A High Court judge has ruled that Ofcom must reassess its decision that GB News breached the broadcasting code with comments made during Jacob Rees-Mogg’s State of the Nation. 

The judgment, delivered on Friday, found that the regulator had made legal errors in its interpretation of the broadcasting rules.

Legal Challenge Against Ofcom

GB News took legal action against Ofcom after the regulator ruled that the channel had violated impartiality guidelines. 

Ofcom’s decision stemmed from complaints received in June 2023 regarding State of the Nation, which is hosted by Conservative MP Sir Jacob Rees-Mogg.

Following its investigation, Ofcom determined in March that five GB News programmes, including Rees-Mogg’s, had broken due impartiality regulations. 

The broadcasting code prohibits politicians from acting as newsreaders, ensuring impartiality in news coverage. Later, in October, the regulator imposed a £10,000 fine on GB News after concluding that the channel had breached impartiality rules during an interview with former Prime Minister Rishi Sunak.

GB News contested these findings in court, arguing that Ofcom had misinterpreted its own regulations. The channel claimed that the regulator had incorrectly classified Rees-Mogg’s programme as news, rather than a current affairs show, which has different rules regarding impartiality.

High Court Ruling in Favor of GB News

In a 29-page ruling, Mrs Justice Collins Rice determined that Ofcom’s decision was legally flawed, stating that the regulator had “conflated a news programme and a current affairs programme.” She further ruled that the findings were “vitiated by error of law.”

As a result, the judge overturned Ofcom’s decisions and ordered the regulator to reconsider the matter. While the judgment does not prevent Ofcom from investigating the broadcasts again, it means that the previous rulings against GB News are no longer valid.

The court also ordered Ofcom to cover GB News’ legal costs incurred during the case.

GB News CEO Declares Victory

GB News CEO Angelos Frangopoulos hailed the ruling as a significant win for free speech and British broadcasting.

“This landmark decision by the High Court vindicates GB News’ position as the fearless defender of free speech in the United Kingdom,” Frangopoulos said in a statement.

He described the court victory as “hugely significant” for the media industry and took aim at Ofcom for its handling of the case.

“Ofcom has been found to have acted unlawfully so much so that it even breached Human Rights law,” he added. “I call on the Government and Parliament to consider the seriousness of this fundamental failure by Ofcom.”

Frangopoulos also emphasized GB News’ growing popularity, crediting the channel’s success to its commitment to representing voices across the nation.

“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,” he said.

Ofcom Responds to Court Ruling

Following the High Court’s decision, Ofcom acknowledged the judgment and confirmed that it would review its approach to regulating politicians as presenters.

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 UK Broadcasting

The ruling marks a major moment in the ongoing debate over impartiality and free speech in British media. GB News has positioned itself as a challenger to mainstream broadcasters, often criticizing Ofcom and other regulatory bodies for what it sees as excessive restrictions on speech and opinion.

The outcome of Ofcom’s reconsideration could have far-reaching consequences for news and current affairs broadcasting in the UK. If the regulator chooses to tighten its rules on politicians hosting programmes, it may impact not only GB News but also other networks that feature political figures as presenters.

For now, the ruling represents a significant legal and public relations victory for GB News, reinforcing its stance against regulatory interference while reigniting discussions about the role of impartiality in modern broadcasting.

Follow us to see more useful information, as well as to give us more motivation to update more useful information for you.