BBC stance on Freeview HD DRM

The request was partially successful.

Dear British Broadcasting Corporation,

I would like to make a freedom of information request for full and complete copies of all the BBC communications with Ofcom relating to the Ofcom consultation 'Content management on the HD Freeview platform' (Start date: 22 January 2010, End date: 02 April 2010).

In particular could you send me:

(a) A full copy, including the redacted sections noted on page 1 and 7, of the 'BBC response to Ofcom consultation of 22 January 2010'
http://stakeholders.ofcom.org.uk/binarie...

(b) A copy of the BBC submission to Ofcom of 8 December 2009 on this same matter

Yours faithfully,

Ray Corrigan

FOI Enquiries, British Broadcasting Corporation

Dear Ray

Thank you for your request for information under the Freedom of
Information Act 2000, about communications with OFCOM relating to the
consultation on content management on the HD Freeview platform which was
received on 6th June 2011. We shall deal with your request as promptly
as possible and, at the latest, within 20 working days. If you have any
queries about your request please contact us at the address below.

The reference number for your request is RFI20110637.

Kind regards

BBC Information Policy and Compliance

BBC Freedom of Information
Room 2252, White City
201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

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Dear BBC FOI Enquiries,

Just a reminder that following your 7 June 2011 acknowlegement of my 6 June 2011 freedom of information request relating to the 'BBC stance on Freeview HD DRM' I had been hoping to receive a substantive response by 5th July.

The reference number for my request is RFI20110637.

Yours sincerely,

Ray Corrigan

FOI Enquiries, British Broadcasting Corporation

Dear Mr Corrigan,

We apologise for the delay in responding to your request. We are in the
process of finalising our response and we hope to be able to provide you
with it before the end of this week. If we are unable to do so, we will
write again to update you.

Kind regards

Rachael Ward
Adviser, Information Policy and Compliance

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi/
Email: mailto:[BBC request email]
Tel: 020 8008 2883 Fax: 020 8008 2398

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FOI Enquiries, British Broadcasting Corporation

33 Attachments

Dear Mr Corrigan

Please find attached the response to your request for information under
the Freedom of Information Act. We hope you will accept our apologies for
the delay in providing this information to you.

 
<<RFI20110637 - final response.pdf>>
<<A3.pdf>> <<A4b.pdf>> <<A2.pdf>> <<J13.pdf>> <<J12a.pdf>> <<J12b.pdf>>
<<J11.pdf>> <<J3a.pdf>> <<J3b.pdf>> <<J3c.pdf>> <<J2a.pdf>> <<J2b.pdf>>
<<J2c.pdf>> <<J2d.pdf>> <<J1a.pdf>> <<J1b.pdf>> <<J1c.pdf>> <<J1d.pdf>>
<<G1.pdf>> <<G2.pdf>> <<J18.pdf>> <<J10b.pdf>> <<J10c.pdf>> <<J9a.pdf>>
<<J9b.pdf>> <<J17.pdf>> <<J8a.pdf>> <<J8b.pdf>> <<J6.pdf>> <<A1a.pdf>>
<<A1b.pdf>> <<J5.pdf>>

Kind regards,

Rachael Ward
Adviser, Information Policy and Compliance    

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi/
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883    Fax: 020 8008 2398

 
[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
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Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

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Dear FOI Enquiries,

Thank you for your helpful response to my freedom of information request relating to communications between the BBC and Ofcom on HD DRM. In particular thanks to Ms ward and Mr Gutteridge for the organised way in which you collected the documents and the cataloguing and clear guidance you provided in the associated covering letter, RFI20110637 final response, http://www.whatdotheyknow.com/request/74....

I have now had the opportunity to go through the documents in detail. Could I follow up with some further requests.

I ask that you reconsider releasing the redacted sections of:

(a) the BBC response to Ofcom consultation of 22 January 2010 (J10c or J9b paragraphs 1.5 to 1.6 and 3.4.1 to 3.4.5)

(b) the BBC's response of 30 April 2010 (J8b) to Ofcom's request for further information relating to details of content teh BBC had already licenced but would be precluded from broadcasting in HD without content management.

