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British Broadcasting Corporation Room BC2 A4 Broadcast Centre White City Wood Lane London W12 7TP
Telephone 020 8008 2882 Email xxx@xxx.xx.xx
Information Rights
bbc.co.uk/foi
bbc.co.uk/privacy
Brendan Harkin
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx 17 July 2019
Dear Brendan Harkin,
Freedom of Information request – RFI20191139
Thank you for your request to the BBC of 4 June 2019 seeking the following information under
the Freedom of Information Act 2000 (‘the Act’):
“With regards specifically to the BBC Nolan radio show on BBC Radio Ulster:
1. How many times, per your records, has the wearing of pyjamas been discussed as a topic on
the show in its episodes/airings.
In terms of directional guidance, example topics have included "Wearing Pyjamas Outdoors" or
"Wearing Pyjamas at the School Gates".
2. On which dates did these episodes/airings take place?”
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 wil 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. 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
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.
(“ECHR”). The BBC, as a media organisation, is under a duty to impart information and ideas on
al 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.
While we have not fulfilled your request for the reasons given above, please note that the editorial
concerns you have identified have been passed on to relevant BBC Northern Ireland staff.
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 (local rate) or +44 1625 545 700 (national rate) 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 Freedom of Information
BC2 A4, Broadcast Centre
201 Wood Lane
London W12 7TP
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 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 Audience Services.
The Act does apply to al 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.
