The Liberal Democrats & The Scottish National Party, R. (On the Application of) v ITV Broadcasting Ltd

The Liberal Democrats & The Scottish National Party, R. (On the Application of) v ITV Broadcasting Ltd

ITV's decision to schedule the debate in a double-headed format was not amenable to judicial review because ITV, as a commercial broadcaster, was not exercising a public function. The statutory scheme entrusts regulation and remedy to Ofcom, not the courts. ITV acted within its editorial discretion and complied with the Code; no breach or public law invalidity was established.

Parties
Claimant: The Liberal Democrats; Claimant: The Scottish National Party; Respondent: ITV Broadcasting Limited
Jurisdiction
England and Wales
Judgment Date
29 November 2019
Procedural Posture
Judicial Review / Permission Hearing and Substantive Determination
Outcome
permission to apply for judicial review refused
Legal Topics
Judicial Review, Public Function, Broadcasting Regulation, Impartiality in Election Coverage, Alternative Remedies
Administrative Law Media Law Constitutional Law Judicial Review Public Function Broadcasting Regulation Impartiality in Election Coverage Alternative Remedies

Case Brief

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Parties

The Liberal Democrats

Claimant

The Scottish National Party

Claimant

ITV Broadcasting Limited

Respondent

Procedural Posture

Judicial Review / Permission Hearing and Substantive Determination

Legal Issues

  1. 1 Is ITV's decision to exclude certain party leaders from a televised debate amenable to judicial review?
  2. 2 Is there an adequate alternative remedy via Ofcom?
  3. 3 Did ITV breach statutory or regulatory obligations regarding impartiality?

Ratio Decidendi

ITV's decision to schedule the debate in a double-headed format was not amenable to judicial review because ITV, as a commercial broadcaster, was not exercising a public function. The statutory scheme entrusts regulation and remedy to Ofcom, not the courts. ITV acted within its editorial discretion and complied with the Code; no breach or public law invalidity was established.

Court Disposition

permission to apply for judicial review refused

Orders

  • Debate between Mr Johnson and Mr Corbyn scheduled for broadcast on 19 November 2019 may lawfully proceed.
  • Parties to agree a Minute of Order in consequence.