Additionally, given the competition issues raised in

(i) the mulitple drafts of the BBC submission in response to Ofcom's letter of 9 November 2009 (J3c, J2b, J2c, J2d and J1b-d) paragraphs 1.3, 2.1, 3, 3.3.2 and 3.3.3. and

(ii) (in a general sense), in (A4b) Greg Bensburg letter to Stakeholders in the UK DTT industry.

did the BBC seek and/or receive professional legal advice on the competition issues relating to:

(1) mandatory DRM removing the ability of consumers to purchase receivers without DRM and the BBC leveraging its position as holder of the multiplex licence to mandate DRM thereby affecting competition at the level of the manufacturers;

(2) rights holders' possible collective efforts to pressurise public service broadcasters into mandating HD DRM?

Finally, in paragraph 3.5 of the BBC response to Ofcom consultation of 22 January 2010 (J10c or J9b) the BBC confirmed a willingness to "engage with further discussions with" large educational institutions, libraries and archives, "in order to ensure that the proposed content management system does not restrict their legitimate activities." Can you confirm whether any such discussions have taken place? If so with which institutions? Could you provide the records of such discussions and/or the advice and guidance that the BBC has provided or is proposing to provide to such institutions?

Thank you.

Yours sincerely,

Ray Corrigan

FOI Enquiries, British Broadcasting Corporation

Dear Ray

Thank you for your request for information under the Freedom of
Information Act 2000, about further details relating to RFI20110637 (as
below) which was received on 28th July. We shall deal with your request
as promptly as possible and, at the latest, within 20 working days. If
you have any queries about your request please contact us at the address
below.

The reference number for your request is RFI20110890.

Kind regards

BBC Information Policy and Compliance

BBC Freedom of Information
Room 2252, White City
201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

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FOI Enquiries, British Broadcasting Corporation

1 Attachment

Dear Mr Corrigan

Please find attached the response to your request for information under
the Freedom of Information Act. 
<<RFI20110890 - final response.pdf>>
Kind regards,

Rachael Ward
Adviser, Information Policy and Compliance    

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi/
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883    Fax: 020 8008 2398

 
[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi/
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

Dear Ms Ward,

Thank you for your further helpful response, in particular the confirmation that the BBC sought and received professional legal advice on the competition issues relating to:

(1) mandatory DRM removing the ability of consumers to purchase receivers without DRM and the BBC leveraging its position as holder of the multiplex licence to mandate DRM thereby affecting competition at the level of the manufacturers;

(2) rights holders' possible collective efforts to pressurise public service broadcasters into mandating HD DRM?

I would therefore appreciate it if could you supply me with:

(a) a copy of that legal advice

(b) copies of BBC documents and/or briefings summarising that legal advice

Thank you.

Yours sincerely,

Ray Corrigan

FOI Enquiries, British Broadcasting Corporation

Dear Mr Corrigan,

Thank you for your request for information under the Freedom of
Information Act 2000, repeated below, which was received on 25th August.
We shall deal with your request as promptly as possible and, at the
latest, within 20 working days from the date of receipt. If you have any
queries about your request please contact us at the address below.

The reference number for your request is RFI20111060.

Yours sincerely,

The Information Policy and Compliance Team

BBC Freedom of Information
Room 2252
BBC White City
201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi/
Email: mailto:[BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

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FOI Enquiries, British Broadcasting Corporation

1 Attachment

Dear Mr Corrigan,

Please find attached the response to your request for information under
the Freedom of Information Act.
<<RFI20111060 - final response.pdf>>
Kind regards,

Rachael Ward
Adviser, Information Policy and Compliance    

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi/
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883    Fax: 020 8008 2398

 
[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi/
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

Dear Mr Gutteridge,

Thanks for your clear explanation of the reasons for withholding the information requested on the BBC's legal advice on HD DRM and competition issues.

I would request that the BBC conduct an internal review of this decision, please.

I would ask that the review focus on the evidentiary foundation of the suggestion that legal professional privilege, protecting the confidentiality of lawyer/client communications,

"is perhaps at its strongest where the client seeking and receiving legal advice is a public body or quasi-public body"

I am unware of the evidence suggesting public bodies attract a higher standard of legal privilege for their legal advice.

