"Scientology - The Road to Total Freedom?", Panorama, 1987-04-27

William Thackeray made this Freedom of Information request to British Broadcasting Corporation

The request was refused by British Broadcasting Corporation.

From: William Thackeray

26 September 2010

Dear British Broadcasting Corporation,

This is a request for information under FOIA.

Please send the information to me in electronic format at this
email address, or make it available to the general public online.

1) Please release the following programme:

"Scientology - The Road to Total Freedom?", Panorama, 27/04/1987

2) Please release a transcript of the programme, if one exists.

Many thanks.

Yours faithfully,

William Thackeray

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From: FOI Enquiries
British Broadcasting Corporation

27 September 2010

Dear Mr Thackeray,

Thank you for your request for information under the Freedom of
Information Act 2000, repeated below, which was received on 26th
September 2010.

We shall deal with your request as promptly as possible and, at the
latest, within 20 working days.

If you have any queries about your request please contact us at the
address below.

The reference number for your request is RFI20101297 - please quote this
on all future correspondence concerning this request.

Yours sincerely,
Information Policy and Compliance Team
BBC Freedom of Information
Room 2252
BBC White City
201 Wood Lane
London W12 7TS, UK
Website: www.bbc.co.uk/foi/
Email: mailto:[BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398

-----Original Message-----
From: William Thackeray
[mailto:[FOI #48249 email]]
Sent: 26 September 2010 22:41
To: FOI Enquiries
Subject: RFI20101297 - "Scientology - The Road to Total Freedom?",
Panorama, 1987-04-27

Dear British Broadcasting Corporation,

This is a request for information under FOIA.

Please send the information to me in electronic format at this
email address, or make it available to the general public online.

1) Please release the following programme:

"Scientology - The Road to Total Freedom?", Panorama, 27/04/1987

2) Please release a transcript of the programme, if one exists.

Many thanks.

Yours faithfully,

William Thackeray

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This e-mail (and any attachments) is confidential and may contain personal views which are not the views of the BBC unless specifically stated.
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From: FOI Enquiries
British Broadcasting Corporation

8 October 2010


Attachment RFI20101298 final response.pdf
90K Download View as HTML


<<RFI20101298 - final response.pdf>>
Dear Mr Thackeray,

Thank you for your request for information dated 26th September 2010 and I
now enclose our response.

H Padley
Advisor - Information Policy & Compliance

BBC Freedom of Information
Room 2252, BBC White City
201 Wood Lane
London W12 7TS

[1]www.bbc.co.uk/foi
Email: [2][BBC request email]

Tel: 020 8008 2882
Fax: 020 8008 2398

[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

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William Thackeray left an annotation ( 8 October 2010)

Quote-marks Attachment says:

October 8th, 2010

Dear Mr Thackeray

Freedom of Information request – RFI20101298

Thank you for your request to the BBC of September 26th, making the following request under
the Freedom of Information Act 2000:

This BBC News article: http://news.bbc.co.uk/panorama/hi/front_...
refers to communications received by the BBC from 'Scientology's UK lawyers at Carter-Ruck'.

1) Please release these communications.

2) Please release any reply made by the BBC.

3) Please release any other communications to or from Carter-Ruck or any other Scientology representative
concerning John Sweeney, Panorama, or Scientology.

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 will 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

1 For more information about how the Act applies to the BBC please see the enclosure which follows this letter.
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.

That said, 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

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

Stephanie Harris
Head of Accountability, BBC News

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William Thackeray left an annotation ( 8 October 2010)

Quote-marks Ignore annotation- wrong request.

Link to this

William Thackeray left an annotation ( 8 October 2010)

Quote-marks Oh - their mistake not mine.

Link to this

From: William Thackeray

8 October 2010

Dear BBC,

I've made two FOI requests; you seem to have got them mixed up.

Should I assume that your reply to this request was intended for:
http://www.whatdotheyknow.com/request/ca...
?

Thank you for your time and assistance.

Yours sincerely,

William Thackeray

Link to this

From: FOI Enquiries
British Broadcasting Corporation

8 October 2010

Dear Mr Thackeray,

I apologise for the error and you are correct to assume that RFI20101298
is intended for
http://www.whatdotheyknow.com/request/ca...

I will send you the response to the correct email address.

