Traveller Movement v Ofcom & Anor [2015] EWHC 406 (Admin) (20 February 2015)

Traveller Movement v Ofcom & Anor [2015] EWHC 406 (Admin) (20 February 2015)

Ofcom's Standards complaint procedure, which provides the opportunity to comment on the Preliminary View only to the broadcaster and not to the complainant, is not inherently unfair or irrational given the statutory framework and the nature of Standards complaints. The procedures were properly applied, and there was no requirement for Ofcom to depart from them in this case. Ofcom's assessment of the evidence and its refusal to accept further evidence or assistance was not irrational.

Citation
[2015] EWHC 406 (Admin)
Parties
Claimant: Traveller Movement; Defendant: Ofcom; Interested Party: Channel 4
Jurisdiction
England and Wales
Judgment Date
20 February 2015
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Broadcasting Regulation, Procedural Fairness, Freedom of Expression, Discrimination, Judicial Review Procedures
Administrative Law Media Law Human Rights Broadcasting Regulation Procedural Fairness Freedom of Expression Discrimination Judicial Review Procedures

Case Brief

Summary, issues, holding and outcome

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Parties

Traveller Movement

Claimant

Ofcom

Defendant

Channel 4

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Ofcom's Standards complaint procedure was unfair for not allowing the complainant to comment on the Preliminary View while allowing the broadcaster to do so
  2. 2 Whether Ofcom should have departed from its published procedures in this case
  3. 3 Whether Ofcom acted irrationally in its assessment of evidence of harm to children and in not accepting further evidence or assistance from the Equality and Human Rights Commission

Ratio Decidendi

Ofcom's Standards complaint procedure, which provides the opportunity to comment on the Preliminary View only to the broadcaster and not to the complainant, is not inherently unfair or irrational given the statutory framework and the nature of Standards complaints. The procedures were properly applied, and there was no requirement for Ofcom to depart from them in this case. Ofcom's assessment of the evidence and its refusal to accept further evidence or assistance was not irrational.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused