GB News has asked a High Court judge to prevent Ofcom from sanctioning the controversial order over a string of breaches of its programming code.In May, GB News ran a question and answer session with then prime minister Rishi Sunak which the regulator said represented a serious and repeated breach of the rules by the right-leaning broadcaster.Ofcom received 547 complaints about the live, hour-long current affairs programme, which featured Rishi Sunak in front of a studio audience answering questions about the Government’s policies and performance.Lawyers for GB News claim Ofcom acted unlawfully in declaring the breach to be “serious and repeated”, arguing that the regulator had failed to give GB News a reasonable and fair opportunity to comply with Ofcom’s rules.“It is well arguable that there is nothing that suggests Ofcom had any due regard to the impact of commencing an investigation or fully appreciated that it was possible at all for GB News to comply with [the rules], said Tom Hickman KC, for GB News.In a written submission Mr Hickman said it had been made clear that GB News intended to broadcast a separate programme featuring the Labour leader Sir Keir Starmer, but this never went ahead.Ofcom says it considered a range of factors, such as: the audience’s questions to the Prime Minister; the Prime Minister’s responses; the presenter’s contribution; and whether due impartiality was preserved through clearly linked and timely programmes.If it were to proceed with sanctions these could include forcing GB News to broadcast an apology or the temporary suspension of its licence.
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