Key Facts
- •The BBC launched Radio 1 Dance (R1D), an online-only dance music service on BBC Sounds.
- •Radiocentre Limited (Claimant), representing commercial radio, challenged Ofcom's decision not to require a Public Interest Test (PIT) for R1D's launch.
- •R1D is only accessible online via the BBC Sounds app and website, not through traditional broadcast methods (DAB, FM, etc.).
- •The Claimant argued R1D is a new UK Public Service (UKPS) requiring a PIT due to its 'radio-like' features and potential impact on competition.
- •Ofcom and the BBC maintained R1D is not a new UKPS, falling under the existing BBC Online service, and its impact on competition was insignificant.
Legal Principles
Interpretation of Royal Charters should consider the document's meaning to a reasonable reader with knowledge of the factual background, purpose, and the purpose of the incorporated body.
R (English Bridge Union Ltd) v English Sports Council [2016] 1 WLR 957, [32]
The BBC may carry out an activity as a change to an existing UKPS or as a new UKPS, provided the activity is aimed primarily at UK users and involves output supplied via television, radio, online, or similar services.
BBC Charter Article 7 and Framework Agreement Clause 7
A material change to UKPSs requires a PIT if it involves a new UKPS or may significantly impact fair competition.
Framework Agreement Clause 7(7)
Ofcom's duty to make inquiries before making a decision.
Secretary of State for Education and Science v Tameside MBC [1977] AC 1014, 1065
Judicial review for error of fact requires showing: a mistake of established, objectively verifiable fact; the claimant's non-responsibility for the mistake; and the mistake's material role in the decision.
R (Institute of Chartered Accountants in England and Wales) v Lord Chancellor [2019] EWHC 461 (Admin), [77]
Outcomes
Claim dismissed.
R1D, being online-only, is considered part of the existing BBC Online service, not a new UKPS. Ofcom's assessment of insignificant competitive impact was upheld. No procedural unfairness or material errors of fact were found.