British Broadcasting Corporation Room BC2 B6 Broadcast Centre White City Wood Lane London W12 7TP
Telephone 020 8008 2882 Email xxx@xxx.xx.xx
Information Policy & Compliance
bbc.co.uk/foi
bbc.co.uk/privacy
Sean Moran
Email to
: xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
10th April 2014
Dear Sean,
Freedom of Information Act 2000 – RFI20140454
Thank you for your request under the Freedom of Information Act (‘the Act’) of 17th March 2014,
seeking:
“1. Does the BBC manufacture its own hand-held TV Licence Fee evasion detectors?
2. Does the BBC manufacture its own van-based TV Licence Fee evasion detectors?
3. Does the BBC hold any patents on any of its different TV Licence Fee evasion detectors? If so
please provide patent numbers.
4. If the BBC doesn't manufacture its own TV Licence Fee evasion detectors (hand-held or van-
based) who does it buy this equipment from and what does each different piece of equipment
cost?”
In response:
1. Does the BBC manufacture its own hand-held TV Licence Fee evasion detectors?
The hand-held detectors are manufactured by the BBC. Certain components, or assembly of those
components, may be commissioned by the BBC from third parties.
2. Does the BBC manufacture its own van-based TV Licence Fee evasion detectors?
The van-based detection systems are manufactured by the BBC. Certain components, or assembly
of those components, may be commissioned by the BBC from third parties.
3. Does the BBC hold any patents on any of its different TV Licence Fee evasion detectors?
If so please provide patent numbers.
Under section 1(1) of the Act, we can confirm that the BBC does not hold the information
you have requested because the BBC does not patent or register designs for such equipment; the
reason for this being that if the BBC registered a patent for such a device, the details (i.e. how it
works) would be made public. Such public availability would potentially aid evasion of the Licence
Fee.
4. If the BBC doesn't manufacture its own TV Licence Fee evasion detectors (hand-held or
van-based) who does it buy this equipment from and what does each different piece of
equipment cost?
We can confirm under section 1(1) of the Act that the BBC holds further information relevant to
your request. However, we are withholding it because we consider that the requested
information is exempt from disclosure under section 31(1)(a), b), (d) and (g) and 2(a) of the Act,
i.e. disclosure would, or would be likely to, prejudice the prevention or detection of crime, the
collection of the licence fee and the BBC’s ability to discharge its public functions in respect of
such matters. This is because it would provide information of use to those seeking to evade
and/or assist others in evading paying the licence fee.
As section 31 is a qualified exemption, we are required by section 2(2) of the Act to assess
whether the public interest in maintaining the exemption outweighs the public interest in
disclosing the information.
Consideration of the public interest test The following factors are in favour of disclosure:
1. Ensuring that the licensing authority is exercising its functions appropriately and
proportionately; and
2. Ensuring that public funds are being appropriately applied, that is:
a.
ensuring that the TV Licensing system is being efficiently run; and
b.
ensuring that value for money is being obtained.
I consider that the above public interest factors in favour of disclosure are served by the
following:
1. The fact that the BBC is inspected by an independent body - the Office of Surveillance
Commissioners - which monitors the BBC’s compliance with legislation regarding
detection every three years, and in doing so ensures that the public are not unfairly or
unlawfully subject to detection.
2. The BBC is required to satisfy the National Audit Office ('NAO') as to the value for money
of the collection and enforcement arrangements and is accountable for the economy,
efficiency and effectiveness of such arrangements. NAO's most recent audit is published on
the NAO website
at www.nao.org.uk.
3. The BBC has reduced the cost of collection from 6.2% of the total licence fee collected in
1991/2, when it took over this responsibility from the Home Office, to 3.0% for the
financial year 12/13. This demonstrates that the TV Licensing system is being efficiently
run. This and further related information is available in the BBC’s annual report (see
www.bbc.co.uk) and the
TV Licensing Annual Review (www.tvlicensing.co.uk/about/our-
performance-AB6/).
In addition, the following factors are in favour of withholding the information:
1. The BBC has a duty to enforce the television licensing system and it is essential that
evasion is kept to a minimum.
2. Part of keeping evasion to a minimum is maintaining uncertainty as to TV Licensing’s
enforcement practices. This includes safeguarding information relating to the details of the
manufacture of any detection equipment that is used by enquiry officers. This uncertainty
contributes to the deterrent effect which is an important part of TV Licensing’s
enforcement strategy.
3. Without an effective deterrent to licence fee evasion, evasion would invariably increase.
This would be to the detriment of the honest majority of people who are properly licensed
and to the overall amount of revenue available to the BBC.
4. An increase in the rate of licence fee evasion would lead to an increase in enforcement
costs and may lead to more prosecutions.
5. An increase in enforcement costs would lead to a decrease in the available funds to be put
towards producing the BBC’s content.
In this instance, the public interest is served by maintaining an effective deterrent to licence fee
evasion. This in turn protects the BBC’s revenue stream and keeps prosecutions to a minimum.
I have concluded that there is a greater public interest in ensuring the effective collection of the
licence fee than in disclosing the information you have sought. I am therefore satisfied, in terms of
section 2 of the Act, that in all the circumstances of the case, the public interest in maintaining the
exemption outweighs the public interest in disclosing the information.
The Information Commissioner has acknowledged in his Decision Notic
e FS50476136 that there is
a very strong public interest in the BBC being able to enforce the television licensing system and in
not disclosing information which could impede the deterrent effect.
Additionally, we would generally withhold information that would reveal a negotiated position (e.g.
pricing) between the BBC and a third party as we would consider such information to be exempt
from disclosure under section 43(2) of the Act as disclosure would be likely to prejudice the
commercial interests of the BBC and/or its supplier.
Appeal Rights
If you are not satisfied that we have complied with the Act in responding to your request, you
have the right to an internal review by a BBC senior manager or legal adviser. Please contact us at
the address above, explaining what you would like us to review and including your reference
number. If you are not satisfied with the internal review, you can 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
http://www.ico.gov.uk/ Yours sincerely,
Kate Leece
Head of Legal and Business Affairs
BBC Future Media and Technology
