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
Connor Barclay
Via email
only:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
23 February 2023
Dear Mr Barclay
Freedom of Information request – RFI20230203
Thank you for your request to the BBC of 12 February 2023 seeking the following
information under the Freedom of Information Act 2000 (the “
Act”):
Can the BBC confirm the total sum amount paid in GBP to Shamima Begum, Her legal
representation, and/or immediate family to appear in the documentary "The Shamima
Begum Story", currently available on BBC Iplayer.
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 any information on this occasion.
Legal explanation
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 .
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
2
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, 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 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.
3