Yours sincerely

H Padley
Advisor - Information Policy & Compliance

BBC Freedom of Information
Room 2252, BBC White City
201 Wood Lane
London W12 7TS

[1]www.bbc.co.uk/foi
Email: [2][BBC request email]

Tel: 020 8008 2882
Fax: 020 8008 2398

-----Original Message-----
From: William Thackeray
[mailto:[FOI #48249 email]]
Sent: 08 October 2010 18:21
To: FOI Enquiries
Subject: Re: RFI20101298 - your request for information

Dear BBC,

I've made two FOI requests; you seem to have got them mixed up.

Should I assume that your reply to this request was intended for:
http://www.whatdotheyknow.com/request/ca...
?

Thank you for your time and assistance.

Yours sincerely,

William Thackeray

-----Original Message-----

<<RFI20101298 - final response.pdf>>
Dear Mr Thackeray,

Thank you for your request for information dated 26th September
2010 and I
now enclose our response.

H Padley
Advisor - Information Policy & Compliance

BBC Freedom of Information
Room 2252, BBC White City
201 Wood Lane
London W12 7TS

[1]www.bbc.co.uk/foi
Email: [2][BBC request email]

Tel: 020 8008 2882
Fax: 020 8008 2398

[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain
personal
views which are not the views of the BBC unless specifically
stated.
If you have received it in error, please delete it from your
system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

-------------------------------------------------------------------
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

Please use this email address for all replies to this request:
[FOI #48249 email]

If you find WhatDoTheyKnow useful as an FOI officer, please ask
your web manager to suggest us on your organisation's FOI page.
-------------------------------------------------------------------

http://www.bbc.co.uk/
This e-mail (and any attachments) is confidential and may contain personal views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

hide quoted sections

Link to this

From: FOI Enquiries
British Broadcasting Corporation

19 October 2010


Attachment RFI20101297 final response.pdf
91K Download View as HTML


<<RFI20101297 - final response.pdf>>

Dear Mr Thackeray,

I refer to your request for information dated 26th September 2010 and now
enclose our response.

Yours sincerely,

H Padley
Advisor - Information Policy & Compliance

BBC Freedom of Information
Room 2252, BBC White City
201 Wood Lane
London W12 7TS

[1]www.bbc.co.uk/foi
Email: [2][BBC request email]

Tel: 020 8008 2882
Fax: 020 8008 2398

[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain personal
views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

Link to this

From: William Thackeray

19 October 2010

Dear H Padley,

The BBC has the option to release this information voluntarily,
outside of its obligations under FOIA.

Would it consider doing so?

Similar information is currently available on the BBC website at:
http://www.bbc.co.uk/programmes/b00v1ykr

Thank you.

Yours sincerely,

William Thackeray

Link to this

From: FOI Enquiries
British Broadcasting Corporation

22 October 2010

Dear Mr Thackeray,

Thank you for your email of 19th October 2010.

The BBC receives a large number of requests from the public for copies
from its archive. The BBC does not provide copies of programmes
voluntarily, outside the scope of the Act, because of copyright issues
and the huge cost that would be involved if we were to provide copies to
everyone who requested them. As you will appreciate, this would not be a
fair use of licence-fee payers' money; the BBC is required to maximise
the amount of licence-fee funds spent on producing new content for all
of its audience to enjoy.

Individuals who have taken part in a programme can request a viewing
copy, but have to pay transfer costs. The process for requesting this is
to apply via the online contributor access application process by
clicking on the following link:
https://faq.external.bbc.co.uk/templates...
Terms
Alternatively if you do not have internet access you can make enquiries
by phone to: 0870 333 8998

Similarly, the cost involved in providing copies of scripts voluntarily
would not be a fair use of the licence-fee payers' money.

I am sorry that this response will be disappointing to you, but I hope
the above explains why the BBC does not provide copies of its programmes
and scripts to the public.

Kind regards

H Padley
BBC Information Policy and Compliance
Room 2252
White City
201 Wood Lane
London
W12 7TS

Website: www.bbc.co.uk/foi
Email: [BBC request email]
Tel: 020 8008 2883
Fax: 020 8008 2398
-----Original Message-----
From: William Thackeray
[mailto:[FOI #48249 email]]
Sent: 19 October 2010 15:43
To: FOI Enquiries
Subject: RFI20101297 - your request for information

Dear H Padley,

The BBC has the option to release this information voluntarily,
outside of its obligations under FOIA.

