British Broadcasting Corporation Room BC2 A4 Broadcast Centre White City Wood Lane London W12 7TP
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Information Rights
bbc.co.uk/foi
bbc.co.uk/privacy
Tatt J
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
16 November 2021
Dear Tatt J,
Freedom of Information Request - RFI20211581
Thank you for your request to the BBC of 19 October 2021 seeking the following information
under the Freedom of Information Act 2000 (‘the Act’):
"In 2020, BBC Milton Keynes recorded a news item with an Undertaker, dressed in full PPE, in
regard to the pandemic and the projected deaths, predicted by Dr Neil Ferguson.
Can you confirm how wide the broadcast was circulated:
1. Was the content broadcast just in Milton Keynes?
2. If it was broadcast in other regions, which regions, be specific?
3. Was it broadcast on the national BBC News 24, if so, for how long, eg: two shows, two days,
please be specific.
4. Please provide a working link to this footage, if one exists.
5. If no working link, please provide a copy of the footage. "
Information to help you in your search.
Please note that below example is only for your guidance and should not limit the scope of the
search for information relevant to the request:
WikiLeaks published historical documents such as the Afghan and Iraq war logs, the US
Diplomatic State Department cables and the Guantanamo detainee files in 2010 and 2011.
These publications are often used by researchers, such as journalists in their work. When the BBC
staff or contractors utilises the Wikileaks archive, produces content which have informed itself on
information found in, or first published by WikiLeaks does it e.g have a guidance how or when a
reference WikiLeaks as the source of their research or qoutation?"
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
link to page 2
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
1.
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
(“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 function. The BBC also 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 wil
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 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.