Via email: [FOI #30368 email]
March 12th 2010
Dear Mr Griffiin,
Freedom of Information request – RFI20100362
Thank you for your request to the BBC of 8 March, seeking the following information under the
Freedom of Information Act 2000 (“the Act”):
“On Monday 8th March 2009, on the BBC London News programme shown from 1830 hours,
there were 3 live outside broadcasts, where no-one was interviewed. 1. How much did each of
these live outside broadcasts cost? 2. How much would the equivalent report have cost if the
reporter had given it from the BBC London studio?”
The information you have requested is excluded from the Act because it is held for the purposes of
‘journalism, art or literature.’ The BBC is therefore not obliged to provide this information to you and
will not be doing so on this occasion. Part VI of Schedule 1 to FOIA provides that information held
by the BBC and the other public service broadcasters is only covered by the Act if it is held for
‘purposes
other than those of journalism, art or literature”. The BBC is not required 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.1
You may not be aware that one of the main policy drivers behind the limited application of the Act to
public service broadcasters was to protect freedom of expression and the rights of the media under
Article 10 European Convention on Human Rights (“ECHR”). The BBC, as a media organisation, is
under a duty to impart information and ideas on all matters of public interest and the importance of
this function has been recognised by the European Court of Human Rights. Maintaining our editorial
independence is a crucial factor in enabling the media to fulfil this function.
1 For more information about how the Act applies to the BBC please see the enclosure which follows this letter. Please
note that this guidance is not intended to be a comprehensive legal interpretation of how the Act applies to the BBC.
That said, the BBC makes a huge range of information available about our programmes and content
on bbc.co.uk. We also proactively publish information covered by the Act on our publication scheme
and regularly handle requests for information under the Act.
Appeal Rights
The BBC does not offer an internal review when the information requested is not covered by the
Act. If you disagree with our decision you can appeal to the Information Commissioner. Contact
details are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF telephone 01625 545 700. http://www.ico.gov.uk
Please note that should the Information Commissioner’s Office decide that the Act does cover this
information, exemptions under the Act might then apply.
Yours sincerely,
Laura Ellis
Business Manager BBC English Regions
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.
