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1987

The BBC Gets a New Chairman and a Lot of Trouble

Harvey L. Zuckman The Catholic University of America, Columbus School of Law

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Part of the Communications Law Commons

Recommended Citation Harvey L. Zuckman, The BBC Gets a New Chairman and a Lot of Trouble, COMM. LAW., Winter 1987, at 8.

This Article is brought to you for free and open access by the Faculty Scholarship at CUA Law Scholarship Repository. It has been accepted for inclusion in Scholarly Articles and Other Contributions by an authorized administrator of CUA Law Scholarship Repository. For more information, please contact [email protected]. The BBC Gets a New Chairman and a Lot of Trouble

BY HARVEY L.ZUCKMAN*

"Long live the new Chairman of of one of the most important news Government oversight of the the BBC." In somewhat more pro- and information services in the broadcast media in the United saic terms, this is the chant of the world began to heat up during my Kingdom is much different than in political right in the United King- sabbatical visit to . the United States. There is no reg- dom , but other less lauda- On August 26th, Stuart Young, ulatory agency like the Federal tory cries are coming from the left the Chairman of the BBC, died Communications Commission. wing as a result of the recent death suddenly, precipitating a debate There is a broadcasting depart- of the BBC Chairman and his re- within the government and in Fleet ment in the Home Office to advise placement by an old trade union Street, the print media redoubt, the Home Secretary on major pol- nemesis. over the policies of the BBC, what icy issues for consideration by the This ideological clash over the should be done about them and the Prime Minister and cabinet, and appointment of a leader of the BBC kind of chairman who should be the Department of Trade and In- and, more importantly the future appointed to lead the corporation. dustry controls the grant of fre- quencies. But in order to distance the government from day to day operation of broadcasting and the consideration of program content, a royal charter is issued by each succeeding monarch continuing an independent board of gover- nors. The board of twelve is the BBC and the chairman is first among equals. He or she controls the agenda of the board, sets its tone, molds the budget, and per- haps most importantly, is influen- tial in hiring and firing the top forty staff members, including the Di- rector-General, who are delegated to run the corporation's broad- casting and other communica- tions activities on a daily basis. From Prime Minister Thatcher's perspective, the opportunity to ap- point a new chairman could not have come at a more welcome time. In the past year-and-one-half the board and the staff have been embroiled in a series of controver- sies that have raised questions about the judgment and fairness of the "Beeb" relating to program content. Hard right Tory back- benchers have been in full cry to bring the corporation to heel, per- ceiving an anti-establishment bias in the programming. The first row broke in July of last year when a reporter for The Lon- bu s troaacas rng r-ouse, Lrea t-oruanu orreer, uenlrrIt LUnuuol, oeptenfuer 1 Joo.*s the scaffolding up for refurbishing or for the 'Beeb' to hide from the don Sunday Times posed this ques- legions of its critics?" tion to Mrs. Thatcher at an Inter- democratic Union dinner in Wash- ington. " believe you said to the transmitted in October of last year. American a week ago that The atmosphere of informal reg- the way to down on ulation between the Thatcher Gov- is to starve them of the oxygen of ernment, the Corporation and the publicity. How would you feel if staff had been poisoned. The toxic- one of the British net- ity increased with two additional works like BBC or ITV (the inde- flaps shortly after Mr. Young died pendent commercial television and while the government was con- service) ran a lengthy profile on say sidering his replacement. BBC in its somebody like the Irish chief of "Premier" series on Sunday eve- staff in the near future?" nings ran a four-part program enti- Answering the supposedly hypo- tled "The Monocled Mutineer," a thetical question, the Prime Minis- docudrama about Percy Toplis, who ter replied, "If they were to do that allegedly led at Etaples in northern I would condemn them utterly." the one major mutiny of Mrs. Thatcher had been set up. Such British soldiers during World War a documentary was known to be in I. The officers were all portrayed as the works at BBC and her condem- mean-spirited, unthinking, uncom- nation on the public record made it promising bullies from the upper- impossible for the Home Office to class who brought the mutiny on work quietly behind the scenes as it themselves. Immediately, right wing usually does to convey the govern- Conservative MPs complained pub- ment's concern and to influence the licly and officially to the new Home board's decision whether to air the Secretary Douglas Hurd, who had offending program. This is re- replaced Brittan in a cabinet shuf- British Telecom Tower, Central , ferred to as "playing mood music" fle, that the program was another September 1986. "The tower symbolizes the modem telecommunications system to the corporation out of the hear- example of bias within the BBC. developing in the ." ing of the public. Before this fresh controversy The fat was in the fire and three had even abated, Ian Curteis, a days later the Home Secretary, television writer, accused