BBC Editorial Guidelines: Full text

BBC’s Editorial Guidelines set the values and standards for the British public service broadcaster. They apply to all BBC content, regardless of where and how it is received. While they are accessible as a downloadable PDF book, both the Editorial Guidelines and its Guidance are hosted online on dozens of separate pages at the BBC’s website. In an effort to provide a more conveniently searchable resource for journalists and researchers, we have compiled the full text of BBC’s Editorial Guidelines and the Guidance on this single page.

Forewords

Foreword by David Clementi

These Guidelines are an essential element in the delivery of the BBC’s mission; they should be used by all BBC programme and content makers to help deliver what our audiences expect.

The BBC exists to deliver high quality content that informs, educates and entertains our audiences. In doing so, nothing is more important than the BBC’s reputation for independence, impartiality and editorial integrity, combined with the highest levels of creativity.

The public and BBC audiences rightly demand the highest editorial standards from the BBC and it is the job of the BBC Board to ensure that our content – across all services and genres – meets those. The BBC’s Charter charges the Board with upholding the BBC’s editorial and creative independence and this principle is at the heart of these Guidelines. Our public purposes also specifically require the BBC to champion freedom of expression, as well as to provide duly accurate and impartial news, current affairs and factual programming.

The Board takes these responsibilities seriously and these Guidelines, approved by the Board, are designed to help achieve our editorial ambitions across an extensive range of output, both in the UK and around the world.

The Editorial Guidelines are the basis of our accountability to audiences. Following the Guidelines will ensure that we will all deliver the standards expected of us and meet the obligations set out in the Charter.

Sir David Clementi*

Chairman

*Chairman at the time of publication of the guidelines (2019). Chairman was Richard Sharp as of Sept. 2023.

Foreword by Tony Hall

The BBC’s Editorial Guidelines have been at the heart of our journalism and programme-making for decades.

The Guidelines set the standards for the BBC. They represent the wisdom of nearly 100 years of programme-making. They help us to be ambitious and confident in the choices we make, and are an essential tool for anybody producing content for us.

The Guidelines are designed to support our creativity. They provide the justification for many of the challenging things we do in the public interest. They are set by the BBC Board and also reflect the requirements of our regulator, Ofcom.

This is the seventh edition we’ve produced – and it’s published in a media landscape that’s changed dramatically since the last set was devised.

It’s just a few short years since the term ‘fake news’ entered our lexicon. It’s now a weapon of choice used worldwide. In a world of misinformation, our values have never been more important. That’s why accuracy, impartiality and fairness are given such prominence in these Guidelines. It’s also why they have been updated to include all that we do on social media.

Stories are broken, shared, expanded at the touch of a screen, every second, every day. That’s an astonishing advance. It can be a tremendously exciting, but challenging, environment to work in. And these Guidelines are a constant reference point for teams making decisions around content, comment and debate – including what we post online and on social media.

One of the other critical things that’s changed is that we’ve put freedom of expression at the heart of the Guidelines. We’re making that commitment explicit for the first time. It’s a fundamental principle and is at the heart of our Charter and our values.

We have the immense privilege of leading the BBC. We’re here to produce programmes of the highest quality; content audiences can trust. And to do so fairly, decently and with all the care people would expect from the BBC.

Audiences rightly count on us for a great range of original UK drama, comedy, documentary, sport, music, entertainment and journalism. They expect us to do so with the greatest integrity, and to the highest ethical and creative standards. That’s what these Guidelines seek to promote and why they matter so much to all of us.

Tony Hall*

Director-General

*DG at the time of publication of the guidelines (2019). DG was Tim Davie as of Sept. 2023

The BBC Editorial Guidelines: Table of Contents

Section 1: The BBC’s Editorial Standards

1.1 Introduction

The BBC’s Royal Charter [1] specifies the BBC’s Mission, which is to act in the public interest, serving all audiences through the provision of impartial, high-quality and distinctive output and services which inform, educate and entertain. It also establishes our independence from government, guarantees our editorial and artistic freedom and safeguards the licence fee, the unique funding arrangement which enables the BBC to pursue a distinctive mission.

The Charter sets out the BBC’s Public Purposes:

To provide impartial news and information to help people understand and engage with the world around them.
To support learning for people of all ages.
To show the most creative, highest quality and distinctive output and services.
To reflect, represent and serve the diverse communities of all of the United Kingdom’s nations and regions and, in doing so, support the creative economy across the United Kingdom.
To reflect the United Kingdom, its culture and values to the world.

