R (Radiocentre Ltd) v Ofcom and the BBC (as Interested Party)

On Thursday, the Administrative Court handed down judgment on a challenge to Ofcom’s regulation of the launch of Radio 1 Dance (R1D), an online dance music offering from the BBC that was first made available in October 2020. The Claimant, Radiocentre, is the industry body for commercial radio, working on behalf of over 50 stakeholders who operate over 300 licensed radio stations across the UK. Concerned about the commercial impact of R1D on its members, Radiocentre brought a challenge on four grounds. These related to (i) Ofcom’s decision not to treat R1D as a new UK Public Service; (ii) Ofcom’s decision not to find that R1D was a material change to an existing UK Public Service; and (iii) alleged errors of fact and breaches of procedural fairness. In a detailed judgment that carefully considered the regulatory framework and complex factual background, the Court dismissed the claim.

The judgment is available here.

Timothy Otty KC, Emma Dixon and Isabel Buchanan acted for the Claimant. Tristan Jones and Hollie Higgins acted for the Defendant. Monica Carss-Frisk KC, Emily Neill and Natasha Simonsen acted for the Interested Party.