In a time when culture wars are being used by the right wing of politics to drive back decency, honesty and facts and replace them with uniformed opinions and bigotry, it should probably come as no surprise that those in power enable this. Division is a ruling strategy dating back to the beginning of hierarchy and famously purported by Niccolo Machiavelli in his book The Prince. Machiavelli identified the traits required to become powerful and stay there. Sneaky, cunning, and lacking a moral code are essential, he stated, with the ends always justifying the means. This is without doubt the characteristics of the billionaire class and their political lackies. It is also the characteristics of a certain Quango, namely OFCOM.
OFCOM enabled GB News by approving their broadcasting license. If they had done due diligence, they would have known that GB News had absolutely no intention of providing balanced news. According to the Press Gazette, the deputy political editor of GB News, Tom Harwood, also writes for CapX, an opinion aggregator site run by the Centre of Policy Studies, a conservative think tank. He, of course, denies that he was conflicted and offers only belligerence as a defense. “I have in the past written for CapX, just as I have written for other publications such as the Telegraph and the Mail. That’s why it’s on my register of interests,” he confirmed. “I’m surprised that you think a journalist getting paid by a newspaper, magazine, or news website for their journalism is worthy of comment. It seems entirely bog standard to me.”
The surprise is that OFCOM gave a license to a ‘news’ broadcaster with a deputy political editor whose journalistic history is only with right wing outlets. Where is the balance Tom?
At this juncture, we must look closely at the OFCOM broadcasting code and evaluate whether GB News (and any other broadcaster) are meeting their licensing obligations.
The Ofcom Broadcasting Code is a set of regulations and guidelines that govern broadcasting in the United Kingdom. It covers various aspects of broadcasting, including content, fairness, and audience protection. Here is a brief summary of key principles and rules from the Ofcom Broadcasting Code:
- Content Standards:
- Broadcasters must ensure that their content complies with standards of taste, decency, and audience expectations.
- Protection of minors: Programs must be appropriately scheduled to protect children from harmful content.
- Offensive material: Broadcasters should avoid offensive language and harmful content.
- Harm and Offense:
- Programmes should not include material that can cause harm, distress, or offense to the audience.
- Particular care should be taken with regards to potentially offensive content before the watershed (9:00 PM) and in children’s programming.
- Fairness and Privacy:
- Broadcasters should ensure fairness in dealing with individuals and organisations.
- Privacy: Consent must be obtained for the use of personal information, and privacy should be respected.
- Elections and Referendums:
- Fair coverage of political parties and impartial reporting during elections and referendums.
- Accuracy and Impartiality:
- Broadcasters must provide accurate and impartial news and current affairs content.
- Impartiality in matters of political or industrial controversy.
- Sponsorship and Product Placement:
- Clear identification of sponsorship and product placement in programmes.
- No surreptitious advertising.
- Commercial References:
- Transparency in advertising and sponsorship ensures the audience can distinguish between editorial and advertising content.
- Protection of Vulnerable Audiences:
- Special care to protect audiences with disabilities or specific vulnerabilities.
- Guidance on providing access services for those with hearing or visual impairments.
- Reporting of Crime:
- Sensitivity and caution in reporting crime are necessary to avoid causing undue distress or promoting criminal activity.
- Localness:
- Local content requirements for radio stations to reflect the needs and interests of their local communities.
- Religion:
- Respectful treatment of religious beliefs and programmes.
- Informed Decision Making:
- Provision of adequate information to assist viewers in making informed decisions, such as in competitions and voting.
The Ofcom Broadcasting Code sets the standards for broadcasters to ensure that their content is responsible, fair, and respectful of the diverse needs and sensibilities of the UK audience. Violations of the code can lead to regulatory actions and sanctions by Ofcom.
Let us assess GB News’ adherence to this broadcasting code.
As of November 8th 2023 there are currently 12 Ofcom investigations into GB News.
Here are the details for some of these investigations.
