GB News has taken legal action against Ofcom, seeking to prevent the regulator from imposing sanctions over a controversial interview with then Prime Minister Rishi Sunak. The broadcaster argues that Ofcom acted unlawfully in declaring a breach of its programming code.
In May, GB News hosted a question and answer session with Sunak, which Ofcom deemed a serious and repeated breach of its rules. The live, hour-long current affairs programme featured Sunak answering questions from a studio audience about the Government’s policies and performance.
Ofcom received 547 complaints about the programme. Lawyers for GB News argue that the regulator failed to give the broadcaster a fair opportunity to comply with its rules.
"It is well arguable that there is nothing that suggests Ofcom had any due regard to the impact of commencing an investigation or fully appreciated that it was possible at all for GB News to comply with [the rules]," said Tom Hickman KC, representing GB News.
Hickman also mentioned that GB News planned to broadcast a separate programme featuring Labour leader Sir Keir Starmer, but this never materialized. Ofcom considered various factors in its decision, including the audience's questions, Sunak's responses, the presenter's contribution, and whether due impartiality was preserved through linked and timely programmes.
Potential sanctions against GB News could include a forced apology or the temporary suspension of its licence.