Following a High Court judgment, Ofcom is to consult on amending its Broadcasting Code regarding the use of politicians as news presenters or reporters. The court found Ofcom acted unlawfully in its rulings on two episodes of GB News's "State of the Nation," presented by Jacob Rees-Mogg.
In March 2024, Ofcom determined these broadcasts violated Rules 5.3 and 5.1 of the Broadcasting Code due to a politician presenting the news, thereby failing to ensure due impartiality. The High Court overturned these decisions, highlighting that the rules differentiate between news and current affairs programmes. Since "State of the Nation" is primarily a current affairs show, Rule 5.3 didn't apply.
GB News CEO Angelos Frangopoulos stated: “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. “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 focussed on serving all of the nation’s communities and delivering on its mission to be The People’s Channel.”
Ofcom will now review and consult on proposed changes to Rule 5.3 to explicitly restrict politicians from presenting news in any programme type. "We will carefully assess relevant cases involving this rule in line with the guidance provided by the Court and will determine whether any further regulatory action is warranted," they stated. Interim advice to broadcasters is: “If a politician acts as a newsreader, interviewer or reporter in any other type of programme, including current affairs programmes, broadcasters should carefully consider the compliance of that content with Rule 5.1 of the Code, which requires that news, in whatever form, must be reported with due accuracy and presented with due impartiality.”