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Information Rights
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bbc.co.uk/privacy
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19 July 2021
Dear Mr Tom Phillips,
Freedom of Information request – RFI20211056
Thank you for your request to the BBC received on 21 June 2021 seeking the following
information under the Freedom of Information Act 2000 (‘the Act’):
“
…figures for how much the BBC has spent on creating content for Tik Tok in 2018,
2019, 2020 and to date 2021?
…how much the BBC has spent on producing Tik Tok adverts in the same time frame? ”
If held, the information you requested is held for the purposes of ‘art, journalism or
literature’. The Act provides that the BBC is not obliged to disclose this type of information
and we will not be disclosing the information on this occasion.
Legal explanation
Part VI of Schedule 1 to the Act 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 .
This is an important way that the BBC and other public service broadcasters can preserve
their independence by ensuring information about matters including editorial decisions
about programming and budgets allocated to such programming, are not subject to undue
public scrutiny. It is important that the BBC is an independent and impartial news
organisation.
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. 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. However, the BBC makes a huge
range of information available about our programmes and content on
https://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
https://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
Freedom of Information
From January 2005, the Act 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, 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
https://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 webs
ite https://bbc.co.uk or contact BBC Audience
Services.
The Act does apply to all 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.
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