OFCOM has imposed a £100,000 fine on GB News for “breaking due impartiality rules” following an interview with the former prime minister Rishi Sunak earlier this year.
Ofcom began an investigation into GB News three days after the airing of a programme titled People’s Forum: The Prime Minister on February 12, which saw Sunak answer questions from a studio audience and a presenter.
The communications regulator has directed GB News to broadcast a statement of their findings in this case, on a date and in a form to be determined by Ofcom.
The channel is challenging the breach decision by judicial review, and Ofcom said it will not enforce the sanction decision until those proceedings are concluded.
In a statement, the regulator said: “We concluded that the then prime minister, Rishi 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. 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.”
GB News chief executive Angelos Frangopoulos said Ofcom’s decision to impose a £100,000 fine on the media company is “a direct attack on free speech and journalism in the United Kingdom”.
“We believe these sanctions are unnecessary, unfair and unlawful,” he said in a statement.
“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.
“At the people’s channel we will continue to fearlessly champion freedom; for our viewers, for our listeners and for everyone in the United Kingdom. As we have all seen, this is needed more than ever.”
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 February, the regulator said that it received 547 complaints about the hour-long programme and that it found that the programme had not “challenged (Sunak) or otherwise referred to significant alternative views”, and that GB News should have “taken additional steps” to ensure impartiality.
Anya Proops KC, for Ofcom, said in written submissions during the case that the breach was the channel’s 12th since March last year and that it was “not arguable” that it had “erred in law” through its decision.
She continued that the bid to stop Ofcom from publishing the sanction was based on an “inevitably speculative presumption” of what the sanction would be, and that claims the channel would suffer reputational harm “do not withstand scrutiny”.
