Key takeaways
Section 5 of the Ofcom Broadcasting Code requires all licensed UK broadcasters to present news and current affairs with due accuracy and due impartiality. The word 'due' is critical -- it means appropriate to the subject matter, not perfect mathematical balance.
Due impartiality is one of the most significant distinctions between UK broadcast journalism and print or online journalism. Newspapers and websites have no equivalent obligation. TV and radio news cannot adopt partisan editorial positions or advocate for particular political viewpoints.
The Section 5 requirements are stricter during election and referendum periods. Extra care must be taken to ensure due impartiality in programmes dealing with electoral matters. News presenters and reporters cannot express personal opinions on electoral issues during these periods.
Highly controversial political and industrial subjects require special treatment. Presenters of news programmes must not express personal views on such matters unless the broadcaster has taken measures to preserve overall due impartiality across its output.
Ofcom receives complaints about impartiality breaches and publishes its decisions in the Broadcast and On Demand Bulletin. In June 2026, Ofcom's Election Committee ruled on the BBC's Question Time special during the Makerfield by-election.
Reviewed: June 2026Key facts
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What due impartiality means
Section 5 of the Ofcom Broadcasting Code establishes the due impartiality requirement for UK broadcast news and current affairs. The requirement is that news is presented with due accuracy and impartiality. 'Due' is the essential qualifier: it means the appropriate level of impartiality for the specific subject matter, recognising that not all topics require the same treatment.
On matters of fact -- whether a plane crashed, what a government policy says, what a court ruled -- due impartiality means accuracy: getting the facts right. On matters of genuine public controversy -- whether a policy is good, how a political leader should be assessed, what the right response to a social problem is -- due impartiality means presenting significant perspectives fairly, without the broadcaster adopting a partisan editorial position.
Due impartiality does not require equal time or equal prominence for every viewpoint on every topic. It does not mean a broadcaster must treat a fringe view as equivalent to a mainstream scientific consensus. It means the broadcaster does not take sides in genuine political and public controversy and presents significant viewpoints fairly over time.
How Section 5 differs from print journalism
The due impartiality requirement is one of the most fundamental differences between broadcast journalism and print or online journalism in the UK. The Daily Mail, the Guardian, The Times and every other newspaper are free to take editorial positions, advocate for parties and causes, and present news through a specific political lens. The Sun can tell readers to vote for a particular party; the BBC cannot.
This distinction reflects a combination of historical factors and public policy choices. Broadcasting -- particularly television -- has historically been seen as a more persuasive medium that reaches a wider and more diverse audience than any single newspaper. The scarce spectrum on which broadcast services depend has also been used to justify regulatory obligations in exchange for spectrum access.
As audiences increasingly consume news online -- through social media, news websites and streaming services -- the asymmetry between regulated broadcast news and unregulated online news has become more debated. The Online Safety Act 2023 does not impose impartiality requirements on online services, maintaining this distinction.
Section 5 during elections
During election and referendum periods, Section 5 requirements intensify. Rule 5.5 requires broadcasters to take particular care to ensure due impartiality in any programme dealing with electoral or referendum matters. This applies to news programmes, current affairs programmes and any other broadcast content that addresses the election.
Rule 5.6 specifically addresses electoral matters: broadcasters must give appropriate coverage to major parties and must not give undue prominence to one party or candidate over others. News presenters and reporters must not express personal views on electoral matters during the campaign period. Audiences must not be left in any doubt about the impartiality of the coverage.
Ofcom has a dedicated Election Committee that handles complaints about electoral coverage and makes rulings during election periods. In June 2026, the Election Committee published its decision on the BBC's Question Time special broadcast during the Makerfield by-election on 4 June 2026. Such decisions are published on Ofcom's website and contribute to the developing body of broadcast election law.
Highly contested political and industrial matters
Section 5.9 imposes specific restrictions on news presenters on matters of political or industrial controversy, or public policy. On such matters, news presenters and reporters must not express personal views unless the broadcaster has taken measures to preserve due impartiality across its output -- for example, by ensuring contrasting views are presented elsewhere in the same or closely related programme.
The practical effect is that a BBC or ITV news presenter cannot express a view on Brexit, on immigration policy, on whether a government minister should resign, or on any other matter of genuine political controversy. Commentators, guests and contributors may express views -- that is how debate is reflected. But the journalist presenting the news is required to remain impartial.
