However, no such restrictions have been placed by the Government on the right to free speech. In fact, it is vital that this right should be upheld so that the Government’s decision to impose wide-ranging restrictions can be challenged by broadcasters and others. This means that any regulator charged with upholding freedom of expression – as is the case with Ofcom – should proceed to restrict that freedom only on a closely-reasoned basis. That is something Ofcom has manifestly failed to do.’23
