Mr Manderson
Via email: [FOI #4148 email]
24th November 2008
Dear Mr Alastair Manderson,
Freedom of Information request – RFI20081284 Thank you for your request of 14th November 2008 under the Freedom of Information Act 2000
seeking the following information:
How many complaints the BBC received in response to it's (sic)
reports of alleged Anti-Irish Racism at the
Old Firm match on the 31st of August 2008?
The BBC will not be providing you with the information you requested as we believe it is not
covered by the Freedom of Information Act 2000 (“the Act”).
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). This means that we are not obliged to supply information held for the
purposes of creating the BBC’s output or is closely associated with these creative activities.
The BBC has chosen not to volunteer information relating to audience feedback for several very
good reasons, chief amongst them being a desire to maintain our independence and impartiality.
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.
link to page 2
The Information Commissioner’s Office has recognised the importance of Schedule 1 of the Act in
protecting the independence of the media, stating that:
“It is the Commissioner’s view that the ultimate purpose of the derogation (Schedule 1) is
to protect journalistic, artistic and literary integrity by carving out a creative and
journalistic space for programme makers to produce programmes free from the
interference and scrutiny of the public.”
1
The BBC agrees that we have the right to protect our journalistic and editorial independence by
maintaining just such a private space in which to produce our content. This extends to the sifting
and review of praise and criticism from audiences, which is important part of the BBC’s process of
creating and improving programmes. Despite the BBC’s obligation to be independent and
impartial, many bodies, groups and individuals attempt to influence our output. This pressure takes
many forms and has to be resisted by programme makers across the BBC.
If the BBC and other public broadcasters were obliged to disclose audience feedback, this would
damage our independence by impeding the ability of the programme maker to weigh complaints,
praise and other comments alongside other elements of feedback on a programme as would
his/her ability to come to their own journalistic judgement without public scrutiny.
I hope this provides you with some understanding of why this is an important concern for the
BBC.
For your information, the ICO has agreed with the BBC’s interpretation that information
pertaining to audience feedback falls outside the scope of the Act, stating that:
‘…fundamentally the complaints are about, and intended to influence, content. Despite
other applications complaints information is intrinsically linked with the creative purposes
for which the BBC was established.’
Appeal Rights
If you are not satisfied with this response you have the right to 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
www.informationcommissioner.gov.uk
Kind regards,
Sarah Yassien
Marketing Communications and Audiences
1 ICO Reference: FAC0070848
