GB News launches legal challenge against Ofcom

Ofcom has previously warned GB News over impartiality because of its use of politicians as presenters - Paul Grover for the Telegraph

GB News has launched a legal challenge against Ofcom as it accused the regulator of “trampling” on freedom of speech.

The start-up broadcaster said it is challenging decisions by the watchdog that “go against journalists’ and broadcasters’ rights to make their own editorial judgements in line with the law and which also go against Ofcom’s own rules”.

It comes after Ofcom threatened to fine GB News for breaching impartiality rules in a programme featuring Prime Minister Rishi Sunak.

GB News said: “Ofcom is obliged by law to uphold freedom of expression. Ofcom is also obliged to apply its rules fairly and lawfully.

“We believe that, for some time now, Ofcom has been operating in the exact opposite manner. We cannot allow freedom of expression and media freedom to be trampled on in this way.”

The regulator launched an investigation into GB News’ Question Time-style show, which featured Mr Sunak in February, after receiving almost 550 complaints from viewers.

It found that the channel’s approach to impartiality was “wholly insufficient” and said it was considering a statutory sanction following “serious and repeated breach” of broadcasting rules.

The regulator had previously put GB News on notice after concluding that five programmes hosted by MPs including Sir Jacob Rees-Mogg were in breach of rules governing the use of politicians as presenters.

GB News, which launched in 2021, has come under fierce scrutiny from politicians and rival broadcasters amid accusations it is riding roughshod over impartiality rules.

Ofcom has carried out more than 20 investigations into the channel since its inception on issues ranging from spreading harmful Covid conspiracy theories to its use of sitting MPs as newsreaders.

But regulators’ failure to hand down a fine has led to criticisms that the opinionated broadcaster has been given a free ride.

Speaking in front of MPs on Thursday, Culture Secretary Lucy Frazer dismissed claims Ofcom had been “tolerant” towards GB News. She said: “I think that Ofcom is doing its job in terms of making sure that the broadcasting code is complied with.

GB News has said it chose to be regulated by Ofcom and takes its obligations under broadcasting rules very seriously.

However, the channel has been ramping up its rhetoric against the watchdog in recent weeks.

Bosses this week branded the latest decision a “terrifying” attack on democracy, while Sir Jacob Rees-Mogg called for the regulator’s “antiquated and nonsensical regulations” to be scrapped.

Andrew Neil, who resigned from GB News just three months after helping to launch the channel, has been a vocal critic of the broadcaster’s output.

However, he told Radio 4’s Today programme this week that Ofcom had “chosen the wrong ditch to die in” by threatening fines against GB News over the Rishi Sunak programme.

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