Mark Steyn, a former GB News presenter, has been ordered by the High Court to pay an initial £50,000 towards Ofcom’s legal costs following a failed legal challenge against the UK’s broadcasting regulator.

The dispute was in relation to Ofcom’s rulings over COVID-19 content which aired during Steyn’s shows. This case highlights the potentially high legal costs involved when broadcasters challenge regulatory decisions.

With final costs yet to be determined, this case serves as a cautionary example of the financial implications of judicial reviews for individuals and media entities alike.

Background of the Case

The legal battle with the presenter of primetime shows on GB news began after Ofcom sanctioned two of Steyn’s shows. One was sanctioned in April and another in October 2022, for breaching broadcasting standards related to COVID-19 content.

In the April episode, Steyn presented a monologue based on UK Health Security Agency (UKHSA) data concerning the rollout of COVID vaccines. Ofcom ruled that Steyn’s interpretation was “materially misleading”, potentially endangering public health by misinforming viewers about vaccination.

The October broadcast featured an interview with author Naomi Wolf, who made comments comparing the vaccine rollout to “mass murder,” likening the vaccine rollout as comparable to the actions of doctors in pre-Nazi Germany.

Ofcom deemed it unsatisfactory that GB news failed to take adequate steps to protect viewers from potentially harmful content labelling Dr wolf’s comments as “promoting a serious conspiracy theory.”

In response to these rulings, Steyn launched a High Court Battle, asserting that Ofcom’s decisions had “killed his career” and had an “obvious chilling effect”.

However, in July, Mrs. Justice Farbey dismissed his challenge, stating that the regulator’s rulings were justified and its reasoning “detailed and comprehensive.”

Ofcom v Steyn Costs Implications

Following this unsuccessful challenge, the court has now ordered Steyn to make an initial payment of £50,000 toward Ofcom’s legal costs.

This sum reflects only a preliminary figure, with the final costs still to be determined through a detailed assessment at a later date.

Mrs. Justice Farbey noted in her ruling that the £50,000 payment represented an interim cost, allowing Ofcom to recover some of its legal expenses before the total amount is evaluated.

She also expressed dissatisfaction with both parties for failing to reach an out-of-court agreement on the costs. She noted that if the parties had “wiser heads,” the matter would have been agreed earlier, potentially reducing the financial burden for both parties.

The High Stakes of Legal Costs in Regulatory Disputes

The substantial costs involved in this case illustrate the significant financial risks that individuals face when challenging decisions by regulatory bodies like Ofcom.

Although a Judicial Review can serve as an important tool for contesting regulatory authority, it is often an expensive and uncertain path. This is especially true in cases involving complex arguments about public health and broadcasting standards.

Future Cost Assessments

While Steyn has been ordered to pay £50,000 now, the final costs will be subject to a detailed assessment. This upcoming assessment process will calculate the full scope of costs incurred by both parties, taking into account various legal fees and expenditures associated with the case.

Given the potential for substantial final figures, the costs ruling in Steyn’s case may serve as a deterrent to similar challenges against regulatory authorities without strong, legally substantiated claims.

How can ARC Costs Assist?

ARC Costs are an experienced and independent team of specialised Costs Draftsmen and Costs Lawyers. We assist both paying and receiving parties in resolving costs disputes, and are adept at preparing Costs Budgets and Bill of Costs for receiving parties, as well as providing legal costs negotiations services and preparing Points of Reply.

For paying parties, we are adept at preparing Points of Dispute, and ensuring that a proportionate level of costs is recovered. Proportionality is a subjective issue, and it is therefore important you have the right legal costs representative on your side during detailed assessment to ensure you make the most persuasive submissions on the issue.  

Should you require any assistance or free initial advice, please call us on 01204 397302, or email one of our costs experts direct on info@arccosts.co.uk.

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