Decision to pause advertising on GBNews

Dear Trevor,
 
I am writing to acknowledge receipt of your Freedom of Information
Request.
 
Your request is receiving our attention and you will hear from us again
within 20 working days at the latest.
 
Yours sincerely
 
Daniel Webb
 
Mr Daniel Webb | Senior Manager, Information Rights
Information Rights, University Secretary’s Office
The Open University, Level 5, Charles Pinfold Building, Walton Hall,
Milton Keynes, MK7 6AA
Tel: +44 (0) 1908 653994
[1][Open University request email]
 
 
 
 
 

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Dear Mr Cooper,

We write further to your email dated 18^th June containing a request for
information under the Freedom of Information Act 2000 (“FOIA”).

Duty to confirm or deny

The University confirms that it partly holds the information forming your
Request as stated below.  

Communication

Under FOIA, the University has an obligation to provide requesters with
information that it holds in a recorded format at the time of the request,
subject to any applicable exemptions. Some of the information that you
have requested is exempt from disclosure as set out under submitted
questions (in bold) below.

1. Please publish all documents relating to this particular decision,
including but not limited to emails and notes of meetings and
conversations.

The University holds this information but is unable to release it, as to
do so would exceed more than an estimated 18 hours staff time; the
University is consequently exempting the request under Section 12 of the
FOIA .  The information you have requested spans a wide variety of
correspondence by staff members across several communication channels over
an extracted time period. Communication relating to pausing advertising on
GB news were incorporated with other correspondence and not necessarily
expressly marked. We consequently estimate that identifying the requested
information would take substantially more than 18 hours to complete.
However, under S16 (1) of the FOIA a public authority is required to
provide advice and assistance where section 12 is applied to enable the
requester to re-submit their question within the time limit; we would
therefore advise you to consider limiting the remit of your request in
either in terms of a date period or category of information.

2. Please provide a list of all other media of any sort which your
organisation has decided to boycott within the last three years because of
their editorial stance, including the reasons behind such decisions. This
includes temporary boycotts, however short, and boycotts since rescinded. 

The University does not hold this information as it does not “boycott” or
expressly sanction against any form of external media communication.

3.  Please publish all general policy documents guiding decisions about
which media should be boycotted because of their editorial stance. 

The University holds no policies in relation to the boycotting or sanction
of external media communication.

Review

If you have any concerns about the way the University has observed the
provisions of the Freedom of Information Act you may apply for your
request to be reviewed.  Freedom of Information Reviews are considered by
the University Secretary or his delegate.  Your request must be submitted
within 40 working days of receipt of this letter/email. Reviews should be
addressed to the above [1]inbox, entitled “FOIA Review”, and should set
out the reasons for the review.   You will have a further right of appeal
to the [2]Information Commissioner’s Office.

Yours sincerely,

Daniel Webb

Daniel Webb| Senior Manager Information Rights

University Secretary’s Office

The Open University, Level 5 (217), Charles Pinfold Building, Walton Hall,
Milton Keynes, MK7 6AA

Tel: +44 (0) 1908 332871

References

Visible links
1. mailto:[email address]
2. https://ico.org.uk/

Dear Mr Cooper,
 
Thank you for your response.  It is likely that a revised request limited
to  all documentation  ( “including but not limited to emails and notes of
meetings and conversations”) created within 48 hours of an announcement on
Twitter that the Open University is 'pausing' advertising on GBNews would
fall within the time limit of the request.
However once we have located the information we will need to consider
whether other exemptions may apply.
 
Once confirmed we will respond to you within 20 working days of receipt.
 
 
 
 
Daniel Webb
 
Mr Daniel Webb | Senior Manager, Information Rights
Information Rights, University Secretary’s Office
The Open University, Level 5, Charles Pinfold Building, Walton Hall,
Milton Keynes, MK7 6AA
Tel: +44 (0) 1908 653994
[1][Open University request email]
 
 
 
 
 

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Dear Trevor

I am writing to acknowledge receipt of your Freedom of Information Request.

Your request is receiving our attention and you will hear from us again within 20 working days at the latest.

Yours sincerely

Freya Austin

Freya Austin | Information Rights Assistant,
Information Rights, University Secretary’s Office
The Open University, Level 5, Charles Pinfold Building, Walton Hall, Milton Keynes, MK7 6AA
Email: [Open University request email]  

Freedom of Information Publication Scheme

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Dear Mr Cooper,

We write further to your revised request for information under the Freedom
of Information Act 2000 (“FOIA”).

Your revised request enabled us to identify and locate the information
within the “appropriate limit” of 18 hours individual staff time. We can
now confirm that the University does holds the information forming your
Request.  However the University has, after very careful consideration,
applied a separate and specific exemption and will not be able to supply
the information requested.

The University is withholding the information under section 36(2)(b)(ii)
of the FOIA, where release is likely to inhibit the “free and frank
exchange of views for the purposes of deliberation”. In accordance with
the requirement of section 36 we have consulted the Vice Chancellor who
has confirmed their view that release would have a “chilling effect” on
the free and frank discussion necessary by staff to deliver effective and
appropriate communication decisions.

In addition to the above considerations, in applying section 36 of the
FOIA, the University has to apply a “public interest test” where the
public interest in disclosure is weighed against the public interest in
maintaining the exemption. The University recognises that there may be a
potential public interest in understanding why the University paused
advertising on GB News; however we consider this has been adequately
addressed in [1]a public statement issued by the University on 17^th June.
In contrast there is a public detriment in inhibiting the free and frank
exchange of views in order to ensure that the OU, as a large public
authority and the leading UK institution in distance learning, makes
appropriate and cost effective decisions on how it manages its external
communications.  In summary, the public interest in protecting the ‘safe
space’ which is required to develop ideas, debate live issues, and reach
decisions away from external challenge outweighs the public interest in
disclosing information to increase a marginal level of further
transparency.

I can conclude that we have now completed your request under the Freedom
of Information Act, If you have any concerns about the way the University
has observed the provisions of the Act you may apply for your request to
be reviewed.  Freedom of Information Reviews are considered by the
University Secretary or his delegate.  Your request must be submitted
within 40 working days of receipt of this email. Reviews should be
addressed to the above inbox, entitled “FOIA Review”, and should set out
the reasons for the review.  Specific details of your concerns will help
us focus any review you wish us to take forward.

Yours sincerely,

Daniel Webb

Daniel Webb| Senior Manager Information Rights

University Secretary’s Office

The Open University, Level 5 (217), Charles Pinfold Building, Walton Hall,
Milton Keynes, MK7 6AA

Tel: +44 (0) 1908 332871

References

Visible links
1. https://ounews.co/around-ou/university-n...