the BBC Leon Brittan, apparently without staff of cancelling his multimillion Everyone in the media knows of her consulting Mrs. Thatcher, sent dollar drama about the Falklands "short list" of serious candidates for Stuart Young a letter which, while War because he had refused to the top job at BBC but apparently acknowledging the Corporation's make script changes that would no one outside a small group within independent decision making have placed the government's de- the government knew who was on power in the matter, engaged in a cision making during the war in a the list, least of all the political and heavy-handed effort to get the less favorable light. BBC Televi- media reporters at the Laden Times. board to scrap the program, one in sion's managing director denied Within a short period in September a series called "Real Lives." the allegation of bias, saying, "It that venerable floated The board, meeting in special would be irresponsible of the BBC the names of Lord King, chairman session, decided that "it would be at a time when the country is lead- of British Airways, and Sir Patrick unwise for this programme. . . to ing up to an election to embark on Nairne, master of St. Catherine's be transmitted in its present form: a play portraying a Prime Minister College, Oxford. the programme's intention would in office, other ministers and MPs." Apparently, people continue to be misread and mis- The three-hour play was to be were as surprised as the rest of the interpreted." shown next April 2nd, a time when populace when the Prime Minister The decision to change or delete the country is likely to be involved appointed one of their own, Mar- the program and the govern- in a general election campaign, maduke Hussey, a director of ment's handling of the situation in passing in part on the govern- Times and former the first place led to a heated pub- ment's handling of the Falklands managing director. lic debate and a one-day protest War. Normally the appointment of a strike by television journalists Amid calls by Conservative Party newsperson to chair an organiza- blacking out radio and television members for a debate on left-wing tion whose strength has, since its news on all channels including bias over the airwaves at the party's creation, been news and public af- ITV, a service governed by a dif- annual conference in Bourne- fairs would have been greeted with ferent entity, mouth and a protest letter writing near unanimous approbation. But Broadcasting Authority. Ulti- campaign instigated by then Con- this was hardly a normal appoint- mately, the Director-General of servative Deputy Chairman Jeffrey ment. In 1978, the aristocratic BBC reclaimed from a vacillating Archer, who later resigned his party Hussey (Rugby, Oxford, the Gren- board the right to decide when and post in a scandal involving a pros- adier Guards with a wife who is a with what changes the program titute, Mrs. Thatcher made her lady in waiting to the Queen) was would be aired. It was finally choice of a new BBC chairman. at the helm of Lord Thomson's Times newspapers group, which appointment was "outrageous" should attempt to control the here- was generating tremendous losses and that if Labor wins the coming tofore independent corporation by for Thomson. In his attempt, at election the new government making a purely ideological ap- Thomson's behest, to reduce labor would try to remove him, some- pointment of its chairman. costs and labor control of produc- thing never before attempted by There is little doubt that Thatch- tion, Hussey precipitated a long any government. Broadcasting er's appointment is highly ideolog- and bitter strike shutting down the union leader Alan Sapper termed ical, despite Hussey's statements Times for eleven months. This at- the appointment "a disaster" and that he has not attended a political tempt to achieve cost reduction the deputy general secretary of the meeting in forty years and belongs and firmer management control National Union of Journalists, Ja- to no party. Hussey's appointment failed. In the paper was so cob Ecclestone, said, "Mr. Hus- was reportedly sold to the Prime badly weakened that Thomson sold sey's background does not give us Minister by the Home Secretary the Times and to any confidence that he is equipped Mr. Hurd on the basis of his union , owner of to defend the public interest in bashing reputation. And a spokes- the New Post and papers of broadcasting against Government man at the Conservative Party similar stripe around the world. interference and the privatisation Central Office, a bastion of Thatch- Murdoch appointed Hussey a di- lobby." erite sentiment, explained the ap- rector of the Times papers, a more Ecclestone's remark cuts to the pointment as making it "bloody or less ceremonial post. of the matter. Given the long clear" that things would have to It is no wonder then that critical tradition that the government does change at Broadcasting House. reactions to the appointment from not directly interfere with the op- From my observations during the left were not slow in coming. erations and program content of what I thought was the height of Gerald Kaufman, the Labor Party's BBC, the question remains wheth- the turmoil, I conclude that the shadow Home Secretary, said the er a sitting government could and change the Thatcherites seek is one toward greater blandness in pro- cast journalists from the relatively questioning the policies of the gramming and a retreat of broad- modern phenomenon of seriously party in power (here in the United States this goes back only as