Chug Freeman
By email to: Chug [[FOI #27788 email]]
1 March 2010
Dear Mr Freeman
Freedom of Information Act 2000 – reference number RFI20100165
Thank you for your request under the Freedom of Information Act (‘the Act’) of 3 February 2010.
You requested:
“can you list all the domain names purchased by the BBC please”
In response, in accordance with section 1(1) of the Act, the BBC confirms that it holds
information that falls within the scope of your request. Please note that the information contained
in this response is in addition to the information relating to domain names associated with TV
licensing that we have provided separately in our response numbered RFI20100142.
Many of the domain names purchased are related to programmes and services and are therefore
not covered by the Act. This is because the BBC and the other public service broadcasters are
covered by the Act only in respect of information held for purposes “other than those of
journalism, art or literature” (see Schedule I, Part VI of the Act)1. We are not obliged to supply
information held for the purposes of creating the BBC’s output or information that supports and is
closely associated with these creative activities. However, we are happy to provide the names of
live programme/services websites to you voluntarily and we trust you find this information useful.
Please find attached the list of names. Please note we have omitted some domain names covering
forthcoming television programmes/storylines so as not to provide any “spoilers” which might
reveal a plot element or storyline. Please also note that BBC World Service adheres to a domain
name policy of registering one .com domain per language site and, in some cases, a domain local to
the core audience for the content. We have volunteered to disclose all registered World Service
domains and, as such, they will account for a large proportion of the disclosed list of names.
1 For more information about how the Act applies to the BBC please see the enclosure at the end of this letter.
Please note that this guidance is not intended to be a comprehensive legal interpretation of how the Act applies to the
BBC.
Of the remaining domain names which are not related to programmes or services, we are
withholding the information under section 43(2)(Commercial Prejudice) of the Act as we consider
that disclosure will prejudice the commercial interests of the BBC for the following reasons.
Firstly, the provision of domain name management services to the BBC will be subject to an EU
procurement process this year and disclosure of the information you have requested would
prejudice the procurement process.
Secondly, disclosure of all domain names would, in effect, disclose our domain name strategy. In
providing our strategy for names, we would face the increased possibility that individuals or
organisations could potentially register domain names for our key brands and/or forthcoming
programmes or services and try and profit by attempting to sell them back to the BBC at inflated
prices. Furthermore, disclosure of the names and, in effect, our domain name strategy could
provide an open opportunity to cyber squatters or domain redirection services to understand our
strategy for registering names and could result in multiple registrations of key domain names
which would then have to be recovered through litigation procedures and at great expense to the
licence fee payer. We accept that there are undoubtedly many hundreds of domain names which
infringe or capitalise on the BBC brand which we cannot retrieve/buy back from third
parties/cyber squatters, however we cannot openly disclose information to the general public and
thereby make this situation even more difficult and costly.
As section 43 is a qualified exemption, in accordance with section 2(2) of the Act, we have
considered the public interest factors in this case. Specifically, whether in all the circumstances of
the case, the public interest in maintaining the exemption outweighs the public interest in
disclosing the information.
In favour of disclosure, there is a public interest in the BBC being as transparent as possible about
its domain name portfolio and associated registration and usage policies and in the BBC
conducting its commercial activities (including the procurement process) in an open and honest
way; in the BBC using public money effectively; and in the BBC is getting value for money when
purchasing goods and services.
In favour of withholding, there is public interest in the BBC devoting licence fee money to its core
purpose of producing new content and spending as little of the licence fee as possible on retrieving
domain names; in not harming the ability of the BBC or a third party to obtain goods and services
in the future; and in the BBC maintaining a strong bargaining position vis-à-vis suppliers during
contractual negotiations in order to ensure that the licence fee is spent effectively.
We are satisfied, in terms of section 2 of the Act, that in all the circumstances of this case, the
public interest in maintaining the exemption outweighs the public interest in disclosing the
information.
Appeal Rights
If you are not satisfied with this response you have the right to an internal review by a BBC senior
manager or legal adviser. Please contact us at the address above, explaining what you would like us
to review and including your reference number. If you are not satisfied with the internal review,
you can appeal to the Information Commissioner. The contact details are: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone
01625 545 700 or see http://www.ico.gov.uk/
Please note that the BBC does not offer an internal review when the information requested is not
covered by the Act (in this case, domain names related to BBC content). Instead, you may appeal
directly to the Information Commissioner at the address above.
Yours sincerely
L. Stiller
Legal and Business Affairs Manager
Future Media & Technology
Freedom of Information
From January 2005 the Freedom of Information (FOI) Act 2000 gives a general right of access to all types of
recorded information held by public authorities. The Act also sets out exemptions from that right and
places a number of obligations on public authorities. The term “public authority” is defined in the Act; it
includes all public bodies and government departments in the UK. The BBC, Channel 4 and S4C are the
only broadcasters covered by the Act.
Application to the BBC
The BBC has a long tradition of making information available and accessible. It seeks to be open and
accountable and already provides the public with a great deal of information about its activities. BBC
Information operates 24 hours a day, seven days a week handling telephone and written comments and
queries, and the BBC’s website bbc.co.uk provides an extensive online information resource.
It is important to bear this in mind when considering the Freedom of Information Act and how it applies to
the BBC. The Act does not apply to the BBC in the way it does to most public authorities in one significant
respect. It recognises the different position of the BBC (as well as Channel 4 and S4C) by saying that it
covers information “held for purposes other than those of journalism, art or literature”. This means the
Act does not apply to information held for the purposes of creating the BBC’s output (TV, radio, online
etc), or information that supports and is closely associated with these creative activities.
A great deal of information within this category is currently available from the BBC and will continue to be
so. If this is the type of information you are looking for, you can check whether it is available on the BBC’s
website bbc.co.uk or contact BBC Information.
The Act does apply to all of the other information we hold about the management and running of the BBC.
The BBC
The BBC's aim is to enrich people's lives with great programmes and services that inform, educate and
entertain. It broadcasts radio and television programmes on analogue and digital services in the UK. It
delivers interactive services across the web, television and mobile devices. The BBC's online service is
Europe's most widely visited content site. Across the world, the BBC broadcasts radio programmes in 32
languages on the BBC World Service and the 24 hour television service, BBC World News.
The BBC's remit as a public service broadcaster is defined in the BBC Charter and Agreement. It is the
responsibility of the BBC Trust to ensure that the organisation delivers against this remit by setting key
objectives, approving strategy and policy, and monitoring and assessing performance. The Trustees also
safeguard the BBC's independence and ensure the Corporation is accountable to its audiences and to
Parliament. The Trust is supported by a network of advisory bodies across the UK.
Day-to-day operations are run by the Director-General and his senior management team, the Executive
Board. All BBC output in the UK is funded by an annual Licence Fee. This is determined and regularly
reviewed by Parliament. Each year, the BBC publishes an Annual Report & Accounts, and reports to
Parliament on how it has delivered against its public service remit.