Additionally could I request copies of communications within the BBC, relating to the professional legal advice in question i.e. the advice the BBC received on competition issues relating to:

(1) mandatory DRM removing the ability of consumers to purchase receivers without DRM and the BBC leveraging its position as holder of the multiplex licence to mandate DRM thereby affecting competition at the level of the manufacturers;

(2) rights holders' possible collective efforts to pressurise public service broadcasters into mandating HD DRM?

Could I remind you that despite the 'Bellamy v the Information Commissioner and the DTI' Information Tribunal case, the House of Lords Three Rivers case, (Three Rivers District Council and others (Respondents) v. Governor and Company of the Bank of England (Appellants)[2004] UKHL 48 on appeal from:[2002] EWHC 2730) suggested privilege does not cover all situations where legal advice relates to business matters. Additionally the court suggested that copies of, or discussion about such legal advice may not be privileged if such copies/discussions pertain to non privileged purposes.

And thanks again for your always helpful, organised and courteous responses.

Yours sincerely,

Ray Corrigan

FOI Enquiries, British Broadcasting Corporation

Dear Mr Corrigan,

We have received your request for an internal review of our handling of
your request relating to legal advice sought by the BBC in relation to
HD content management, made under the Freedom of Information Act.
Specifically, you would like a review of our decision to withhold copies
and summaries of that legal advice under the exemption provided in s42
of the Act (legal professional privilege).

Your request for an internal review was received on 23rd September and
we shall endeavour to deal with the review as promptly as possible and,
at the latest, within 30 working days, i.e. by 4th November. If you have
any queries please contact us at the address below.

The reference number for your internal review is IR2011027.

Kind regards

Rachael Ward
Information Policy and Compliance

BBC Freedom of Information
Room 2252, White City
201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

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FOI Enquiries, British Broadcasting Corporation

1 Attachment

Dear Mr Corrigan,

Please find attached the BBC's response to your request for an internal
review of the handling of your request (RFI20111060). We are aware that
we have not met the timeframe set out in our acknowledgement email and
for this we apologise.

You will note that the reviewer concludes that there is one document
that is captured by your original request which he believes should be
disclosed, subject to any other applicable exemptions under the Act. We
are now in the process of reviewing this document and we will endeavour
to provide you with our full response by Friday 25th November.

Kind regards

Rachael Ward
Adviser, Information Policy and Compliance

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: www.bbc.co.uk/foi/
Email: mailto:[BBC request email]
Tel: 020 8008 2883 Fax: 020 8008 2398

show quoted sections

Dear Ms Ward,

Thank you for your response to my application for an internal review of the handling of my FoI request (RFI20111060). Given the care and effort that has been involved, it is understandable that your response took slightly longer than originally anticipated.

Please also pass on my thanks to Mr Attfield for his comprehensive and thoughtful review.

I look forward to receiving a copy of the "Draft Submission" by Friday 25th November.

Yours sincerely,

Ray Corrigan

Dear Ms Ward,

Just a reminder relating to my FoI request (RFI20111060).

I had anticipated receiving a copy of the "Draft Submission" document by Friday 25th November, following Mr Attfield's review.

I wonder if you could update me on the status of this disclosure. Thank you.

Yours sincerely,

Ray Corrigan

FOI Enquiries, British Broadcasting Corporation

2 Attachments

Dear Mr Corrigan,

Please find attached a further response from the BBC in respect of your
request for copies of legal advice in relation to DRM, our reference
RFI20111060. We apologise for the delay in providing this to you following
the internal review of our handling of this request.

<<RFI20111060 - further response following IR.pdf>> <<RFI20111060 -
Disclosure following IR.pdf>>
Kind regards,

Rachael Ward
Adviser, Information Policy and Compliance    

BBC Freedom of Information
Room 2252 WC, 201 Wood Lane
London W12 7TS, UK

Website: [1]www.bbc.co.uk/foi/
Email: [2]mailto:[BBC request email]
Tel: 020 8008 2883    Fax: 020 8008 2398

 
[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi/
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/