Star China Media Ltd, R (On the Application Of) v Office of Communications [2023] EWCA Civ 843 (14 July 2023)

Star China Media Ltd, R (On the Application Of) v Office of Communications [2023] EWCA Civ 843 (14 July 2023)

Ofcom's decision to impose a £125,000 penalty was justified and proportionate to the legitimate aim of ensuring due impartiality in news broadcasting. The penalty was necessary to deter other broadcasters, not just Star China, and the revocation of Star China's licence did not require a reduction in the penalty. The decision fell within Ofcom's margin of appreciation as regulator and did not infringe Article 10 ECHR.

Citation
[2023] EWCA Civ 843
Parties
Claimant/appellant: Star China Media Limited; Defendant/respondent: The Office of Communications (Ofcom)
Jurisdiction
England and Wales
Judgment Date
14 July 2023
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Broadcasting Regulation, Freedom of Expression, Proportionality, Due Impartiality, Sanctions and Penalties, Article 10 ECHR
Administrative Law Media Law Human Rights Broadcasting Regulation Freedom of Expression Proportionality Due Impartiality Sanctions and Penalties +1 more

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Parties

Star China Media Limited

Claimant/appellant

The Office of Communications (Ofcom)

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ofcom's imposition of a £125,000 penalty on Star China for breaches of due impartiality was lawful and proportionate under Article 10 ECHR, particularly after revocation of Star China's broadcasting licence.

Ratio Decidendi

Ofcom's decision to impose a £125,000 penalty was justified and proportionate to the legitimate aim of ensuring due impartiality in news broadcasting. The penalty was necessary to deter other broadcasters, not just Star China, and the revocation of Star China's licence did not require a reduction in the penalty. The decision fell within Ofcom's margin of appreciation as regulator and did not infringe Article 10 ECHR.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.