- The first investigation concerns an episode of Friday Morning with Esther and Phil, which aired on 12 May 2023. During the programme, there was discussion about a range of issues including relating to a teenager who was being sentenced for terrorism offences.
- Specifically, the OFCOM investigation will determine whether the programme broke Rule 5.3 of the Broadcasting Code. This prevents politicians from acting as a newsreader, interviewer or reporter in any news programmes unless, exceptionally, it is editorially justified.
- OFCOM are investigating two other programmes under the ‘politicians as presenters’ rule – Jacob Rees-Mogg’s State of the Nation, 13 June 2023, which covered a stabbing incident in Nottingham, and Saturday Morning with Esther and Phil, 13 May 2023, featuring an interview with Howard Cox – the Reform UK Party’s candidate for the London Mayoral Election – speaking live from an anti-Ultra Low Emission Zone demonstration. We are also assessing the latter programme’s compliance with Rule 5.1 of the Broadcasting Code which requires that news, in whatever form, must be presented with due impartiality.
- OFCOM is investigating an episode of Laurence Fox which aired on 16 June 2023,which was guest presented by Martin Daubney in Laurence Fox’s absence. It included a discussion about immigration and asylum policy, particularly in relation to the issue of small boats crossing the English Channel, and featured an interview with the leader of the political party Reform UK, Richard Tice.
- Specifically, OFCOM are investigating this programme under Rules 5.11 and 5.12 of the Broadcasting Code which require that due impartiality is preserved on matters of major political or industrial controversy, or those relating to current public policy, and that an appropriately wide range of significant views are included and given due weight.
- OFCOM states that they will work to conclude our investigations as swiftly as possible in accordance with our formal published procedures (PDF, 230.2 KB).
2. An Ofcom investigation has today found the Mark Steyn programme, which first aired on GB News on 4 October 2022, in breach of our broadcasting rules.
The programme included an interview between presenter, Mark Steyn, and a guest, Dr Naomi Wolf. During the interview, Naomi Wolf made serious claims about the Covid-19 vaccine, including that its rollout amounted to a pre-meditated crime – “mass murder” – and was comparable to the actions of “doctors in pre-Nazi Germany”. Ofcom received 422 complaints that alleged these comments were “dangerous” and included “misinformation” that went “unopposed”.
It is important to stress that in line with the right to freedom of expression – broadcasters are free to transmit programmes that include controversial and challenging views, including about Covid-19 vaccines or conspiracy theories. However, alongside this editorial freedom, the Broadcasting Code imposes a clear requirement that if such content has the potential to be harmful, the broadcaster must ensure that its audience is adequately protected.
Our investigation concluded that GB News fell short of this requirement by allowing Naomi Wolf to promote a serious conspiracy theory without challenge or context – for example through other contributions in the programme or by the presenter, who appeared to support many of her comments. There was also no scrutiny of the evidence she claimed to hold to support her claims.
We also took into account that the programme presented Naomi Wolf as a figure of authority, with particular knowledge and expertise in the safety of the Covid-19 vaccines. We consider this would have lent credibility to her unchallenged claims. Of particular concern was her significant and alarming claim that “mass murder” was taking place through the rollout of the Covid-19 vaccinations, which she repeated three times.
We found that the comments made by Naomi Wolf had the potential to impact viewers’ decisions about their health and were therefore potentially harmful. Given that GB News did not take adequate steps to protect viewers from this potentially harmful content, we have found the channel in breach of Rule 2.1 of the Broadcasting Code.
This is the second significant breach of the Code recorded against GB News . In light of this, we are requesting that GB News attends a meeting with Ofcom to discuss its approach to compliance.
You can read our decision in full (PDF, 409.1 KB).
Naomi Wolf also appeared on the Mark Steyn programme the following day, and made further claims about Covid-19 vaccines. Her comments were put into context by other views expressed during the programme, and a banner broadcast throughout the segment informed viewers that Naomi Wolf had “faced widespread criticism for Covid research”. Taking this into account, we will not be pursuing these complaints further.
