Reference: 01133619
Roshni Narayanan Information Rights Advisor Information.requests@ofcom.org.uk
17 March 2021
Freedom of Information: Right to know request Thank you for your request for information in relation to correspondence received from the Democratic Unionist Party (“DUP”) regarding The Nolan Show programme on BBC Radio Ulster.
We received this request on 22 February 2021 and have considered it under the Freedom of Information Act 2000 (“the Act”).
Your request
You asked:
On February 21st 2018 it was reported in the media - https://www.belfasttelegraph.co.uk/news/northern-ireland/dup-reports-nolans-rhi-scandal- coverage-to-ofcom-after-bbcs-slow-and-inefficient-response-36626305.html - that the Democratic Unionist Party in Northern Ireland had made a complaint to Ofcom re: coverage of the RHI scandal on Radio Ulster's Nolan Show.
1) Please forward any correspondence to/ from the DUP relating to this
2) Please confirm if any formal investigation or action took place and the outcome of same
Background
It might be helpful to provide some background on our remit with regard to the BBC and how we handle complaints about content standards in BBC programming.
We assumed our role as the independent regulator of the BBC on 22 March 2017. Under the BBC Charter and Agreement, we can usually only consider standards complaints about BBC programmes where the complainant has already complained to the BBC, and the BBC has reached its final decision. This is known as the ‘BBC First’ process.
Page 1 of 3
Our published procedures for handling BBC complaints, which also includes details about the BBC First process1, are available on our website: 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.
We may in exceptional circumstances intervene at an earlier stage to handle and resolve a complaint which has not been resolved by the BBC. Whether Ofcom decides to intervene at an earlier stage in any such complaint will depend on the relevant facts of the case.
Our response
1) Please forward any correspondence to/ from the DUP relating to this
While we do hold correspondence that falls within the scope of your request, we are unable to disclose this correspondence as we consider that it is exempt under section 44 of the Act. This is because we are prohibited under section 393 of the Communications Act 2003 from disclosing information which relates to a business which we have obtained in the course of exercising our functions in relation to broadcast standards complaints, unless we have the consent of that business or one of the statutory gateways under section 393(2) is met, neither of which applies here. In this case the business is the BBC, the broadcaster of The Nolan Show.
2) Please confirm if any formal investigation or action took place and the outcome of same
We can confirm that we received a due impartiality complaint from the DUP in relation to the BBC Radio Ulster The Nolan Show programme dated 19 December 2016, reported in Bulletin Issue 356 on page 69. As reported in the footnote on page 69, we took no further action in relation to this complaint as it was outside of our remit to consider. This is because due impartiality complaints relate to Section Five (“Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions”) of the Broadcasting Code. The BBC only became subject to the requirements of Section Five of the Code on 22 March 2017. Prior to this date, matters of due impartiality and accuracy with regard to programmes aired on the BBC were regulated by the BBC Trust.
I hope this information is helpful. If you have any further queries, then please send them to [email protected] quoting the reference number above in any future communications.
Yours sincerely,
Roshni Narayanan
1 See under ‘When a complaint can be made’ from para 1.24 onwards.
Page 2 of 3
If you are unhappy with the response you have received in relation to your request for information and/or consider that your request was refused without a reason valid under the law you may ask for an internal review. If you ask us for an internal review of our decision, it will be subject to an independent review within Ofcom.
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 responding to 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 [email protected].
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
Page 3 of 3