over its interpretation of the Broadcasting Code.
In a resounding ruling, the High Court found that Ofcom’s decisions—concerning two episodes of State of the Nation hosted by Sir Jacob Rees-Mogg on May 9 and June 13, 2023—were unlawful. The Court has quashed Ofcom’s rulings and ordered the regulator to cover GB News’ legal costs.
The case revolved around Ofcom’s claim that the broadcasts had breached the Code’s due impartiality and content regulations. However, the High Court rejected the watchdog’s stance, setting a significant precedent for media regulation in Britain.
A Victory for Free Speech
Hailing the ruling as a milestone for free expression, 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.”
Frangopoulos went further, urging Government and Parliament to take the ruling seriously:
“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 focused 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.”
The Case Against Ofcom
The dispute centred on Ofcom’s findings that State of the Nation had breached key sections of the Broadcasting Code, specifically Rule 5.1 (due impartiality in news) and Rule 5.3 (prohibiting politicians from acting as newsreaders unless in exceptional cases).
One of the contested segments involved Rees-Mogg reading a 53-second news update about a US civil court decision regarding Donald Trump. Another featured him discussing the Nottingham attacks with a GB News correspondent. Ofcom argued that Rees-Mogg, as a sitting MP, was effectively acting as a newsreader, thus compromising impartiality rules.
However, in a sharp rebuke of Ofcom’s approach, Judge Mrs Justice Collins Rice ruled that the watchdog had misapplied Rule 5.3, stating that it applies only to news programmes, not current affairs shows like State of the Nation.
The Court also ruled that Ofcom’s interpretation of Rule 5.1 was overly broad, stating that it should take a more contextual approach when assessing due impartiality. The judgment found that there was “no plausibly contended justification” for Ofcom’s conclusions, rendering them legally unsound.
Regulator Forced to Back Down
Following the ruling, Ofcom conceded defeat, confirming that it will not appeal the judgment. A spokesperson for the regulator 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.”
Implications for British Broadcasting
The ruling has far-reaching consequences for the regulation of TV news in Britain. It sets a precedent for how the Broadcasting Code should be interpreted, distinguishing between news programmes and current affairs shows—a crucial differentiation that could influence future Ofcom rulings.
For GB News, the victory reinforces its reputation as a disruptor in the media landscape, challenging what it describes as an establishment bias within traditional broadcasting oversight.
With its legal costs covered by Ofcom and its credibility strengthened, GB News continues to cement itself as The People’s Channel, championing free speech and plurality in the UK’s media landscape.
A landmark win for journalism—or a challenge to regulatory oversight? One thing is clear: GB News has changed the game.
