Decision against US channel that is no longer broadcast in UK is seen as setback for Murdoch family’s Sky bid

The media regulator Ofcom has ruled that the Fox News programmes Hannity and Tucker Carlson Tonight breached impartiality rules covering British broadcasting.

The rulings relate to coverage of the Manchester Arena bombing in May and Donald Trump’s executive order in January that restricted travel to the US from seven majority-Muslim countries.

Investors interpreted the rulings as a setback for the Murdoch family’s hopes of taking full control of Sky, sending shares in the satellite broadcaster down 1.7% on Monday.

21st Century Fox, which is controlled by the Murdochs and owns Fox News, is trying to buy the 61% of Sky that it does not own in an £11.7bn deal. The deal is being investigated by the Competition and Markets Authority on the grounds of media plurality and commitment to broadcasting standards.

Sky pulled Fox News from its platform in Britain in August. It said the move was for commercial reasons as the channel was attracting only a small audience.

Ofcom said it was publishing the rulings despite Fox News no longer being broadcast in the UK “to ensure there is a complete compliance record and to facilitate public understanding of the code”.

The regulator has the power to fine broadcasters depending on how severely they breach the code. However, because Fox News no longer holds a broadcasting licence it cannot be considered for a fine.

An episode of Tucker Carlson Tonight on 25 May, days after the Manchester terrorist attack, accused the British government and authorities of failing to counter terrorism, stop radicalisation and protect “thousands of underage girls” from rape and abuse.



It included claims that authorities failed to act because of political correctness and because they valued how people saw them over the lives of children. They were accused of forcing an “official lie” on citizens that was “totalitarian” and “wicked”.

Ofcom’s ruling concluded there was “no reflection of the views of the UK government or any of the authorities or people criticised” and the presenter “did not challenge the views of his contributors; instead, he reinforced their views.”

Ofcom found the programme breached rules 5.9, 5.11 and 5.12 of the British broadcasting code. These relate to adequate representation of alternative views on discussions programmes, due impartiality on matters of major political or industrial controversy, and including a wide range of significant views when dealing with major political or industrial controversy.

The programme included criticism of Theresa May, Beverley Hughes, the deputy mayor of Manchester, and Ian Hopkins, the chief constable of Greater Manchester police, as well as the government and authorities in general.

The watchdog said of the programme: “Ofcom considered that viewers were likely to have expected the programme to comment critically on various political targets, which in this case included the UK government and UK authorities more generally. However, we considered that these contextual factors were not sufficient to remove the need for the programme to also reflect significant alternative viewpoints, and treat these with due weight.”

The ruling on Hannity, which is presented by Sean Hannity, related to coverage of Trump’s travel ban and also found a breach of rules 5.9, 5.11 and 5.12.

Ofcom said a programme on 31 January included video clips of public figures reacting critically to Trump’s travel ban in an opening monologue. However, it said these views were only “briefly represented” and were “repeatedly dismissed or ridiculed by the presenter without sufficient opportunity for the contributors to challenge or otherwise respond to the criticism directed at them”.

The presenter then interviewed various guests who were “prominent supporters” of the Trump administration and “highly critical” of those who did not support the order, Ofcom said. The presenter also voiced his “enthusiastic support” for the order and for Trump.



Ofcom concluded its ruling by saying: “Ofcom acknowledged that viewers were likely to expect Hannity to address controversial issues from a perspective that is generally more supportive of the US Republican party. However, the likely audience expectations did not provide sufficient contextual justification to outweigh the numerous highly critical statements made about people who had opposed the order, coupled with the clear support being expressed for the policies of President Trump.”

Ofcom made its rulings despite recognising that Fox News is directed at US audiences and that therefore those watching in the UK had different expectations. It said these episodes of Hannity and Tucker Carlson Tonight related to matters of “international significance” that were of “particular relevance and significance” to UK viewers.

Ofcom’s latest update also reveals that it cleared Fox News over a series of Fox & Friends episodes in July and August.

Fox declined to comment.