Ofcom revokes CGTN’s UK broadcast licence
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Editor
| 04 February 2021
Following sanctions on the channel in 2020 for failing to preserve due impartiality and a breach of fairness and privacy rules, UK broadcast regulator Ofcom has withdrawn the licence for China Global Television Network (CGTN) to broadcast in the UK.
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In the UK, broadcasting laws state that broadcast licensees must have control over the licensed service – including editorial oversight over the programmes they show. In addition, under these laws, licence holders cannot be controlled by political bodies. Ofcom says that after an investigation of the activities of the international English-language satellite news channel, it concluded that CGTN’s licence is wrongfully held by Star China Media Limited which did not meet the legal requirement of having control over the licensed service, and so was not a lawful broadcast licensee.

The investigation found SCML did not have editorial responsibility for selecting or compiling CGTN’s programme schedule. It was found to be the distributor of the CGTN service in the UK, rather than “the provider” of the service. In addition, none of the employees involved in CGTN’s decision-making, or day-to-day running of the channel, appear to be employed by SCML. In response to Ofcom enquiries, CGTN accepted that SCML did not control the channel and should no longer hold the licence.

In addition, Ofcom said that it was unable to grant an application to transfer the licence to an entity called China Global Television Network Corporation (CGTNC). CGTNC confirmed to Ofcom that its Global Editorial Board was the ultimate decision maker over the selection and organisation of programmes for the CGTN service and exercises editorial control. Yet given CGTNC is controlled by China Central Television (CCTV) – which, as part of the China Media Group, is controlled by the Chinese Communist Party and therefore disqualified from holding a broadcast licence under UK broadcasting laws – we consider that CGTNC would be disqualified from holding a licence. Ofcom noted that CGTN had repeatedly failed to respond to important questions necessary to its assessment of the application to transfer the licence, or to offer any update on progress with its restructure.

Having given CGTN what it said was ‘significant’ time to come into compliance with the statutory rules, and after taking account of all the facts and the broadcaster’s and audience’s rights to freedom of expression, it had decided it was appropriate to revoke the licence for CGTN to broadcast in the UK.

“Our investigation showed that the licence for China Global Television Network is held by an entity which has no editorial control over its programmes. We are unable to approve the application to transfer the licence to China Global Television Network Corporation because it is ultimately controlled by the Chinese Communist Party, which is not permitted under UK broadcasting law,” said an Ofcom spokesperson commenting on the decision to revoke. “We’ve provided CGTN with numerous opportunities to come into compliance, but it has not done so. We now consider it appropriate to withdraw the licence for CGTN to broadcast in the UK.”

Ofcom expects to conclude separate sanctions proceedings against CGTN for due impartiality and fairness and privacy breaches shortly. In 2020 Ofcom found CGTN in breach of the Broadcasting Code for failing to preserve due impartiality in its coverage of the Hong Kong protests, and also found a serious breach of our fairness and privacy rules.