Autonomous Non-Profit Organisation TV-Novosti, R (On the Application Of) v The Office of Communications

Autonomous Non-Profit Organisation TV-Novosti, R (On the Application Of) v The Office of Communications

Ofcom was correct in law to assess due impartiality by reference only to the content of the programme under consideration or clearly linked programmes, not the dominant media narrative or other unlinked RT broadcasts. This interpretation is compatible with Article 10 ECHR. Ofcom was entitled to find a breach regarding the Ukraine programme, and the financial sanction imposed was proportionate and lawful.

Parties
Claimant: Autonomous Non-Profit Organisation TV-Novosti (RT); Defendant: The Office of Communications (Ofcom)
Jurisdiction
England and Wales
Judgment Date
27 March 2020
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim for judicial review dismissed
Legal Topics
Due Impartiality in Broadcasting, Freedom of Expression (article 10 Echr), Statutory Interpretation, Proportionality of Regulatory Sanctions
Administrative Law Media Law Human Rights Due Impartiality in Broadcasting Freedom of Expression (article 10 Echr) Statutory Interpretation Proportionality of Regulatory Sanctions

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Parties

Autonomous Non-Profit Organisation TV-Novosti (RT)

Claimant

The Office of Communications (Ofcom)

Defendant

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether Ofcom was required to consider the 'dominant media narrative' or other RT broadcasts when assessing due impartiality under the Communications Act 2003 and Ofcom Code
  2. 2 Whether the due impartiality provisions and their interpretation are compatible with Article 10 ECHR (freedom of expression)
  3. 3 Whether Ofcom was entitled to find a breach regarding the Ukraine programme

Ratio Decidendi

Ofcom was correct in law to assess due impartiality by reference only to the content of the programme under consideration or clearly linked programmes, not the dominant media narrative or other unlinked RT broadcasts. This interpretation is compatible with Article 10 ECHR. Ofcom was entitled to find a breach regarding the Ukraine programme, and the financial sanction imposed was proportionate and lawful.

Court Disposition

Claim for judicial review dismissed

Orders

  • Permission to apply for judicial review of the sanction granted but claim dismissed on the merits
  • Ofcom's breach and sanction decisions upheld