Covid, compliance and freedom of expression
Since March 2020, Ofcom has received over 26,000 complaints about TV and radio coverage relating to the Covid-19 pandemic. Reflecting the weight we place on the right to freedom of expression, the vast majority of these complaints did not raise issues under our rules.
We have opened 11 formal investigations where the content raised serious concerns. Of these cases, we have found nine programmes in breach of our rules, one was found not in breach, while one investigation remains ongoing. Find out more about our broadcast standards work in the Covid-19 pandemic.
Complaints received about GB News to date total 4,560, representing 1.6% of all broadcast complaints made to us during this period. Of these 1,714 related to the Covid-19 pandemic.
After careful assessment, the vast majority of complaints made against GB News have not been pursued.
We have launched four investigations into the channel, and this is the second breach of our broadcasting rules recorded against GB News since it launched in June 2021.
An earlier episode of the Mark Steyn programme broke our rules by presenting a materially misleading interpretation of official data without sufficient challenge or context, risking harm to viewers. Our investigation into Talking Pints with Nigel Farage (23 August 2021) – relating to offensive language – concluded that the programme was not in breach of our rules. We are currently investigating whether Saturday Morning with Esther and Philip broadcast on 11 March 2023 broke our rules requiring news and current affairs to be presented with due impartiality.
3. An Ofcom investigation has today concluded that an episode of Saturday Morning with Esther and Phil, which aired on GB News on 11 March 2023, breached due impartiality rules.
Saturday Morning with Esther and Phil is a weekly two-hour discussion programme presented by Esther McVey and Philip Davies, two sitting Conservative Party MPs.
This particular programme featured a pre-recorded interview between the two presenters and the Chancellor of the Exchequer, Jeremy Hunt MP. The interview focused on the Government’s approach to economic and fiscal policies ahead of the Spring Budget, which was announced four days later.
We received 45 complaints from viewers who raised concerns that the programme had failed to preserve due impartiality.
Due impartiality rules and freedom of expression
Ofcom recognises that, in line with the right to freedom of expression, broadcasters are free to decide the editorial approach of their programmes. This includes offering their audiences innovative forms of debate. We also consider it essential for current affairs programmes to be able to discuss and analyse controversial matters and take a position on those issues. But in doing so, broadcasters must observe the rules set out in the Broadcasting Code.
The Code is clear that when programmes are dealing with matters of major political controversy and current public policy, the heightened special impartiality requirements apply. Specifically, Rules 5.11 and 5.12 require that an appropriately wide range of significant views must be included and given due weight in such programmes, or in clearly linked and timely programmes.
Ofcom’s investigation
The programme’s interview with the Chancellor and the panel discussions which followed concerned the Government’s approach to a range of policy matters connected with the Spring Budget – a significant political event of national importance. The subjects discussed included personal and corporate tax, Government borrowing; the role of economic forecasting in budget setting; the cost-of-living crisis; and HS2. GB News accepted that the programme dealt with a matter of major political controversy and current public policy and that the special impartiality rules applied.
Our investigation found, however, that in discussing these matters, the programme was overwhelmingly reflective of the viewpoints of different strands of opinion within the Conservative Party.
There were only very limited references to wider perspectives on UK economic and fiscal policy in the context of the forthcoming budget. For example, no real attention was given anywhere in the programme to the viewpoints of politicians, political parties, organisations or individuals that either, for example, criticised, opposed or put forward policy alternatives to the viewpoints given by the three Conservative politicians.
In addition, there were no clear, editorial linkages made in this programme to any other content which might have contained these views.
Our decision
Given this programme featured two sitting MP presenters from one political party interviewing the Chancellor of the same political party about a matter of major political controversy and current public policy, we consider, in these circumstances, that GB News should have taken additional steps to ensure that due impartiality was preserved.
