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Information Rights
bbc.co.uk/foi
bbc.co.uk/privacy
Charles Ghose
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
31 July 2020
Dear Mr Ghose,
Freedom of Information request – RFI20200893
Thank you for your request to the BBC of 02 July 2020 seeking the following information under
the Freedom of Information Act 2000 (‘the Act’):
This is a Freedom Of Information Request, regarding the commissioning of :Lambie Nairn to create
BBC Idents for the below date ranges. I have put three different date ranges because Lambie
Nairn created three different BBC Ident packages for those date ranges.
February 18th 1991 - October 4th 1997
October 4th 1997 - March 29th 2002
March 29th 2002 - October 7th 2006
1. What was the process that the BBC took when looking for a design agency to create an Ident
package, for the BBC ident re-branding, for the above date ranges?
2. Why was Lambie Nairn chosen in each above date range to create idents for the BBC?
Please if possible include reasons from meeting minutes.
3. How much did it cost the BBC to have Ident packages created during the each above date
range? Please provide if possible, totals for each date range.
4. Who are the copyright owners of each BBC Ident package for the above date ranges?
5. When the BBC stopped broadcasting these Ident packages for the above date ranges, what has
now become of these Ident packages?
6. What was Lambie Nairn's role in the creation of each Ident Package for the above date ranges?
7. Was the music in each of the Ident Packages for the above date ranges provided by Lambie
Nairn?
8. Why after October 7th 2006 onwards did the BBC not commission Lambie Nairn to create an
Ident package for the BBC?
9. If possible please provide the storyboards for each Ident package for the above date ranges.
10. If possible please provide all the tecnical specifications/details of each Ident package for the
above date ranges. For example Ident Package names, titles of clips, length of clips etc.
link to page 2
The information you have requested is excluded from the Act because if held it would be held for
the purposes of ‘journalism, art or literature.’ The BBC is therefore not obliged to provide this
information to you and wil 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.
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
al 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. However, the BBC makes a huge range of information
available about our programmes and content on bbc.co.uk.
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, tel: 0303 123 1113 or see
http://www.ico.org.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,
Information Rights
BBC Legal
1 For more information about how the Act applies to the BBC please see the enclosure which fol ows this letter.
Please note that this guidance is not intended to be a comprehensive legal interpretation of how the Act applies to the
BBC.
Freedom of Information
From January 2005 the Freedom of Information (FOI) Act 2000 gives a general right of access
to al 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 al public bodies and government
departments in the UK. The BBC, Channel 4, S4C and MG Alba are the only broadcasting
organisations 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 Audience Services 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 Audience Services.
The Act does apply to al of the other information we hold about the management and
running of 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 one of Europe's most widely visited content sites.
Around the world, international multimedia broadcaster BBC World Service delivers a wide
range of language and regional services on radio, TV, online and via wireless handheld devices,
together with BBC World News, the commercially-funded international news and
information television channel.
The BBC's remit as a public service broadcaster is defined in the BBC Charter and
Agreement. It is the responsibility of the Ofcom (the BBC’s independent regulator) to ensure
that the organisation delivers against this remit by setting key objectives, approving strategy
and policy, and monitoring and assessing performance. Ofcom also safeguard the BBC's
independence and ensure the Corporation is accountable to its audiences and to Parliament.
