SKY News breached the broadcasting code with an interview with Douglas Ross during the General Election campaign, the media watchdog has ruled.
Ofcom said in a report published on Monday, December 16, that Ross’s appearance on Sky News on June 10, 2024 had breached section 6.11 of the code, which relates to candidates promoting their own local campaigns.
Ross had been appearing on the channel to discuss his resignation as Scottish Tory leader, which had been forced by his own party members during the General Election campaign amid controversy over his decision to stand.
Ross had insisted for years that he would not be running for Westminster, but would instead focus on Holyrood and his role as an MSP. However, his public U-turn – which came after former Tory MP David Duguid was blocked from standing by party bosses – sparked outcry from within his own MSP group.
After resigning, Sky News spoke to Ross about the situation he and the Tory party had been left in just weeks out from a Westminster ballot.
However, the former Scottish Tory leader insisted on focusing on his local constituency campaign in Aberdeenshire North and Moray East.
Ross’s comments were ruled to be in breach of section 6.11 of the broadcasting code because they veered away from general, national politics and focused on the local – without the other candidates in the same constituency being given a chance to speak.
Section 6.11 states: “Where a candidate is taking part in a programme on any matter, after the election has been called, s/he must not be given the opportunity to make constituency points, or electoral area points about the constituency or electoral area in which s/he is standing, when no other candidates will be given a similar opportunity.”
Ofcom noted that Sky News had made efforts to remedy the breach, broadcasting one week later, on June 17, a profile of Aberdeenshire North and Moray East in which all candidates were listed and allowed to speak on local issues.
However, it ruled that the breach on June 10 had still occurred.
The watchdog said: “Ofcom has consistently stressed the importance of ensuring compliance with section six of the code during elections and referendums. We have made this clear in a number of notes to broadcasters ahead of election periods.
“Against this backdrop, Ofcom does not consider that it would be appropriate to find this matter resolved.”
Sky News had pointed to training it was giving to journalists, as well as its constituency profile on June 17, as reasons why the matter should be considered closed.
It was noted that Sky News’s hosts had asked about general politics, but Ross had replied about the local.
Ofcom said: “During the interview, Mr Ross twice described Aberdeenshire North and Moray East as a ‘key seat’, which he said was similar to many other ‘key seats up and down the country’, where voters were faced with a ‘straight choice’ between the Scottish Conservatives and the Scottish National Party (‘SNP’).”
“Sky called his comments ‘generic points about the political landscape of Scotland and the choice between Conservatives and SNP’, stating that they constituted ‘very general national talking points which went no further than the stated position of the respective parties’. Ofcom acknowledged that Mr Ross was in part making a general point about the national contest between the Scottish Conservatives and the SNP. However, we considered that he put this in the specific context of the choice facing voters in Aberdeenshire North and Moray East.
“In Ofcom’s view, Mr Ross’s comments focused on the constituency in which he was standing, first by establishing his commitment to the area, and second by characterising the nature of the contest there. Although the interviewer concentrated primarily on national issues, Mr Ross repeatedly took the opportunity to make points about Aberdeenshire North and Moray East by promoting his candidacy in that constituency.”
Ofcom then concluded: “The interview with Mr Ross, broadcast on Sky News on 10 June 2024 (i.e. during the election period), gave a candidate in the 2024 UK General Election an opportunity to make constituency points about the constituency in which he was standing, when no other candidates were given a similar opportunity.
“As set out above, we acknowledged the steps taken by Sky as a result of this broadcast, but the material was in breach of rule 6.11.”
A Sky News spokesperson said: "Sky News takes enhanced regulatory compliance during an election period incredibly seriously. We engaged quickly with Ofcom to mitigate any potential breach and have reviewed our training and guidance as a result."
