This is an HTML version of an attachment to the Freedom of Information request 'Request methodology uses to select "best experts" to advise the BBC on man made climate change and request records of payments to consultants used by the BBC in the first 3 months of 2006'.

Mike Post 
E mail: 
4 January 2010 
Dear Mike Post, 
Freedom of Information request – RFI20091711  
Thank you for your request to the BBC of 15th January 2009, seeking the following information 
under the Freedom of Information Act 2000:   
 Can you please provide me with the record of the methodology which was used to select the "best 
scientific experts" who were invited to participate in the January 2006 seminar which was used to 
inform the BBC's June 2007 statement of policy on its reporting of the increasing man-made 
climate change controversy.    
Can you also provide me with a complete record of payments made by the BBC to consultants 
employed by the BBC to advise it in January,   February and March 2006. 

The information you have requested is excluded from the Act because it is held for the purposes 
of ‘journalism, art or literature.’  The BBC is therefore not obliged to provide this information to 
you and will 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 This includes information 
about consultancy on content, or events related to content. 
I would like to point out that the Information Commissioners Office has already made a decision 
that information about this seminar is out of scope of the act. 
1 For more information about how the Act applies to the BBC please see the enclosure which follows this letter.  
Please note that this guidance is not intended to be a comprehensive legal interpretation of how the Act applies to the 

You may not be aware that one of the main policy drivers behind 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 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 
That said, the BBC makes a huge range of information available about our programmes and 
content on We also proactively publish information covered by the Act on our 
publication scheme and regularly handle requests for information under the Act.  
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. 
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, 
Lynne Connolly 
Cross Genre Project Manager 
BBC Vision 

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 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 or contact BBC Information. 
The Act does apply to all of the other information we hold about the management and running of the 
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.