Information Commissioner's Office

BBC

22 May 2008, Other

The complainant submitted to two requests to the BBC, the first seeking the total budgets of three BBC shows (Top Gear, Eastenders and Newsnight) and the second seeking the costs of BBC advertisements. The BBC refused to provide the information covered by both requests on the basis that it was held for the purposes of journalism, art or literature. Having considered the circumstances of this case the Commissioner has concluded that the BBC has misapplied the Schedule I derogation and that all of the information covered the complainant’s requests falls within the scope of the Act. During the Commissioner’s investigation the BBC argued, without prejudice to its position on the derogation, that the information covered by the first request was exempt on the basis of section 43(2). The Commissioner has considered the BBC’s arguments and concluded that the information is not exempt on the basis of section 43(2). The Commissioner has ordered the BBC to disclose this information. The BBC also argued that some of the information covered the second request was not held and the remainder of the information was also exempt under section 43(2). With regard to the second request the Commissioner agrees that the some of the requested information is not in fact held by the BBC and that the remainder of the information is exempt from disclosure on the basis of section 43(2). This decision notice is currently under appeal to the Information Tribunal.

FOI 17: Upheld