Hampshire GP's Covid social media ban was wrong, court rules

A tribunal made an "error of law" when it ordered a GP accused of spreading misinformation to stop discussing Covid on social media, a judge has ruled.

Dr Samuel White, who was a partner at a practice in Hampshire, raised concerns about vaccines and claimed "masks do nothing" in a video posted in June.

The General Medical Council's Interim Orders Tribunal imposed restrictions on Dr White's registration as a result.

But the High Court said this decision was "wrong" under human rights law.

In the videos posted to Instagram and Twitter Dr White discussed why he could not work in his former role at the Denmead Health Centre in Waterlooville, the court had previously been told.

He had claimed "lies" around the NHS and government approach to the pandemic were "so vast" that he could no longer "stomach or tolerate" them.

In August, the tribunal concluded Dr White's way of sharing his views "may have a real impact on patient safety".

It found Dr White allegedly shared information to a "wide and possibly uninformed audience" and did not give an opportunity for "a holistic consideration of Covid-19, its implications and possible treatments".

However, the GP's barrister, Francis Hoar, argued the restrictions imposed on his client's registration were "effectively a ban" and a "severe imposition" on his freedom of expression.

In his ruling, Mr Justice Dove said that under provisions of the Human Rights Act 1998, the tribunal was required to ask itself whether the General Medical Council "would probably succeed at any subsequent tribunal hearing in imposing the restrictions which were now sought".

The judge said it was "clear" that the tribunal had not directed itself to the tests required under the act.

He concluded there had been "an error of law and a clear misdirection" in the tribunal's decision-making process, and therefore the decision was "clearly wrong and cannot stand".

Follow BBC South on Facebook, Twitter, or Instagram. Send your story ideas to [email protected].