Ofcom ref: 00729781 Information Requests Email: information.requests@ofcom.org.uk

8 July 2019

Freedom of Information: Right to Know Request

Thank you for your request for information on complaints about bias in BBC programmes. Your request was received on 17 June 2019 and we are dealing with it under the Freedom of Information Act 2000.

Ofcom’s complaints handling processes and remit over the BBC

For complaints about the BBC, as outlined in our published procedures for investigating breaches of content standards on BBC broadcasting services 1, Ofcom can normally only consider complaints where the complainant has already complained to the BBC and the BBC has reached its final decision.

Complaints about broadcast standards are carefully assessed under Ofcom’s Broadcasting Code2 which sets standards for programme content that broadcasters must follow. In line with Ofcom’s published complaints procedures3 we review every complaint we receive to make an initial assessment. We then assess the relevant broadcast content to consider whether it raises potentially substantive issues under the Code. If we consider that these standards may have been breached, we will investigate. If, following investigation, we conclude that the standards set out in our Code have been breached, we will send a Preliminary View decision to the broadcaster and invite the broadcaster to make representations to Ofcom before reaching a final decision. You can find decisions about complaints we have received in Ofcom’s Broadcast and On Demand Bulletin, published every fortnight on our website here: http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins.

Your request for information

You requested the following information:

1 See: https://www.ofcom.org.uk/__data/assets/pdf_file/0002/100100/Procedures-for-investigating- breaches-of-content-standards-on-BBC-broadcasting-services-and-BBC-on-demand-programme-services.pdf 2 See: https://www.ofcom.org.uk/tv-radio-and-on-demand/broadcast-codes 3 See: https://www.ofcom.org.uk/tv-radio-and-on-demand/information-for-industry/guidance/procedures

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Over the last twelve months, how many complaints have been made to OFCOM regarding lack of due impartiality / political bias against the news programmes on BBC One, BBC News Channel or Sky News?

Of those complaints from the public, how many has OFCOM actually investigated and how many has OFCOM instead decided warranted no further investigation?

We log complaints on our complaints database by category of the complaint issue (with reference to the rules in our broadcasting codes). Complaints related to “lack of due impartiality / political bias” would be logged under the categories “Due impartiality/bias” or “Elections/Referendums”. Complaints logged under the category “Due accuracy”, may also touch on issues of bias, but the main focus of such complaints would be on matters of factual accuracy. Each of these categories relate to rules in Ofcom’s Broadcasting Code.

We have therefore searched for complaints falling within these categories for BBC 1, BBC News Channel and Sky News from 18 June 2018 to the date of your request on 17 June 2019. As you restricted your request to asking about news programmes on these channels, we have excluded all non-news programming, including current affairs programming such as The Pledge, Press Preview, Question Time, Panorama, Victoria Derbyshire and The Andrew Marr Show.

For administrative reasons, complaints received by Ofcom are assigned to a case. A case may comprise a single complaint or a number, where they relate to the same programme or issue. We have provided information in the table to distinguish between the number of complaints received by Ofcom and the number of cases which they generated.

To provide some context on the number of complaints, we have also included the comparative number of complaints received by Ofcom across all the television and radio services we regulate.

Please note that this table includes complaints about the BBC which we were not able to consider, for example, where the complainant had not first pursued their complaint with the BBC before referring the matter to Ofcom. For clarity that figure is included in the table as “BBC first”.

All Broadcasters Sky News BBC 1 BBC News Channel

Complaints logged 1,612 cases (6,377 235 cases (4,002 59 cases (211 63 cases (63 against “Due accuracy”, complaints) complaints) complaints complaints “Due impartiality/bias” or “Elections/Referendums”

Not pursued / no further 1,564 cases (6,302 231 cases 59 cases (211 63 cases (63 action complaints) (3,973complaints) complaints (202 complaints (59 BBC BBC First)) First))

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Still under assessment 20 cases (47 3 cases (3 none none complaints) complaints)

Referred for 28 cases (28 1 case (26 none none investigation complaints) complaints)

As you can see from the above table, Ofcom launched one investigation in this period, which is still under consideration.

We hope this information is of assistance. If you have any queries, then please contact [email protected]. Please remember to quote the reference number above in any future communications.

Yours sincerely,

Information Requests

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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 exception 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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