Our investigation therefore concluded (PDF, 565.8 KB) that GB News failed to represent and give due weight to an appropriately wide range of significant views on a matter of major political controversy and current public policy within this programme, in breach of Rules 5.11 and 5.12.
Having carefully considered the programme’s content and format, our investigation determined that there were three clearly separate and standalone news bulletins presented by a news anchor. The content presented on this day by Ms McVey and Mr Davies constituted current affairs. We therefore considered that Rule 5.3 of the Code, which relates to politicians presenting news programmes, was not engaged in this particular case.
Compliance with broadcasting rules
This is the third breach of our broadcasting rules recorded against GB News since it launched in June 2021.
OFCOM have six further investigations open into the channel’s compliance with our due impartiality rules.
When a member of the public requested in 2021 why GB News had been granted a license, this was the response:
‘Subject: Freedom of Information Request – Licensing of GB News and News UK TV
Dear X
I acknowledge the receipt of your Freedom of Information (FOI) request, which was submitted on January 25, 2021, seeking information regarding the licensing of GB News and News UK TV. Your request has been evaluated in accordance with the Freedom of Information Act 2000 (“the Act”).
Background to Your Request: On January 25, 2021, you reached out to Ofcom, making the following information requests:
- The grant date of the licenses for both GB News and News UK TV.
- Provision of copies of the licenses for GB News and News UK TV.
- An explanation of Ofcom’s assessment of the ‘fit and proper’ test conducted before granting a broadcasting license for each channel.
- Details of inquiries made by Ofcom and guarantees sought from the license holders regarding their adherence to standards of due impartiality and accuracy.
On January 29, 2021, prior to addressing the rest of your information requests, Ofcom provided you with the grant dates of the licenses for GB News and News UK TV and shared some general information about the licensing process.
Our Response:
- The Grant Date of the Licenses: In line with our communication dated January 29, 2021, we confirm the following grant dates for the licenses of GB News and News UK TV:
- GB News: Licenses TLCS103139 and DTPS103140 were granted to All Perspectives Ltd on January 13, 2020.
- News UK TV: License TLCS103693 was granted to News UK & Ireland Ltd on November 17, 2020. Additional details about both services can be found on our website through the provided hyperlinks.
- Supply of Licenses: Enclosed, you will find copies of the requested licenses for GB News and News UK TV. These licenses adhere to the standard form TLCS license (available on our website) and the standard form DTPS license (also available on our website).
- Assessment of the ‘Fit and Proper’ Test: Ofcom follows standard procedures when assessing applications for Television Licensable Content Services (TLCS) and Digital Television Programme Service (DTPS) licenses. We are required to ensure that applicants meet statutory requirements, including being a ‘fit and proper’ person to hold a license. Our assessment considers various factors, including criminal convictions, bankruptcy status, disqualification of directors, professional body removal, and prior broadcasting compliance history.
Regarding GB News and News UK TV, we applied these standard procedures to evaluate whether the general conditions for being considered ‘fit and proper’ were met. We can confirm that Ofcom was satisfied that the applicants were ‘fit and proper’ persons when granting the licenses. However, specific details of our assessment are exempt from disclosure under section 44 of the Act.
- Inquiries and Guarantees: We interpreted your query as seeking information about inquiries made by Ofcom during the license granting process. Ofcom followed its established procedures for considering license applications, which required applicants to provide details of their compliance arrangements to ensure adherence to regulatory codes and rules. Additionally, all TLCS and DTPS licenses mandate compliance with the Ofcom Broadcasting Code, including the rules on due impartiality and accuracy. In case of non-compliance, Ofcom can take enforcement action against the licensee.
While the license applicants met the criteria for granting TLCS and DTPS licenses based on the information they provided, we are unable to disclose specific details regarding our assessment due to the exemptions under section 44 of the Act.
If you have further inquiries, please contact us at [email protected], referencing the provided reference number in your future communications.
Yours sincerely,
Roshni Narayanan
Information Rights Advisor [email protected]
February 18, 2021′
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