Who? Ian Weinstein, partner at Brown Rudnick, London.
Why is he in the news? The firm advised GB News on its successful judicial review of Ofcom’s decision that two shows hosted by Sir Jacob Rees-Mogg, then a sitting MP, breached the broadcasting code.
Thoughts on the case: ‘Ofcom assessed two broadcasts of Jacob Rees-Mogg’s State of the Nation. In one, Mr Rees-Mogg read a short announcement of the verdict in the civil rape trial of Donald Trump. In the other, he conducted a short live interview with a correspondent obtaining an update about a series of murders in Nottingham. Ofcom found breaches of two “due impartiality” rules on the basis that: a politician should not act as a newsreader in a news programme; and any news presented by a politician is inherently partial. The court found Ofcom misinterpreted its own rules. The programme was a current affairs programme, not a news programme. Additionally, it is not the case that any news presented by a politician is inherently partial. The court therefore quashed the breach decisions. The issue of the extent to which politicians can present news has been increasingly debated over recent years, including in parliament. This case provides important guidance as to the role that politicians can play and in relation to how the specific rules and regulatory codes in general should be interpreted.’
An Ofcom spokesperson said: ‘We accept the court’s guidance on this important aspect of due impartiality in broadcast news and the clarity set out in its judgment. We will review and consult on proposed changes to the Broadcasting Code to restrict politicians from presenting news in any type of programme to ensure this is clear for all broadcasters.’
Dealing with the media: ‘A particularly unusual aspect of the case, especially in relation to the judgment itself, was that GB News is a news channel and would need to report on a story about itself on which it had a strong opinion. Given that the case was about whether news was presented with due impartiality, it was particularly important that GB News took care with how it reported the story.’
Why become a lawyer? ‘I wanted to do something that was varied, challenging and related to the commercial world.’
Career high: ‘Helping an individual who’d wrongly had the finger pointed at him get the regulatory investigation into him discontinued.’
Career low: ‘I acted for an individual charged by the FCA for carrying out regulated activities without authorisation. Even if the FCA had been right about the facts, this conduct would normally lead to a stern warning rather than criminal charges. Unfortunately, there was another individual involved whose conduct was far worse and this meant the FCA took a much harsher stance than it otherwise would have done.’
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