Broadcast regulator Ofcom has imposed a £100,000 fine on GB News for “breaking due impartiality rules” following a question and answer-style debate with former Prime Minister Rishi Sunak earlier this year.
The media watchdog began an investigation into the channel three days after the airing of a programme on Feb. 12 entitled “People’s Forum: The Prime Minister,” which saw Sunak facing questions from a studio audience and presenter Stephen Dixon.
The segment was a solo spot, meaning no political parties other than the Conservatives were represented.
The live studio audience was said to consist of “floating voters”—people who had either not decided who they would vote for at the anticipated general election, or who said they were open to having their minds changed.
Sunak was grilled on a variety of issues including the NHS, the economy, and immigration, and faced difficult questions from Scotsman John Watt, who was left severely damaged after taking the COVID-19 vaccine.
‘Mostly Uncontested Platform’
GB News Chief Executive Angelos Frangopoulos said the channel is challenging the “unnecessary, unfair and unlawful” ruling in the courts.
In a statement, Ofcom said that Sunak “had a mostly uncontested platform to promote the policies and performance of his Government in a period preceding a UK general election, in breach of Rules 5.11 and 5.12 of the Broadcasting Code.”
“Given the seriousness and repeated nature of this breach, Ofcom has imposed a financial penalty of £100,000 on GB News Limited,” the watchdog added.
“We have also directed GB News to broadcast a statement of our findings against it, on a date and in a form determined by us.
“GB News is challenging our original breach decision in this case by judicial review, which we are defending. Ofcom will not enforce this sanction decision until those proceedings are concluded.”
‘Irreparable Damage’
The channel previously lost a High Court challenge to temporarily block Ofcom from sanctioning it, with GB News lawyers arguing that it would cause “irreparable damage” to its reputation.In October, Mr. Justice Chamberlain said the “likely impact” on the channel had been “overstated,” but gave it the go-ahead to challenge the finding that it had breached Ofcom’s rules in the High Court.
Earlier this year, the channel was put “on notice” that more breaches of due impartiality rules “may result in the imposition of a statutory sanction“ following then-sitting MPs and a Conservative minister being found to have broken rules on politicians “acting as newsreaders.”
He said: “The High Court has already granted GB News permission to bring a judicial review to challenge Ofcom’s decision that the programme was in breach of due impartiality requirements.
“The sanction proposed by Ofcom is therefore still subject to that legal challenge.
“The plan to sanction GB News flies in the face of Ofcom’s duty to act fairly, lawfully and proportionately to safeguard free speech, particularly political speech and on matters of public interest.”
The statement defended the concept of “The People’s Forum” as “an important piece of public interest programming,” adding that appropriate steps were taken by the producers to ensure due impartiality and compliance with the Broadcasting Code.
‘Freedom of Expression’
He added that the channel decided to be “regulated and we understand our obligations under” the Broadcasting Code, and believes that in return, Ofcom is “obliged by law to uphold freedom of expression and apply its rules fairly and lawfully.”In its original ruling, Ofcom said the episode with Sunak was “presented in the context of the forthcoming UK general election,“ which had not yet been announced but was set to take place within months, and did not have an “appropriately wide range of significant viewpoints.”
It said there was “no issue with this programme’s editorial format in principle” and that GB News should have taken “additional steps to mitigate” risks because of the “very high compliance” needed.
In March, Ofcom said GB News violated due impartiality rules after some programmes featured then-Conservative MPs Sir Jacob Rees-Mogg and Sir Philip Davies along with then-Conservative minister Esther McVey.
Married couple McVey, who retained her seat during the election, and former backbencher Davies, are no longer part of the GB News line-up.
Ofcom has one open investigation against the broadcaster following a probe into a programme fronted by Nigel Farage, who became a Reform UK MP this year.
No Action Against ITV
More than 8,000 people complained to Ofcom in August after Ed Balls, a former Labour minister turned presenter, interviewed his wife, Yvette Cooper, the home secretary, on ITV’s “Good Morning Britain.”After investigating the complaints, Ofcom took no further action because it said the interview was only partly conducted by Balls, alongside Kate Garraway, and that Cooper was sufficiently challenged and a range of viewpoints were presented.
GB News’s founding Chairman Andrew Neil, who quickly departed the channel after its launch in June 2021, has called for the regulator to “grow a backbone and quick” over the issue of politicians hosting TV programmes.
Foreign Secretary David Lammy hosted a show on LBC radio while in the shadow Cabinet, which attracted a number of complaints. Lammy stood down from this role ahead of the announcement of the general election, but an Ofcom investigation into an episode he presented in April is ongoing.
The government and Parliament set the regulatory framework for Ofcom, which is a public body. Its activities are subject to scrutiny and review by parliamentary committees, while it is funded largely by the organisations it regulates.
