[Stockland Hillman]

Is it possible to make that exception for a news freelancer without them coming under IR-35? I assume you're taking about freelancers with a regular gig at the BBC rather than somebody picking up the odd shift here and there

Not without a change of the law. The exception would have to be legislated for but that of course would open a can of worms. Why would the BBC be treated differently? It's all about control of the client over the freelancer which has to be pretty much absent to stay outside IR-35.

An employee has to follow reasonable instructions given by the employer and that can include outside working hours social media use for example. A freelancer has to produce deliverables for which they invoice. It doesn't matter how they are delivered as long as they are. Even something as small as a combination of the freelancer using equipment provided by the client plus a company e-mail address plus being given a business card can be enough to push them inside IR-35. There have been cases where freelancers being included in an all-company Christmas party invite e-mail was sufficient!

You can have a play with the HMRC status checker 
www.tax.service.gov.uk 

Personally I think anyone who appears on the news or current affairs shows should be employed and be barred from any work which could be seen as not being impartial. Be that Fiona Bruce writing for the Express, Cathy Newman being the voice of the left on Times Radio or Rees-Mogg (and others) continuing to be sitting MPs while presenting shows on GBN.

Adsales and I respectively disagree on this point, while what he says is true of run of the mill outsourced workers and contractors, it isn't  true in all situations.

Only a judge can determine the enforceability of a contract clause, but a well drafted agreement can deal with the reputational protection requirement requiring similar/same behaviour as wider workers in an organisation. IR35 issues are a separate argument (one even judges have differed)

I can tell you categorically that onair/performing talent do have enforceable restrictions at higher ££ levels (negotiated rather than default contract) they are enforceable because agreeing to said terms gives  a defined financial reward. 

For example, how do you think actors who do something reputationally 'bad' get terminated and removed from role mid contract?  I've personally seen examples on both sides.