far as the Vietnam war and the Water- gate scandal). However the turmoil was just be- ginning. In recent months Mrs. Thatcher and her Conservative Party have engaged in of "hard- ball" actions in their drive to bring the BBC into line. At the end of Oc- tober the Conservative Party issued a report unprecedented in British party politics attacking the Beeb for biased and emotional television coverage of the American raid on Libya. It accused the broadcasting organization of promoting anti- American feelings and called for a thorough review of BBC television operations. Then on January 31st of this year, Yard, at the be- hest of the Scottish Lord Advocate, Continued on page 25 BBC GETS NEW CHAIR which could lead to a constitu- journalistic independence. It has Continued from page 11 tional crisis for the government in been maintained for half a century, power. with much metaphorical blood- We Americans as well as the Brit- shed, and it has sometimes been a Conservative Party member of the ish are richer for the "Beeb's" in- abused. But it is admired world- , raided BBC head- dependence. Enterprising BBC wide as a symbol of British political quarters in and seized two reporters and camera operators pluralism and tolerance. It is the one van-loads of tapes and papers relat- around the globe inform us of sto- thing about the BBC that each gov- ing to a scrubbed BBC program on ries the other newsgathering orga- ernment seems eager to change." I the government's secret project nizations miss, including some that for one hope they don't succeed. "Zircon" to put up a spy satellite do not square with the world view over the . taken by Western governments. This attempt at quieting the BBC These stories are then refined by seems doomed to failure just as sim- American news services. And soon ilar attempts to turn back the clock BBC radio's "World Service" will be on broadcast journalism during the available to us in part directly Nixon administration failed. For one through the facilities of American thing, the use of the appointment Public Radio. We also receive cul- power by the Thatcher Government tural, educational and entertain- simply can't carry this much bag- ment programs from BBC television gage. Granted, the BBC Chairman is retransmitted by the Public Broad- an important figure in Britain's casting Service (PBS) and cablecast broadcasting scheme. But his would by the Arts and Entertainment Net- only be one vote for radical change. work, providing viewpoints such as He would have to get a majority of those of the IRA's alleged chief of the Board of Governors to go along. staff to which we might not other- While all members presently serv- wise be exposed. ing are Thatcher appointees, they All in all I must agree with the re- *HarveyZuckman is a Professor are a fairly diverse lot coming from cent assessment of BBC's situation of Law andDirector of the Institute nearly all segments of British soci- made by of the Lon- for Communications Law Studies ety and geographic regions. Radical don Sunday Times. "The irony of the at the Catholic University of Amer- revision of the way the BBC does present row is that the BBC's ica. He is also Emeritus Editor of business would be hard to sell. strongest claim to inviolability is its Communications . Moreover, should the new chair- man attempt a large-scale firing of top management in order to effec- tuate different programming de- cisions, this might well provoke a FROM THE CHAIRMAN beverage advertising). The inter- serious job action by Britain's Continued from page 2 play of commercial speech and broadcast journalists. The last time the First Amendment is a com- they were provoked, there was a tested. Nevertheless, I believe that plex and evolving area of the law, twenty-four hour blackout of news the Electronic Communications one on which our Committee in- on television and radio. It should Privacy Act of 1986 represents a tends to focus special attention in be noted, however, that Alasdair very significant milestone in what a seminar planned for next Spring Milne was forced out as BBCA Di- is obviously an increasingly com- (June 5) in Washington, D.C. More rector-General just two days be- plex environment. details on this and other Forum fore the now famous Scotland Yard I also want to take note of the Committee programs are in- raid without any union job action other excellent articles and com- cluded elsewhere in the Commu- being taken. mentaries in this issue by: FCC nications Lawyer and will be At best the appointment of a new Commissioner and Chairman discussed by me in future Chair- chairman may result in some tem- nominee Dennis Patrick, and FCC man's columns. pering of attitudes at the BBC but General Counsel Diane Killory; Finally, I' happy to welcome that will come only through the James Mooney, President of the back Harvey Zuckman, Editor exercise of gentle persuasion and National Cable Television Asso- Emeritus of Communications diplomacy, skills Mr. Hussey has ciation; Jack Valenti, President of Lawyer, to our shores. Harvey's not previously been noted for. the Motion Picture Association of return is highlighted by his arti- In short, the royal charter sys- America; Cameron DeVore, for- cles that pertain to British broad- tem granting the BBC indepen- mer Chairman of our Forum casting. dence from the government of the Committee on Communications day will likely continue to work Law; and Robert Nelon on com- unless the royal charter itself is re- mercial speech (especially as it voked, an unprecedented action relates to cigarette and alcoholic Richard E.