Free Speech Union & Anor v Office of Communications (OFCOM)

Free Speech Union & Anor v Office of Communications (OFCOM)

The claimants' challenge was not properly arguable because Ofcom's Guidance Notes do not regulate broadcast material solely for questioning public policy or undermining official advice, but rather address content with a sufficient nexus to public harm in the context of Covid-19. Ofcom acted within its statutory...

Source-derived case information.

Parties
Claimant: Free Speech Union; Claimant: Toby Young; Defendant: Office of Communications (Ofcom)
Jurisdiction
England and Wales
Judgment Date
09 December 2020
Procedural Posture
Judicial Review / Permission Application (renewed Oral Hearing)
Outcome
Permission for judicial review refused; costs order varied
Legal Topics
Judicial Review, Freedom of Expression, Broadcast Regulation, Statutory Interpretation
Administrative Law Media Law Human Rights Judicial Review Freedom of Expression Broadcast Regulation Statutory Interpretation

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Parties

Free Speech Union

Claimant

Toby Young

Claimant

Office of Communications (Ofcom)

Defendant

Procedural Posture

Judicial Review / Permission Application (renewed Oral Hearing)

Legal Issues

  1. 1 Whether Ofcom's Guidance Notes on Covid-19 broadcasting exceeded its statutory powers under the Communications Act 2003
  2. 2 Whether Ofcom's Guidance Notes unlawfully restricted freedom of expression under Article 10 ECHR

Ratio Decidendi

The claimants' challenge was not properly arguable because Ofcom's Guidance Notes do not regulate broadcast material solely for questioning public policy or undermining official advice, but rather address content with a sufficient nexus to public harm in the context of Covid-19. Ofcom acted within its statutory powers and compatibly with Article 10 ECHR by requiring broadcasters to provide appropriate protections for potentially harmful content. The Guidance Notes do not amount to unlawful censorship or exceed Ofcom's vires.

Court Disposition

Permission for judicial review refused; costs order varied

Orders

  • Permission for judicial review is refused.
  • Claimants to pay Defendant's costs of preparing the Acknowledgement of Service and Summary Grounds, with liberty to apply for assessment if not agreed.