The High Court has today handed down judgment dismissing a claim for judicial review in this challenge to Ofcom’s decision not to investigate alleged breaches by the BBC of the Broadcasting Code.
The Claimant alleged that the BBC had exhibited a systemic lack of due impartiality in its coverage of the EU and Brexit-related issues over more than 20 years. Ofcom held that the complaint (1) fell outside its standards enforcement jurisdiction under the Broadcasting Code, and (2) in any event did not raise potentially substantive issues warranting further investigation. The Claimant challenged the first conclusion as wrong in law and the second as unreasonable and/or irrational. Mr Justice Fordham dismissed both grounds of challenge and found in favour of Ofcom.
Jessica Boyd KC and Natasha Simonsen acted for Ofcom. Jason Pobjoy acted for the BBC as Interested Party.