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
Karin Mabberley
Via email:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx 16 April 2018
Dear Karin Mabberley
Request for Information – RFI20180494
Thank you for your request of 16 March 2018 under the Freedom of Information Act 2000 (‘the Act’)
seeking the following information:
“I see at section 4.1 in the document
BBC
TELEVISION LICENSING
NO LICENCE NEEDED POLICY
and constantly repeated in BBC communications; the phrase
"The BBC has an obligation under the Communications
Act 2003 to enforce the TV Licensing system."
Would you kindly point to the exact phrase in that Act which says so?
I have checked the Act extremely carefully and whereas I can see the BBC has the right to collect the
licence fee from those required to pay it and to obtain a search warrant if it appears that licence fee
evasion is taking place, I cannot, using ordinary dictionary definitions of the English language,
extrapolate from the words in the Act any such obligation for enforcement. Perhaps the obligation
is stated somewhere else? If so please point to the exact phrase that creates the obligation claimed.
?”
Please note that “TV Licensing” is a trade mark used by companies contracted by the BBC to administer
the collection of television licence fees and enforcement of the television licensing system. The majority of
the administration of TV Licensing is contracted to Capita Business Services Ltd (‘Capita’). Over-the-counter
services are provided by PayPoint plc (‘PayPoint’) in the UK, and by the Post Office in the Isle of Man and
Channel Islands. Target Group (‘Target’) is the supplier for the Simple Payment Plan trial. Marketing and
printing services are contracted to Proximity London Ltd. Media services are contracted to Media Planning
Limited trading as Havas Media UK. The BBC is a public authority in respect of its television licensing
functions and retains overall responsibility.
As you will be aware from my responses to your previous requests under the Act, the Act gives a general
right of access to all types of recorded information held by public authorities; and we are not required to
create new information to respond to a request, or give a judgement or opinion that is not already
recorded. We are not obliged to provide you with an interpretation of the overarching legislation in respect
of TV Licensing and therefore your query falls outside the scope of the Act.
In line with our duty to advise and assist you under section 16 of the Act, I can tell you that all TV Licensing
statements concerning its remit and activities are consistent with the provisions of the Communications Act
and associated Regulations.
Appeal Rights
If you are not satisfied that the BBC has complied with the Act in responding to your request you have the
right to an internal review by a BBC senior manager or legal adviser. Please contact us at the address above,
explaining what you would like us to review under the Act and including your reference number. If you are
not satisfied with the internal review, you can appeal to the Information Commissioner. The contact details
are: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF. Tel: 0303 123
1113 (local rate) or 01625 545 745 (national rate) or see
http://www.ico.org.uk/. Kind regards
Rupinder Panesar
Freedom of Information Advisor, TV Licensing Management Team
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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
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 BBC Trust (the sovereign body within the BBC) 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.
Day-to-day operations are run by the Director-General and his senior management team, the Executive
Board. All BBC output in the UK 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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