Would it consider doing so?

Similar information is currently available on the BBC website at:
http://www.bbc.co.uk/programmes/b00v1ykr

Thank you.

Yours sincerely,

William Thackeray

-----Original Message-----

<<RFI20101297 - final response.pdf>>

Dear Mr Thackeray,

I refer to your request for information dated 26th September 2010
and now
enclose our response.

Yours sincerely,

H Padley
Advisor - Information Policy & Compliance

BBC Freedom of Information
Room 2252, BBC White City
201 Wood Lane
London W12 7TS

[1]www.bbc.co.uk/foi
Email: [2][BBC request email]

Tel: 020 8008 2882
Fax: 020 8008 2398

[3]http://www.bbc.co.uk
This e-mail (and any attachments) is confidential and may contain
personal
views which are not the views of the BBC unless specifically
stated.
If you have received it in error, please delete it from your
system.
Do not use, copy or disclose the information in any way nor act in
reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

References

Visible links
1. file://www.bbc.co.uk/foi
2. mailto:[BBC request email]
3. http://www.bbc.co.uk/

-------------------------------------------------------------------
Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

Please use this email address for all replies to this request:
[FOI #48249 email]

If you find WhatDoTheyKnow useful as an FOI officer, please ask
your web manager to suggest us on your organisation's FOI page.
-------------------------------------------------------------------

http://www.bbc.co.uk/
This e-mail (and any attachments) is confidential and may contain personal views which are not the views of the BBC unless specifically stated.
If you have received it in error, please delete it from your system.
Do not use, copy or disclose the information in any way nor act in reliance on it and notify the sender immediately.
Please note that the BBC monitors e-mails sent or received.
Further communication will signify your consent to this.

hide quoted sections

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William Thackeray left an annotation ( 3 November 2010)

Quote-marks Referred to ICO 3 November 2010:

Full details:
http://www.whatdotheyknow.com/request/sc...

The BBC has refused to undertake internal review.

I do not agree that the information is held "for the purposes of journalism, art or literature".

The information is part of an archive, held for historical purposes (like the National Archive).

The BBC Broadcast Archive is described by Peter Skinner, BBC head of Archive Operations at:
http://www.bbc.co.uk/blogs/aboutthebbc/2...
where it is described as a 'preservation programme'.

Adam Lee, BBC Archive Expert, says: "from the mid-1970s … the librarians and archivists became much more closely involved with the active management of the collection"
http://www.bbc.co.uk/archive/tv_archive....
which shows that the BBC Archive is a legitimate historical archive.

The fact that the information is the output of past journalism does not mean that it is held for the purpose of journalism.

The information was created with public money and therefore should be freely available to the public.

Link to this

William Thackeray left an annotation ( 3 November 2010)

Quote-marks More info on the purpose of the BBC Archive:

"The BBC’s obligation to maintain an archive is contained in the Agreement accompanying the Royal Charter. Information and Archives, part of the Future Media & Technology Division is responsible for creating and developing and maintaining the BBC Archive.

The primary role of the archive is to capture published content and documents created by the Corporation in order to create a permanent record of its activities."
http://www.bbc.co.uk/guidelines/dq/conte...

"
86. Archives

(1) The Executive Board must make arrangements for the maintenance of an archive, or archives, of films, sound recordings, other recorded material and printed material which is representative of the sound and television programmes and films broadcast or otherwise distributed by the BBC.

(2) Those arrangements—
(a) must ensure that every such archive is kept safely, to commonly accepted standards,
and
(b) must give the public reasonable opportunities to visit the archives and view or listen to material kept there, with or without charge (as the Executive Board thinks fit).

(3) In making those arrangements, the Executive Board must consult such designated bodies as are engaged in maintaining sound, television and film archives as it considers appropriate.

(4) The BBC must not destroy, sell or otherwise dispose of any material that it has broadcast
or otherwise distributed which it decides not to preserve in any archive without first offering that material, free of charge, to such designated bodies as are engaged in maintaining sound, television and film archives as it considers appropriate.

(5) Where the BBC’s offer is accepted by any body or bodies, the BBC must transfer the material to that body or those bodies.

(6) In this clause, “designated body” means a body that is designated by order of the Secretary of State for Trade and Industry under section 75 of the Copyright, Designs and Patents Act 1988.
"
http://www.bbc.co.uk/bbctrust/assets/fil...

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