News Broadcasting: Regulation

Viscount Colville of Culross Excerpts

Thursday 14th March 2024 Lords Chamber

[Viscount Colville of Culross (CB)]

My Lords, I declare my interests as laid out in the register. I, too, thank the noble Lord, Lord McNally, for tabling this important debate.

I am aware of how careful Ofcom has been in the past about enforcing impartiality in broadcast media. The gold standard is its 2009 ruling against George Galloway’s presentation of two weekly programmes on the Iranian-based Press TV. Ofcom ruled that he had breached the Broadcasting Code on impartiality for failing to reflect a wide range of significant views and give due weight in each programme or linked programmes. That is especially important where a presenter such as George Galloway, who is known to have strongly held views, is being discussed.

The ruling added that, to comply with the code, when discussing

“matters of major political … controversy and major matters relating to current public policy”,

a broadcaster must have a range of significant alternative views in the programme. I have watched a series of programmes on GB News which did none of those things. The noble Baroness, Lady Fox, said that GB News puts out some of the finest public service output. I disagree.

Andrew Doyle gives an opinionated monologue which then in most cases is supported by the studio guests and followed by questions from the audience which also support those views. In one episode, the audience asked questions of major public policy such as the Church of England’s support of critical race theory and Lee Anderson’s attack on the Mayor of London for being under the control of Islamists. There was no alternative view. In the case of “Dewbs & Co” on the night of the Budget, the programme was almost entirely critical; there was only one audience member who was a bit happy with the Budget. Otherwise, everybody in the audience attacked it and they were supported by the studio guests. I thought that maybe the presenter, Michelle Dewberry, would restore the balance the following night but instead she doubled down with an attack on the Chancellor for opening the Budget with a statement on his plan for a Muslim memorial. She then went on to discuss the threat of wokery.

Ofcom has launched a series of investigations into GB News, including Neil Oliver’s conspiracy theory about turbo cancer being linked to the Pfizer Covid vaccination. The complaint against Oliver was not upheld. In defence of Ofcom, it has investigated and found against GB News for breach of impartiality in one case, but in others it has not upheld complaints because the programme was defined as current affairs. This comes down to the difference in definition between “news programme” and “current affairs programme”. In paragraph 1.8 of the regulator’s guidance, there is a definition of the news genre:

“news in whatever form would include news bulletins, news flashes and daily news magazine programmes”.

That seems to cover many of the GB News programmes I am worried about. As if to reinforce the point, when Ofcom issued a warning of breach to BBC “Newsnight” presenter Emily Maitlis over a partial monologue, it classified “Newsnight” as news.

Apart from a small reference to current affairs in the code on sponsorship, there is no definition of current affairs programmes in the Broadcasting Code or the guidelines. This lacuna was filled by a small blog from former Ofcom executive Kevin Bakhurst, which described current affairs programmes as

“a more long-form programme … extensive discussion … interviews with guests”.

This is vague and has been included in neither Ofcom guidelines nor the Broadcasting Code, so we are left with impartiality requirements for “news in whatever form”. I do not regard it as a defence for Ofcom to say that these GB News programmes are current affairs. Even if they are not, they are certainly discussing:

“Matters of major political … controversy”


or

“major matters relating to … public policy”,

which are covered by the requirement for diverse views.

The noble Lord, Lord Vaizey, raised the issue of politicians being presenters. The code is clear that presenters must not use the advantage of their regular appearances to promote their views in a way that compromises the requirement for due impartiality. To err on the side of free speech, Ofcom has left the interpretation to individual broadcasters. On LBC, there have been politicians such as David Lammy and Nigel Farage and presenters who have a partial political view such as Nick Ferrari. While broadcasting on LBC, Nigel Farage was impressive in his tough questioning of interviewees. He talked to a range of people with diverse views and asked them difficult questions. However, in his appearances on GB News, his trenchant views when discussing matters of major political controversy are supported in almost every case by interviewees who agree with him. Where is the range of alternative opinions demanded by the code and why has Ofcom done so little to enforce it?

I generally have huge respect for Ofcom, which does a great job of treading the tightrope of balancing free speech and enforcing the code in an increasingly polarised society. I would argue that maintaining that balance is the bulwark against increasing political polarisation, which we have seen in the USA with its editorialised news channels. However, I call on our regulator to look very carefully at channels presented by politicians or people with well-known political views. It needs to police them so that people with alternative views feel safe to express them and contribute to the free speech which is so crucial to a functioning democracy.