Due Impartiality

Section Five of the Ofcom Broadcasting Code explains that '“Due” is an important qualification to the concept of impartiality. Impartiality itself means not favouring one side over another. “Due” means adequate or appropriate to the subject and nature of the programme.' The Code adds that 'due impartiality' therefore 'does not mean an equal division of time has to be given to every view, or that every argument and every facet of every argument has to be represented'; the approach may vary with the subject, the type of programme and channel, and audience expectation. Rule 5.5 states the core obligation: 'Due impartiality on matters of political or industrial controversy and matters relating to current public policy must be preserved... This may be achieved within a programme or over a series of programmes taken as a whole.'

The statutory anchor for this requirement has moved since the term was first associated with the Broadcasting Act 1990. Sections 6 to 12 of that Act, which set the general licensing requirements including impartiality, were 'repealed (29.12.2003) by Communications Act 2003 (c. 21)'. The current statutory basis is s.319(2)(c) of the Communications Act 2003, which requires OFCOM's standards to secure 'that news included in television and radio services is presented with due impartiality and that the impartiality requirements of section 320 are complied with', supplemented by the special impartiality rules in s.320. The Ofcom Code itself confirms this, noting that its 'Relevant legislation includes, in particular, sections 319(2)(c) and (d), 319(8) and section 320 of the Communications Act 2003'. Any glossary or reference describing due impartiality as resting on the Broadcasting Act 1990 is therefore describing a superseded statutory route.