David John Keighley, R (on the application of) v The Office of Communications

David John Keighley, R (on the application of) v The Office of Communications

Ofcom and the BBC are correct that complaints about lack of due impartiality not directed at an individual programme or editorially linked series are outside Ofcom's enforcement jurisdiction under the Broadcasting Code; the Code requires due impartiality to be measured only at the level of individual programmes or editorially linked series, not across the service as a whole.

Parties
Claimant: David John Keighley; Defendant: The Office of Communications; Interested Party: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
03 March 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Broadcasting Code, Due Impartiality, Judicial Review, Regulatory Enforcement
Administrative Law Media Law Broadcasting Code Due Impartiality Judicial Review Regulatory Enforcement

Case Brief

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Parties

David John Keighley

Claimant

The Office of Communications

Defendant

British Broadcasting Corporation

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Ofcom's Broadcasting Code requires due impartiality to be measured at the level of individual programmes or series, or across the service as a whole
  2. 2 Whether Ofcom's refusal to investigate complaints alleging systemic lack of due impartiality was lawful and reasonable

Ratio Decidendi

Ofcom and the BBC are correct that complaints about lack of due impartiality not directed at an individual programme or editorially linked series are outside Ofcom's enforcement jurisdiction under the Broadcasting Code; the Code requires due impartiality to be measured only at the level of individual programmes or editorially linked series, not across the service as a whole.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay Ofcom’s costs on the standard basis, subject to detailed assessment if not agreed.
  • Claimant to pay BBC’s costs as Interested Party.