Traveller Movement v Ofcom & Anor

Traveller Movement v Ofcom & Anor

Ofcom's Standards complaint procedure, which does not provide complainants with the opportunity to comment on the Preliminary View, is rationally differentiated from the Fairness complaint procedure and is not inherently unfair. The procedure was properly applied, and there was no requirement for Ofcom to depart from it in this case. Ofcom's rejection of the expert evidence of harm was rational, and its decision not to seek further information or assistance from the EHRC was lawful. The application is dismissed.

Parties
Claimant: Traveller Movement; Defendant: Ofcom; Interested Party: Channel 4
Jurisdiction
England and Wales
Judgment Date
20 February 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Broadcasting Standards, Fairness in Procedures, Freedom of Expression, Protection of Children, Racial Stereotyping
Administrative Law Media Law Human Rights Broadcasting Standards Fairness in Procedures Freedom of Expression Protection of Children Racial Stereotyping

Case Brief

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Parties

Traveller Movement

Claimant

Ofcom

Defendant

Channel 4

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Ofcom's Standards complaint procedure was unfair for not allowing the complainant to comment on the Preliminary View
  2. 2 Whether Ofcom should have departed from its published procedures in this case
  3. 3 Whether Ofcom irrationally rejected expert evidence of harm to children

Ratio Decidendi

Ofcom's Standards complaint procedure, which does not provide complainants with the opportunity to comment on the Preliminary View, is rationally differentiated from the Fairness complaint procedure and is not inherently unfair. The procedure was properly applied, and there was no requirement for Ofcom to depart from it in this case. Ofcom's rejection of the expert evidence of harm was rational, and its decision not to seek further information or assistance from the EHRC was lawful. The application is dismissed.

Court Disposition

Application dismissed