Ofcom digs itself into another regulatory hole as Farage returns to presenting on GB News.

GB News has announced that Nigel Farage, leader of the Reform Party, who took a break from presenting ‘Farage’ during his successful local election campaign, will return to the channel in ‘early June’.This will create an unprecedented situation in British broadcasting. The leader of a political party who, according to recent polls, has a real chance of becoming the next Prime Minister will have his own programme about the day’s news three times a week from June until the next General Election campaign without any other party leader having to be offered any equivalent airtime.

If that isn’t unusual enough, Farage is returning to the TV presenter’s chair at the very moment the Ofcom regulations about his programme are in a state of limbo. Readers of my last blog will know that in March Ofcom lost an important court case, the first time this has happened on a matter of content regulation. Mrs Justice Collins Rice agreed with a challenge by GB News that Ofcom’s rulings that two GB News broadcasts in 2023 breached the code on ‘due impartiality and due accuracy in news’ were unlawful. Ofcom therefore decided to drop 11 investigations or rulings about broadcasts in which politicians read out news items. Most were on GB News, there were also some cases involving TalkTV and LBC. Ofcom has now published a consultation document on how it wants to change the regulations to solve the problems the court case identified. 

In my March blog I forecast that Ofcom would be tempted to confine the consultation to a narrow legal issue rather than take the opportunity to review how it got into this mess in the first place.The cause of the core problem is Ofcom’s decision, going back to when GB News started using politicians as presenters, that this was allowed because these weren’t ‘news’ programmes but ‘current affairs’. 

As predicted Ofcom wants to change just a few words but they will create a whole new row. Under the current Rule 5.3 politicians can’t be the ‘newsreader, interviewer or reporter’ in what Ofcom deems to be a news programme. But they can do interviews about the news of the day in what Ofcom regards as ‘current affairs programmes’. 

Now the regulator proposes that there should be one rule about politicians which should apply to ‘any type of programme’ and that includes ‘current affairs’ shows. And what should that one rule be?  Ofcom obviously has to define what exactly politicians can’t do in ‘any type of programme’. It has chosen : ‘No politician may be used as a newsreader, news interviewer or news reporter in any type of programme’. Let’s focus on that term ‘news interviewer’ which Ofcom has created but not defined.  What exactly is a ‘news interview’ or, for that matter, ‘news’ in Ofcom’s mind ? Is a ‘news interview’ an interview in a news bulletin, an interview with a news-maker in a ‘non-news’ programme such as ‘Farage’, any interview about the news of the day or any interview that makes news. 

It seems politicians won’t be allowed to do ‘news interviews’ whatever they are but could they do interviews about the news? When does one become the other? Could Nigel Farage interview GB News’s Political Editor, Christopher Hope, live about a story of the day, would that be a ‘news interview’? What would happen if Hope wanted to give viewers an important breaking news update, could he do that? Could Farage ask him a follow up question? 

Ofcom has dug itself into another regulatory hole. You do wonder who at Ofcom could have signed this off without realising the implications. 

Details of the consultation are here, the closing date is 23 June 2025.

COULD NIGEL FARAGE BE AN ‘IMPARTIAL’ BROADCASTER ON GB NEWS DURING THE GENERAL ELECTION CAMPAIGN?

Nigel Farage, not normally a man for self-doubt, has admitted it ‘could be tricky’ choosing between party politics and broadcasting during a General Election campaign. Interviewed for  Politico’s ‘Westminster Insider’ podcast ‘Inside GB News’ about his future as the Honorary President of the Reform UK Party he replied:

‘if I want to cover a General Election for GB News under a period of purdah, it could be tricky couldn’t it, could be very difficult and I think ..but I don’t know, I’m thinking very hard about it. But I think it is an either/or choice’

So if Farage stood down from Reform UK and focused on covering the General Election for GB News would he run into trouble with Ofcom rules on GB News which now calls itself ‘Britain’s Election Channel?

To look ahead at what might be possible I first monitored his current output for a fortnight . Farage regularly echoed Reform UK’s attacks on Rishi Sunak’s ‘Brexit failures’ asking viewers ‘why do we believe a word they say’. For the past two nights Farage has quoted from what he calls his ‘Rwanda Files’, apparently leaked documents from the Home Office.  He says that Sunak ‘wilfully deceived the nation’ over ‘Stop the Boats’ when he said in March last year that under the Illegal Immigration Bill  immigrants on boats would be removed from the UK ‘within weeks’. Farage says the Home Office knew that couldn’t happen. After his first attack there was no coverage on his programme of any response from the Prime Minister or the Home Office, the second night saw a one paragraph quote from the Home Office.

The most common ‘Farage’ format is best described as the  “I agree with Nigel’ nights: 

  1. Opening monologue;  a familiar narrative of illegal immigrants and the crimes some have committed, the shortcomings of the Government’s Rwanda Bill and Britain’s ‘exploding population’.
  2. An interview with a GB News correspondent who plays a relatively straight bat on an issue of the day. 
  3. Interviews with experts: these are not the ‘fruitcakes and loonies and closet racists’ who David Cameron once said comprised Farage’s UKIP party. They are Daily Telegraph correspondents, former army officers and chaplains to Queen Elizabeth. What they have in common is that they agree with Nigel. Sometimes they tell him that and sometimes he tells them.
  4. Captions summarising the reaction of viewers so far, normally three people who agree with Nigel.   
  5. A second monologue, titled ‘WTF’, in which Farage attacks his usual suspects such as the EU, Prince Harry and ‘senile’ Joe Biden. 

The irony about this format is that the rare occasions when a guest completely disagrees with Farage produces the best television. Labour supporter Scarlett MccGwire refuted his claim that the anger of Muslim voters over Gaza could be the start of ‘sectarian politics’ in Britain and damage Labour. She replied that ‘you are much more dangerous’ for the Conservatives because ‘you are going to make sure they lose the election’.   

During my monitoring  there were fewer interviews with MPs than I expected. Over the period I counted six Conservative MPs being interviewed by Farage, all were Brexiteers, but there were no Labour or Liberal Democrat MPs.  

That kind of imbalance wouldn’t previously have been countenanced by broadcasters or allowed by regulators but the current Ofcom regime have emphasised the freedom which they are currently giving to broadcasters to provide impartiality in their own way.

In the podcast interview Farage emphasised the editorial freedom which he’s been given by GB News. So what could a Farage election campaign programme look like ? 

1. Ofcom say that during election campaigns ‘It is not acceptable for presenters to use their position to encourage and urge voters to support political parties or candidates’. Farage is smart enough to avoid the call to action which got Talk Sport presenter James Whale into trouble with Ofcom during the Mayor of London election in 2008:

‘if people did not vote for Boris Johnson then they had only themselves to blame if “Livingstone gets in for another term”.

2. Ofcom also say ‘Due weight must be given to the coverage of parties and independent candidates during the election period’. GB News could solve this by extending the news bulletin that precedes Farage’s show to include more campaign coverage clips.

3.Since Ofcom seem to have no problem with the ‘I agree with Nigel format’ expect more ‘experts’ who tell Nigel, as one did during my monitoring period, ‘you’re quite right’.

4. The biggest change to the Farage status quo would have to be the selection of guests from political parties: 6-0 to the Tories won’t wash in an election. And Reform will certainly expect a say.

So there’s a possible template, now Farage has to make his ‘either Reform or GB News’ decision: either campaign for Reform and lose friends in the Tory Party by costing them votes or stay on air on GB News building an even bigger profile and preparing for a future Tory leadership election.