David Babbs v The Information Commissioner & Anor

David Babbs v The Information Commissioner & Anor

Section 393 of the Communications Act 2003 applies to all information obtained by Ofcom in the exercise of its statutory powers, whether provided voluntarily or compulsorily. Section 44(1) and 44(2) of the Freedom of Information Act 2000 are engaged, prohibiting disclosure and the duty to confirm or deny. Ofcom was correct to withhold the information and refuse to confirm or deny its existence.

Parties
Appellant: David Babbs; First Respondent: The Information Commissioner; Second Respondent: Office of Communications (Ofcom); Interested Party: Movement for the Open Web
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Statutory Interpretation, Online Safety, Regulatory Disclosure
Administrative Law Information Law Freedom of Information Statutory Interpretation Online Safety Regulatory Disclosure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

David Babbs

Appellant

The Information Commissioner

First Respondent

Office of Communications (Ofcom)

Second Respondent

Movement for the Open Web

Interested Party

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether section 393 of the Communications Act 2003 applies to information provided voluntarily to Ofcom as well as compulsorily obtained information
  2. 2 Whether section 44(1) and 44(2) of the Freedom of Information Act 2000 are engaged in respect of the requested information
  3. 3 Whether Ofcom was correct to withhold information and refuse to confirm or deny its existence

Ratio Decidendi

Section 393 of the Communications Act 2003 applies to all information obtained by Ofcom in the exercise of its statutory powers, whether provided voluntarily or compulsorily. Section 44(1) and 44(2) of the Freedom of Information Act 2000 are engaged, prohibiting disclosure and the duty to confirm or deny. Ofcom was correct to withhold the information and refuse to confirm or deny its existence.

Court Disposition

Appeal dismissed

Orders

  • Decision notice IC-403651-J1L1 is confirmed.