The High Court has quashed Ofcom’s rulings that GB News breached impartiality rules during two broadcasts hosted by Sir Jacob Rees-Mogg 

while he was still a Member of Parliament. 

The decision marks a significant moment in the ongoing debate over the role of politicians 

as broadcasters and how impartiality rules are applied in television journalism.

The Controversial Rulings

The case revolved around two segments from Jacob Rees-Mogg’s State of the Nation, which aired on GB News in 2023. 

The first occurred in May, when Rees-Mogg read out a breaking news bulletin about Donald Trump’s civil sexual assault trial. The second took place in June when he interviewed a GB News journalist reporting live from Nottingham about the fatal stabbings carried out by Valdo Calocane.

Following an investigation, Ofcom ruled in March 2024 that both segments had breached the UK’s broadcasting code. The regulator argued that:

News must be reported with due accuracy and presented with due impartiality.

Politicians should not act as newsreaders, interviewers, or reporters in news programmes unless there is an exceptional editorial justification.

Given Rees-Mogg’s position as an MP at the time, Ofcom concluded that GB News had violated these principles. In response, the broadcaster launched a legal challenge, arguing that Ofcom had misinterpreted the rules.

The Legal Challenge and High Court Ruling

GB News’ legal team presented their case to the High Court in January, claiming that Jacob Rees-Mogg’s State of the Nation was not a news programme but a current affairs show. They argued that the regulations regarding politicians acting as newsreaders should not apply in this context.

Ofcom countered that a newsreader is defined as anyone reading content that is news and that the broadcasting code applies to news in any form, regardless of the programme’s format.

However, in her ruling on Friday, Mrs Justice Collins Rice determined that Ofcom’s decision was based on a legal error. She stated that the regulator had wrongly conflated a news programme with a current affairs programme.

A programme cannot be a news programme and a current affairs programme at the same time, she wrote in her 29-page judgment.

She explained that the UK’s statutory framework treats news and current affairs differently, meaning that Ofcom’s reasoning—blending the two categories to justify its ruling—was not valid under current law. As a result, the judge quashed the regulator’s findings and instructed Ofcom to reconsider the case.

What Happens Next?

While the High Court overturned Ofcom’s ruling, the regulator still has the option to re-investigate the two GB News broadcasts under different grounds. Mrs Justice Collins Rice emphasized that it remains open to Ofcom, in law, to pursue investigations into either or both broadcasts as a potential breach.

Following the court’s decision, an Ofcom spokesperson acknowledged the ruling and confirmed that the regulator would now review its approach.

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.

Jacob Rees-Mogg’s Career and GB News Role

Sir Jacob Rees-Mogg, a former Conservative MP and government minister, lost his North East Somerset seat in the July general election to a Labour candidate. He had held several high-profile roles in government, including Business Secretary, Brexit Minister, and Leader of the House of Commons.

Since leaving Parliament, Rees-Mogg has continued his work as a broadcaster, maintaining his presence on GB News, a channel known for its right-leaning editorial stance and its commitment to offering an alternative to mainstream media coverage.

Implications for Broadcasters and Politicians

The High Court’s decision could have far-reaching consequences for UK broadcasting regulations. The ruling clarifies that politicians can present current affairs shows without necessarily violating impartiality rules, provided their content does not cross into news reporting. However, Ofcom’s announcement that it will review and potentially revise the broadcasting code suggests that stricter regulations may be introduced to prevent politicians from presenting news in any type of programme.

For GB News, the victory reinforces its stance that it has been unfairly targeted by the regulator. The channel has consistently positioned itself as a defender of free speech, often pushing back against what it describes as overreach by media regulators.

With Ofcom set to reassess its broadcasting code, this case could be a pivotal moment in shaping the future relationship between politicians and the media. Whether new rules will further limit the ability of politicians to present current affairs programs remains to be seen, but for now, GB News and Jacob Rees-Mogg have secured a legal victory in the battle over impartiality rules.

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