Reference: 1036564 Jerin John Information Rights Adviser [email protected] 7 December 2020 Freedom of Information: Right to know request Thank you for your request for information regarding broadcast standards complaints we receive about the BBC after they have completed the ‘BBC First’ process. We received this request on 7 November 2020 and have considered it under the Freedom of Information Act 2000 (“the Act”). Your request You asked: I would be grateful for information relating to the number of complaints made to Ofcom about the BBC. What I mean is the number of complaints that have gone through the BBC’s complaints process and subsequently been referred to Ofcom for consideration. I will repeat, the number of complaints referred to Ofcom after going through the BBC’s complaints process over the last two years and the number of complaints that were upheld by Ofcom during this same period of time, the last two years. 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 took up our role as the independent regulator of the BBC on 22 March 2017. Under the BBC Charter and Agreement, we can usually only consider 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. Our published procedures for handling BBC standards 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. 1 See under ‘When a complaint can be made’ from para 1.24 onwards. Page 1 of 4 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. The BBC First process does not apply to complainants raising issues of Fairness and/or Privacy, which may be made directly to Ofcom. More information on handling Fairness & Privacy complaints is also available on our website: https://www.ofcom.org.uk/__data/assets/pdf_file/0030/99417/procedures-bbc.pdf. Our response The information you have requested is available in Ofcom’s Annual Report and Accounts for the two previous financial years, which are published on our website. For the period 1 April 2018 to 31 March 20192, Ofcom received 236 complaints about BBC programmes that had completed the BBC First process, of which one was referred for investigation by Ofcom. We also received an additional 1,272 complaints about BBC programmes where, on initial assessment, we found the complainant had not completed the BBC First process before submitting their complaint to Ofcom. In these instances, we redirected the complainant to the BBC. These complaints are published separately under “BBC First” in our Broadcast and On Demand Bulletin (“the Bulletin”). In addition to this, in 2019 we recorded a breach against the BBC for the Sunday Politics Programme where we found that the content was materially misleading under rule 2.2 of the Ofcom Broadcasting Code (“the Code”). Our decision can be found in Issue 377 of the Bulletin3. Moreover, in 2018 we recorded a breach against the BBC for the BBC Radio 4 Today programme where we found that the content raised issues of due impartiality under Rule 5 of the Code. This can be found in Issue 351 of the Bulletin4. For the period 1 April 2019 to 31 March 20205, Ofcom received 233 complaints about BBC programmes that had completed the BBC First process, of which one was referred for investigation by Ofcom. We also received an additional 2,826 complaints about BBC programmes where, on initial assessment, we found the complainant had not completed the BBC First process before submitting their complaint to Ofcom, or we found that the complaint was outside of our remit. In these instances, we redirected the complainant to the BBC. These complaints are also published separately under “BBC First” in the Bulletin. Ofcom’s Annual Report and Accounts for the period 1 April 2020 to 31 March 2021 will be published in the new year, and will provide further information within the scope of your request for 2020. 2 See page 152. 3 See page 7 – 25. 4 See page 12 – 23. 5 See page 165. Page 2 of 4 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, Jerin John Page 3 of 4 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 Page 4 of 4 .