Autonomous Non-Profit Organisation TV-Novosti, R (On the Application Of) v The Office of Communications [2021] EWCA Civ 1534 (26 October 2021)

Autonomous Non-Profit Organisation TV-Novosti, R (On the Application Of) v The Office of Communications [2021] EWCA Civ 1534 (26 October 2021)

The Court held that Ofcom was not precluded from considering adjacent programming as relevant context for due impartiality, but was not required to consider unlinked, non-adjacent content. The enforcement action and penalty imposed by Ofcom did not infringe RT's Article 10 rights, as the statutory regime and Code requirements were justified, proportionate, and necessary to protect the rights of others and democratic discourse. The appeal was dismissed.

Citation
[2021] EWCA Civ 1534
Parties
Claimant/appellant: Autonomous Non-Profit Organisation TV-Novosti; Defendant/respondent: The Office of Communications (Ofcom)
Jurisdiction
England and Wales
Judgment Date
26 October 2021
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal dismissed
Legal Topics
Broadcasting Regulation, Due Impartiality, Freedom of Expression, Article 10 ECHR, Proportionality, Communications Act 2003, Ofcom Broadcasting Code
Administrative Law Media Law Human Rights Broadcasting Regulation Due Impartiality Freedom of Expression Article 10 ECHR Proportionality +2 more

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Parties

Autonomous Non-Profit Organisation TV-Novosti

Claimant/appellant

The Office of Communications (Ofcom)

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether Ofcom was precluded by the Communications Act 2003 from considering other programmes broadcast by RT, not explicitly linked, when assessing due impartiality
  2. 2 Whether Ofcom's breach decisions and penalty infringed RT's rights under Article 10 ECHR

Ratio Decidendi

The Court held that Ofcom was not precluded from considering adjacent programming as relevant context for due impartiality, but was not required to consider unlinked, non-adjacent content. The enforcement action and penalty imposed by Ofcom did not infringe RT's Article 10 rights, as the statutory regime and Code requirements were justified, proportionate, and necessary to protect the rights of others and democratic discourse. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the Divisional Court's judgment is upheld.
  • No change to Ofcom's breach decisions or penalty.