Kelly S Garraway
xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
01 October 2009
Dear Kelly Garraway
Freedom of Information request – RFI20091351
Thank you for your request of 27th September 2009 under the Freedom of Information Act 2000
seeking the following information:
I request all information held regarding complaints about subliminal messages taking place in
programs that have been broadcast along with the name of the program/s, when they were
shown and what action the BBC took..
Please note that the information you have requested is excluded from the Act because it is held
for the purposes of ‘journalism, art or literature.’ 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” 1. The BBC is not
required by the Act 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.
However you may be interested to know that the BBC prohibits the use of images of brief
duration in its editorial guidelines. Please see the attached link below:
http://www.bbc.co.uk/guidelines/editorialguidelines/edguide/harm/imagesofverybri.shtml
In addition, with respect to your request for information regarding complaints about subliminal
broadcasts, the BBC has chosen not to volunteer information relating to audience feedback for
several very good reasons, chief amongst them being a desire to maintain our independence and
impartiality.
1 For more information about how the Act applies to the BBC please see the attached information sheet. Please note
that this guidance is not intended to be a comprehensive legal interpretation of how the Act applies to the BBC.
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
function.
The Information Commissioner’s Office has recognised the importance of Schedule 1 of the Act in
protecting the independence of the media, stating that:
“It is the Commissioner’s view that the ultimate purpose of the derogation (Schedule 1) is to
protect journalistic, artistic and literary integrity by carving out a creative and journalistic space for
programme makers to produce programmes free from the interference and scrutiny of the
public.”2
The BBC agrees that we have the right to protect our journalistic and editorial independence by
maintaining just such a private space in which to produce our content. This extends to the sifting
and review of praise and criticism from audiences, which is important part of the BBC’s process of
creating and improving programmes. Despite the BBC’s obligation to be independent and
impartial, many bodies, groups and individuals attempt to influence our output. This pressure takes
many forms and has to be resisted by programme makers across the BBC.
If the BBC and other public broadcasters were obliged to disclose audience feedback, this would
damage our independence by impeding the ability of the programme maker to weigh complaints,
praise and other comments alongside other elements of feedback on a programme as would
his/her ability to come to their own journalistic judgement without public scrutiny.
I hope this provides you with some understanding of why this is an important concern for the
BBC.
For your information, the ICO has agreed with the BBC’s interpretation that information
pertaining to audience feedback falls outside the scope of the Act, stating that:
‘…fundamentally the complaints are about, and intended to influence, content. Despite
other applications complaints information is intrinsically linked with the creative purposes
for which the BBC was established.’
2 ICO Reference: FAC0070848
Appeal Rights
If you are not satisfied with this response you have the right to appeal to the Information
Commissioner. The contact details are: Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 01625 545 700 or see
www.informationcommissioner.gov.uk
Kind regards,
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 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 Information.
The Act does apply to all of the other information we hold about the management and running of the
BBC.
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 33 languages on the BBC World Service and the 24 hour television service, BBC
World.
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. The BBC 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.
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