Ofcom is to consult on changes to its Broadcasting Code around the use of politicians as news presenters or reporters after a High Court judgment said the regulator had acted unlawfully in its decisions on two editions of Jacob Rees-Mogg’s State of the Nation on GB News.In March 2024, Ofcom found the programmes breached Rules 5.3 and 5.1 of the Broadcasting Code because a politician read the news, and the news was therefore not presented with due impartiality.On Friday, the High Court quashed the decisions and ordered Ofcom to reconsider its decisions. It said the rules separated news programmes from current affairs. Because State Of The Nation was predominantly a current affairs show, rule 5.3 did not apply.In a statement GB News CEO Angelos Frangopoulos said: “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 now says it will review and consult on proposed changes to Rule 5.3 of the Broadcasting Code to restrict politicians from presenting news in any type of programme to ensure this is clear for all broadcasters.“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.”In the meantime, it issued this advice to broadcasters: “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.”
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