BBC bypass FOI

So as a common tin foil head nut i decided to ask bbc a question about iceland.
i asked
''Unhappy with lack of coverage of Iceland’s on-going revolution.
Why ain’t the BBC said a thing about Iceland’s on-going revolution? is there something you MSM
corporations don't want the masses to no? i want the truth under the freedom of information act.''

there reply was...

Freedom of Information request – RFI20111063

Thank you for your request to the BBC of August 28th, making the following request under the
Freedom of Information Act 2000:

Unhappy with lack of coverage of Iceland’s on-going revolution.
Why ain’t the BBC said a thing about Iceland’s on-going revolution? is there something you MSM
corporations don't want the masses to no? i want the truth under the freedom of information act.

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

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.

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.

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. 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

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 Gaelic Media Service (GMS) 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
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.

3

Your request was poorly written & desperately vague.

You need to nail these people very precisely when it comes to FOIA requests. You failed.

reply to post by DoubtingThomas1


how would you have done it?

Originally posted by Prince1of2gold
reply to post by DoubtingThomas1

 

how would you have done it?

Correct spelling of words for starters. As well as being much more specific on the
topic you wanted to get across to them. The entirety of your message is very short
& along with lack of commonsense spelling outside of the internet makes your query
lacking in intellect to those who read your message.

Those are my opinions on how you could have made your letter much better.
- A longer, very specific & detailed question
- Correct spelling/grammar/etc (ie. real world spelling, not internet spelling). Make it look like
you have good writing skills, when you typed out that message.
- Don't make yourself look unintelligent as well as too much of a conspiracy nut.

I'm sure there are more tips to help you in your quest, but that is all I can type at
this moment.

Have a good day.

I would bet a pretty penny or two your request has been emailed to every BBC employee.

Because I would have.

The request was vague and, while you may have a point about lack of coverage of the Icelander's refusal to bail out the bankers, and the ongoing protests and constitutional affairs, (if that is was what you are referring to) it would have been better to address it directly that way. Iceland is really a special case, with such a small population and the huge banking debt's, and there is some kind of investigation ongoing, I think.

Three points.

1. I agree that with other posters that you request was poor. Public bodies such as the BBC will respond intelligently to intelligent requests. Your request would have been in the category of "time waster".
2. As a listener to the BBC I can confirm that there has been coverage. However, in the context of the rest of the world the events in Iceland are pretty irrelevent. Icelandic banks owe loads of money. You may as well be trying to hear about what's going on in Chad.
3. If you think you have been hard done by, appeal to the Information Commissioner.

Regards