Mr Christian Nedrum
Via email: xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
20 May 2008
Dear Mr Nedrum
RFI20080452 - Freedom of Information request Thank you for your email of 28 April requesting:
a copy of the Balen report on the possibility of an anti-Israel bias in BBC Journalism.
The reference number for your request is RFI20080452.
The review in question is currently used by senior editors in BBC News to inform coverage of the
Middle East. The Freedom of Information Act 2000 (“the Act”) does not apply to this document
because the BBC holds this document for the purposes of “journalism, art or literature”.
Schedule I, Part VI of the Act provides that the legislation only applies to information held for
other purposes. We are not therefore obliged 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.
Please note that in 2005 the Information Commissioner upheld the BBC’s decision that the Act
does not apply to this document. More recently, in January 2008, the Court of Appeal refused to
interfere in the Information Commissioner’s decision.
For more information about how the Act applies to the BBC please see
www.bbc.co.uk/foi Please
note that this guidance is not intended to be a comprehensive legal interpretation of how the Act
applies to the BBC.
The BBC makes a huge range of information available about our programmes and content on
bbc.co.uk. 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.
http://www.ico.gov.uk
Yours sincerely,
Fern Kersey
Adviser, Information Policy & Compliance
