Jurisdiction(s):
United Kingdom

GB News v Ofcom [2025] EWHC 460 (Admin): politician 'newsreader' ban limited to news programmes; hybrid current affairs allowed; due impartiality context-dependent; Code changes signalled

Published on: 11 March 2025

Published by a LexisNexis Local Government expert

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Article summary

R (on the application of GB News Ltd) v The Office of Communications (OFCOM) [2025] EWHC 460 (Admin) What are the practical implications of this case?

The rising incidence of politicians stepping into atypical media slots will inevitably require OFCOM to address due impartiality and accuracy in news and current affairs more often. Achieving the appropriate balance is notoriously difficult: upholding freedom of expression whilst maintaining impartial and accurate reporting, all against a backdrop of numerous alternative, unregulated online sources, including social media and podcasts. The judgment supplies useful guidance and clearer contours to the existing framework.

On the footing of the current Broadcasting Code, the court stated that OFCOM’s effort to stretch the Code so as to forbid politicians from presenting hybrid news and current affairs programmes was unsound. As a result, broadcasters enjoy wider editorial discretion when appointing presenters and designing formats for such output. Nonetheless, the court expressly acknowledged that these broadcasts may still fall foul of impartiality obligations, with any assessment turning on the specific context and content in question. The decision therefore preserves editorial choice while reaffirming that compliance remains a case-by-case enquiry...

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