THE GOOD Law Project has announced it intends to sue the broadcasting regulator over its "failure" to prevent misinformation on TalkTV.
The non-profit legal organisation has launched a legal challenge against Ofcom, alleging the regulator has failed to take action to stop TalkTV from breaking the law with what it calls "a torrent of misinformation and transphobic hate".
It comes after the Good Law Project filed a formal complaint with the regulator in July last year, detailing 11 incidents which it felt showed clear breaches of the Ofcom Broadcasting Code.
The incidents all relate to discussion of transgender rights, which the legal group claims were unbalanced, misrepresented facts, and did not protect the public from "harmful and/or offensive material", as the code necessitates.
The Ofcom Code also outlines that when discussing major issues of "political controversy" and "current public policy", channels must broadcast a "wide range of views".
Ofcom made the decision not to investigate 10 of the incidents in question, but did decide to launch an investigation into a programme presented by Ian Collins on June 30 last year.
Now, the Good Law Project has applied for a judicial review into the decision.
If accepted, it will go to the High Court, where the Good Law Project will make the case that "Ofcom's inaction is not only a dereliction of duty, but that it is irrational and unlawful".
The group is challenging a number of key decisions made by Ofcom, including its ruling that while comments around transgender people were found to be highly offensive, they were mitigated by the context.
The Good Law Project is also challenging Ofcom's ruling that TalkTV did not misrepresent facts around transgender issues, along with its decision that such issues do not constitute "major matters of political controversy".
The legal group will also challenge Ofcom's decision that TalkTV presenters did not abuse their positions in a way that undermined due impartiality.
Good Law Project campaigns manager Charlene Pink said: "Ofcom is giving TalkTV a free pass to blatantly break the law.
"Instead of keeping hate and misinformation off our airwaves, Ofcom is allowing TalkTV to serve as a megaphone for billionaires to spread toxic lies and amplify dangerous, far-right rhetoric for their own political gain."
An Ofcom spokesperson said: “Ofcom stands by its decisions and will defend them in Court.”
Talk TV was approached for comment.
