Of 4 Reference

Reference: 757971

Jerin John Information Rights Adviser Information.requests@ofcom.org.uk

29 August 2019

Freedom of Information: Right to know request Thank you for your request for information about The Nolan Show, broadcast on BBC Radio Ulster.

This was received by Ofcom on 14 August and it has been considered under the Freedom of Information Act 2000.

You asked:

I wanted to make an FOI request to find out the number of complaints made specifically in Northern Ireland about The Nolan Show on BBC Radio Ulster in 2018, 2017, 2016, 2015?

I also wanted to ask what percentage of the total complaints made in Northern Ireland these figures make up?

Our records show 12 complaints for the Stephen Nolan Show on BBC Radio Ulster from people registering a complaint with a Northern Ireland postcode as follows:

Programme Service Transmissio Issues Outcomes Closed date n Date

The Stephen BBC Radio 07/04/2016 Crime Not Pursued 28/04/2016 Nolan Show Ulster

The Stephen BBC Radio 12/04/2016 Generally accepted Not Pursued 29/04/2016 Nolan Show Ulster standards

The Stephen BBC Radio 07/04/2016 Crime Not Pursued 28/04/2016 Nolan Show Ulster

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The Nolan BBC Radio 01/02/2017 Religious/Beliefs Not Pursued 10/02/2017 Show Ulster discrimination/offe nce The Stephen BBC Radio 21/03/2017 Generally accepted Not Pursued 25/04/2017 Nolan Show Ulster standards

The Stephen BBC Radio 21/03/2017 Generally accepted Not Pursued 25/04/2017 Nolan Show Ulster standards

The Stephen BBC Radio 20/04/2017 Generally accepted Refer to BBC 27/04/2017 Nolan Show Ulster standards

The Nolan BBC Radio 24/05/2017 Elections/Referend Refer to BBC 25/05/2017 Show Ulster ums

The Nolan BBC Radio 19/12/2016 Due Outside of 04/06/2018 Show Ulster impartiality/bias remit

The Nolan BBC Radio 24/04/2018 Due Refer to BBC 01/05/2018 Show Ulster impartiality/bias

As indicated above, no complaints were received in 2015, 5 in 2016, 5 in 2017 and 2 in 2018.

To assist your request for the above complaints as a percentage of the total complaints made in Northern Ireland, total complaints about any programme across all broadcasters from people registering a complaint with a Northern Ireland postcode in each calendar year are as follows:

• 2015 – 516 complaints • 2016 – 363 complaints • 2017 – 323 complaints • 2018 – 1,502 complaints

Please note that our search only captures cases recorded where the complainant has registered a Northern Ireland postcode, and would exclude cases where that information has not been provided (for example, a very limited number of complaints which may be received and logged by Ofcom via e-mail or telephone call without providing a full postal address).

By way of background, where we have received complaints about a radio broadcaster, we follow our Procedures for investigating breaches of content standards for television and radio, available here: https://www.ofcom.org.uk/tv-radio-and-on-demand/information-for- industry/guidance/procedures.

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Please note that under new BBC procedures from 22 March 2017 Ofcom can normally only consider complaints about BBC programmes where the complainant has already complained to the BBC, and the BBC has reached its final decision.

Individual complaints received by us are assigned to cases. A case is opened when we are assessing a specific programme or issue and consist of one or more complaints. We assess every complaint we receive. After making an initial assessment of the complaint and a consideration of the related content, we will consider whether there may have been a breach of the Broadcasting Code, or other Ofcom codes and licence conditions. Where we consider there may have been a breach, we will launch an investigation.

The possible outcomes of an investigation are that we judge an issue is in breach, resolved or not in breach of our rules. Our Broadcast and On Demand Bulletin, published every fortnight on our website, includes decisions about the complaints we have considered. The Bulletin covers a range of cases, including those which we have escalated for full investigation, and those which, after careful assessment, we have decided not to pursue because they did not raise issues warranting investigation. The Bulletins can be accessed on our website here: https://www.ofcom.org.uk/aboutofcom/latest/bulletins/broadcast-bulletins.

If you have any queries, please contact [email protected]. Please remember to quote the reference number above in any future communications.

Yours sincerely,

Jerin John

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If you are unhappy with the response or level of service you have received in relation to your request from Ofcom, you may ask for an internal review. If you ask us for an internal review of our decision, it will be treated as a formal complaint and will be subject to an independent review within Ofcom. We will acknowledge the complaint and inform you of the date by which you might expect to be told the outcome. The following outcomes are possible: • the original decision is upheld; or • the original decision is reversed or modified.

Timing If you wish to exercise your right to an internal review you should contact us within two months of the date of this letter. There is no statutory deadline for undertaking internal reviews and it will depend upon the complexity of the case. However, we aim to conclude all such reviews within 20 working days, and up to 40 working days in exceptional cases. We will keep you informed of the progress of any such review. If you wish to request an internal review, you should contact:

Corporation Secretary Ofcom Riverside House 2a Southwark Bridge Road London SE1 9HA

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF

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