Ofcom investigating row over Emily Maitlis’ Newsnight monologue about Dominic Cummings

The BBC has already apologised after finding opening segment ‘did not meet our standards of impartiality’

The UK’s broadcasting watchdog is investigating the row over BBC host Emily Maitlis’ monologue about Dominic Cummings’ infamous trip to Barnard Castle.

The BBC previously ruled that the presenter’s comments – made on Newsnight about the former Downing Street strategist’s lockdown adventures in County Durham – breached impartiality rules.

However, a new complaint about the incident is now with Ofcom “so subject to our decision making at the moment”, said Dame Melanie Dawes, chief executive of the regulator.

Ofcom received the complaint over the last two weeks from an individual not satisfied with the BBC’s investigating process, Dame Melanie told MPs on the Digital, Culture, Media and Sport Committee. The watchdog’s chief executive gave no more details.

In her much-scrutinised introduction on 26 May 2020, Ms Maitlis said Mr Cummings, then Boris Johnson’s chief adviser, had “broken the rules” and added: “The country can see that and it’s shocked the government cannot.”

The BBC apologised for the broadcast earlier and stated that “we believe the introduction we broadcast did not meet our standards of due impartiality”. While opposition MPs praised Ms Maitlis’ for scrutinising the government’s position, it provoked the ire of Conservative MPs accusing the Beeb of bias.

Mr Cummings insisted he acted “reasonably and legally” during the first lockdown, but was criticised only last week by justice secretary Robert Buckland – who admitted the trip “didn’t help when it came to creating a consistent message”. 

At Tuesday’s committee hearing into the future of public service broadcasting, MPs complained that Ofcom is “completely powerless” over streaming giant Netflix despite its “increasingly important role”.

The committee’s chair Julian Knight said that “effectively Netflix (which is based in the Netherlands) is not regulated at all within the UK and you have to hope they will be good citizens.”

The Tory MP accused the streaming giant of using “Holland as almost a flag of convenience in order to escape the type of regulations we have within the UK”.

Dame Melanie admitted it was a “concern” that different standards regimes applied to different types of content accessed by British viewers. “I think that’s confusing for the viewer – if you’re looking on YouTube there’s no regulation at all.”

The Ofcom chief also said she wanted the BBC to improve the way it covered trans rights issues so that it did not cause offence. “It’s something we’ve been talking to [campaigning organisation] Stonewall about,” she said. “Can broadcasters [bring balance] in an appropriate way?”

Dame Melanie denied she wanted to push out views from people like JK Rowling, saying: “It’s about making sure we give the right information to our broadcasters so they can steer their way through the debate without causing offence or bringing inappropriate questions to the table.”

The Independent has contacted Ofcom for more details on the complaint about the the BBC’s investigating process.