Jackie Walker
xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
November 27th, 2009
Dear Ms Walker
Freedom of Information request – RFI20091522 Thank you for your request to the BBC of November 2nd, seeking the following information under the
Freedom of Information Act 2000 about the edition of Question Time broadcast on October 22nd:
1. What information either written or verbal was given to the audience prior to them arriving at the studio for
the filming of Question Time on 22nd October 2009? Please supply copies of any written material.
2. What information either written or verbal was given to the audience after arriving at the studio on 22nd
October 2009 and prior to the recording of the show? Please supply copies of any written material.
3. What information was given to the audience after the recording of the show (either written or verbal). Please
supply copies of any written material.
Please note that your request is outside the scope of the Freedom of Information Act 2000 (“the Act”) but
you may be interested in this entry on the Editors’ Blog written by the Executive Editor of Question Time
http://www.bbc.co.uk/blogs/theeditors/2009/10/nick_griffin_on_question_time.html
As has been openly stated here, at every edition of Question Time (and the October 22nd edition was no
different) members of the audience are given a sheet of paper summarising the panellists and telling them
how/where to submit their suggested question. Also, again as is always the case and has been openly stated,
the chairman David Dimbleby talks to the audience before a programme and encourages them to be
themselves: if they want to cheer, applaud, ask a question, laugh, boo, whatever - the key is to be natural
and to engage in the debate. Nothing said or sent to the audience in the preparations for this programme -
either in the run-up or on the night itself - was in any way out of line with normal weekly editorial practice.
We hope you find this helpful. Please note that the information you have requested is excluded from
the Act because it is held for the purposes of ‘journalism, art or literature.’ 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”
1. The BBC is not required by the Act 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;
however, on this occasion we’re happy to provide the above information in response to your
request.
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 telephone 01625 545 700. http://www.ico.gov.uk
Yours sincerely
Stephanie Harris
Head of Accountability, BBC News
1 For more information about how the Act applies to the BBC please see the enclosure at the end of 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 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 and
S4C are the only broadcasters 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
Information 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 Information.
The Act does apply to all of the other information we hold about the management and running of the
BBC.
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
Europe's most widely visited content site. Across the world, the BBC broadcasts radio programmes in
32 languages on the BBC World Service and the 24 hour television service, BBC World News.
The BBC's remit as a public service broadcaster is defined in the BBC Charter and Agreement. It is
the responsibility of the BBC Trust to ensure that the organisation delivers against this remit by
setting key objectives, approving strategy and policy, and monitoring and assessing performance. The
Trustees also safeguard the BBC's independence and ensure the Corporation is accountable to its
audiences and to Parliament. The Trust is supported by a network of advisory bodies across the UK.
Day-to-day operations are run by the Director-General and his senior management team, the
Executive Board. All BBC output in the UK is funded by an annual Licence Fee. This is determined and
regularly reviewed by Parliament. Each year, the BBC publishes an Annual Report & Accounts, and
reports to Parliament on how it has delivered against its public service remit.