How Ofcom enforces due impartiality
Ofcom receives viewer and listener complaints about impartiality. Where Ofcom believes a complaint may disclose a Section 5 breach, it opens an investigation and asks the broadcaster to respond. The broadcaster typically submits a defence explaining the editorial decisions made and how they preserved due impartiality.
Ofcom weighs the editorial context -- including the full programme and series context, the nature of the subject matter, and the broadcaster's overall record -- before deciding whether a breach occurred. Where a breach is found, it is published in the Broadcast and On Demand Bulletin. Serious or repeated impartiality breaches can result in statutory sanctions.
Due impartiality versus factual accuracy
Section 5 covers both impartiality (on contested matters) and accuracy (on factual matters). The two requirements interact but are distinct. A broadcaster can breach accuracy by getting facts wrong even if its overall treatment is balanced. It can breach impartiality by accurately reporting facts but selecting them in a way that systematically favours one side of a debate.
On matters of scientific consensus -- climate change, vaccine safety, evolution -- the due impartiality requirement does not require broadcasters to give equal weight to fringe views that contradict the consensus. Ofcom guidance makes clear that due impartiality does not demand false balance. A news programme that presents climate science accurately and does not give disproportionate airtime to climate denial is complying with Section 5.
Related guides
Disclaimer: This guide is for informational purposes only. Kael Tripton Ltd is not regulated by the FCA. Sources: Ofcom, legislation.gov.uk, GOV.UK. Verify at ofcom.org.uk.
Frequently asked questions
What is due impartiality in broadcasting?
Due impartiality (Section 5 of the Ofcom Broadcasting Code) requires licensed UK broadcasters to present news and current affairs with the appropriate level of impartiality for the subject matter. It means not adopting partisan editorial positions or advocating for particular political viewpoints. 'Due' means appropriate -- not perfect mathematical balance, but no taking of sides in genuine political controversy.
Does due impartiality apply to newspapers?
No. Due impartiality applies only to Ofcom-licensed broadcast services -- television and radio news. Newspapers, online news sites and social media have no equivalent obligation. UK newspapers are free to take editorial positions, endorse political parties and present news through a specific political lens. This is one of the fundamental differences between UK broadcast and print journalism.
Can a BBC news presenter express a personal political opinion?
No. Rule 5.9 of the Broadcasting Code restricts news presenters from expressing personal views on matters of political or industrial controversy. A BBC, ITV or Sky News presenter cannot express a view on political parties, government policy or contested political matters. Commentators and guests may express views -- that is how debate is reflected -- but the presenter reporting the news must remain impartial.
What are the impartiality rules during elections?
During election and referendum periods, Rule 5.5 requires extra care to ensure due impartiality in all electoral coverage. Broadcasters must give appropriate coverage to major parties and must not give undue prominence to one party over others. News presenters cannot express personal views on electoral matters during the campaign period. Ofcom's Election Committee handles complaints about electoral coverage.
Does due impartiality mean equal airtime for all views?
No. Due impartiality does not require equal time or equal prominence for every viewpoint. A broadcaster does not need to give equal weight to fringe views contradicting scientific consensus or to very minor political parties. It means presenting significant perspectives fairly over time without adopting a partisan editorial position. The requirement is proportionality, not mathematical equality.
Can Ofcom rule that a programme was biased?
Yes. Ofcom investigates complaints about impartiality breaches and publishes its decisions in the Broadcast and On Demand Bulletin. Where Ofcom finds a breach of Section 5, it records this as a formal finding against the broadcaster. Serious or repeated breaches can result in statutory sanctions including fines. Ofcom's Election Committee handles complaints specifically about electoral coverage.
Why doesn't due impartiality apply to online news?
The Online Safety Act 2023 does not impose impartiality requirements on online services. Due impartiality is a Broadcasting Code obligation specific to Ofcom-licensed broadcast services. The asymmetry reflects the historical origins of broadcast regulation (scarce spectrum, wider reach) and the practical challenges of applying impartiality requirements to the vast volume of online content. This distinction is under ongoing policy debate.
What happened with the Ofcom Election Committee ruling in June 2026?
In June 2026, Ofcom's Election Committee published its decision on the BBC's Question Time special broadcast during the Makerfield by-election on 4 June 2026. The Election Committee makes rulings on complaints about electoral coverage during election periods. Its decisions are published on Ofcom's website and contribute to the developing body of case law on broadcast election rules.
