Northern Ireland

High Court rules Ofcom legally entitled to revoke Russian channel RT's UK licence

The High Court in Belfast
The High Court in Belfast The High Court in Belfast

MEDIA regulator Ofcom was legally entitled to revoke Russian state-backed news channel RT's licence to broadcast in the UK, the High Court in Belfast ruled.

A judge rejected claims by an Irish Republican Socialist Party (IRSP) member that the step breached his right to freedom of expression and information.

Mr Justice Scoffield also dismissed Sean Carlin's case that the watchdog had improperly bowed to political pressure amid international condemnation of Russia's invasion of Ukraine.

He said: "Ofcom is no longer satisfied that a licensee is fit and proper to hold a licence, it is then under a positive duty to do all that it can to ensure that the licensee ceases to hold a licence."

In March this year Ofcom announced that the UK broadcasting licence was being revoked from RT, formerly named Russia Today, with immediate effect.

The decision was taken amid an investigation into the channel's coverage of the Russian invasion of Ukraine.

Ofcom said it took into account the fact that RT was funded by the Russian state, which had recently invaded a neighbouring sovereign country.

New laws in Russia which effectively criminalise any independent journalism departing from its own news narrative of events in Ukraine were also cited.

Based on those constraints, the regulator said it appeared impossible for RT to comply with the due impartiality rules of its Broadcasting Code.

Lawyers for Mr Carlin sought a judicial review of Ofcom's decision, alleging it was taken for an improper purpose, breached the Communications Act 2003, and violated Article 10 of the European Convention on Human Rights.

The court was told he previously viewed RT news programmes, believing they provided an important element of understanding the relationship and war between Russia and Ukraine.

Described as a trained restorative justice and conflict resolution practitioner, he was said to have attended the 2015 'Dialogue of Nations' conference in Moscow and met with representatives of Russian-speaking separatist activists in Ukraine's Donbas region.

Counsel for the activist argued that the licence was revoked to gratify demands by the UK government.

Ronan Lavery KC further contended there should be a "plurality" of broadcasting options so viewers can access different news sources and make up their own minds.

But rejecting all grounds of challenge, Mr Justice Scoffield identified no failure by Ofcom to act "conscientiously, independently and in compliance

with its legal obligations".

Mr Carlin last night spoke of his disappointment at the ruling describing it as "a worrying defeat for all who believe in freedom of thought and raises serious questions about just how independent the courts are in regard to government policy".

"We are now in a situation where society is debating the merits of worldwide nuclear destruction, without being allowed to hear both sides of the story," he said.