Avaaz Foundation, R (On the Application Of) v The Office Of Communications (Ofcom)s

Avaaz Foundation, R (On the Application Of) v The Office Of Communications (Ofcom)s

Ofcom did not err or act irrationally in applying a high threshold, assessing Fox’s compliance and corporate governance, or considering prior findings; its decision was within regulatory discretion and proportionate to statutory and Article 10 requirements.

Parties
Claimant: Avaaz Foundation; Defendant: Office of Communications (Ofcom); Interested Party: Secretary of State for Digital, Culture, Media and Sport; Interested Party: 21st Century Fox, Inc; Interested Party: Sky PLC
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Broadcast Licensing, Fitness and Propriety, Corporate Governance, Freedom of Expression, Media Plurality, Broadcasting Standards
Administrative Law Media Law Regulatory Law Broadcast Licensing Fitness and Propriety Corporate Governance Freedom of Expression Media Plurality +1 more

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Parties

Avaaz Foundation

Claimant

Office of Communications (Ofcom)

Defendant

Secretary of State for Digital, Culture, Media and Sport

Interested Party

21st Century Fox, Inc

Interested Party

Sky PLC

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Ofcom erred in applying a high threshold to finding a broadcaster not fit and proper to hold a broadcast licence
  2. 2 Whether Ofcom adopted an irrational approach to Fox’s conduct in relation to broadcasting regulation
  3. 3 Whether Ofcom’s assessment of Fox’s failures of corporate governance in relation to serious allegations of sexual and racial harassment at Fox News was inadequate

Ratio Decidendi

Ofcom did not err or act irrationally in applying a high threshold, assessing Fox’s compliance and corporate governance, or considering prior findings; its decision was within regulatory discretion and proportionate to statutory and Article 10 requirements.

Court Disposition

Claim dismissed