The Royal Charter and the accompanying Framework Agreement [2] establish that it is a duty of the BBC Board to set the standards for the BBC’s editorial and creative output and services. The BBC must publish, review periodically and ensure the observance of guidelines designed to secure appropriate editorial standards for our UK Public Services and safeguard the editorial integrity and high quality of the World Service and maintain high standards of editorial integrity and quality for BBC Monitoring.

Producing and upholding these Editorial Guidelines fulfils those requirements; making our content to the standards in them is an obligation on all of us, led by the Director-General, as the BBC’s editor-in-chief. All output made in accordance with these Editorial Guidelines will also thereby meet the requirements of our regulator, Ofcom [3].

[1] Broadcasting: Royal Charter for the Continuance of the British Broadcasting Corporation December 2016.

[2] Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

[3] The Ofcom Broadcasting Code.

1.2 Our editorial values

Our audiences trust us and they expect us to adhere to the highest editorial standards.

We have a right to freedom of expression, included in the Charter and protected under the European Convention on Human Rights and the Human Rights Act 1998. This freedom is at the heart of the BBC’s independence. Our audiences have a right to receive creative material, information and ideas without interference. But our audiences also expect us to balance our right to freedom of expression with our responsibilities to our audiences and to our contributors, subject to restrictions in law.

We operate in the public interest – reporting stories of significance to our audiences and holding power to account. In our journalism in particular, we seek to establish the truth and use the highest reporting standards to provide coverage that is fair and accurate. Our specialist expertise provides professional judgement and clear analysis. We are impartial, seeking to reflect the views and experiences of our audiences – so that our output as a whole includes a breadth and diversity of opinion and no significant strand of thought is under-represented or omitted. We are independent of outside interests and arrangements that could compromise our editorial integrity. Our editorial standards do not require absolute neutrality on every issue or detachment from fundamental democratic principles.

Free speech enables the exchange of information and ideas without state interference. It helps to inform public debate – encouraging us to be curious, engaged and critical. It allows, for example, dramatists, satirists and comedians to comment on the world around us. However, freedom of expression is not an absolute right – it carries duties and responsibilities and is also subject to legal restrictions and limits.

In exercising freedom of expression, we must offer appropriate protection to vulnerable groups and avoid causing unjustifiable offence. We must also respect people’s privacy – only putting private information into the public domain where the public interest outweighs an individual’s legitimate expectation of privacy.

We have a particular responsibility towards children and young people and must preserve their right to speak out and be heard. Where they contribute to or feature in our output, we must take due care to ensure that their dignity and their physical and emotional welfare are protected.

(See Section 9 Children and Young People as Contributors: 9.1)

As members of our audiences, they have a right to access information and ideas; however, we must ensure that content that might be unsuitable for them is scheduled appropriately.

1.3 The public interest

The BBC’s Mission [4] specifies that we must ‘act in the public interest’. It is in the public interest to fulfil our mission to produce output to inform, educate and entertain. There is no single definition of public interest, but it includes freedom of expression; providing information that assists people to better comprehend or make decisions on matters of public importance; preventing people being misled by the statements or actions of individuals or organisations. The public interest is also served in exposing or detecting crime or significantly anti-social behaviour and by exposing corruption, injustice, significant incompetence or negligence.

[4] Article 5 The BBC’s Mission, Broadcasting: Royal Charter for the Continuance of the British Broadcasting Corporation December 2016.

1.4 Ofcom

Under the Charter, Ofcom must regulate the standards of relevant BBC UK Public Service content to ensure it meets the requirements of Ofcom’s Standards and Fairness Codes [5]. It therefore considers complaints against some BBC broadcast content.

(See Section 1 The BBC’s Editorial Standards: 1.6)

It must also regulate BBC UK Public On-Demand Programme Services (‘BBC ODPS’) in line with these requirements, so far as Ofcom determines them relevant. These requirements are set out in Ofcom’s Broadcasting Code.

Ofcom also considers complaints against BBC online material if the complainant is dissatisfied with the BBC response. Ofcom will give an opinion as to whether the relevant content meets these Editorial Guidelines, and may require the BBC to reconsider the matter. However, Ofcom has no further enforcement powers and the final decision is the BBC’s [6].

Ofcom does not regulate standards for the BBC World Service. BBC commercial broadcast services, provided by BBC companies, are not UK Public Services but they are subject to Ofcom’s content standards regulation where they are distributed under Ofcom licences.

Where Ofcom finds a breach of its Broadcasting Code, it may require the BBC to broadcast a statement of its findings. Where Ofcom considers its code has been breached ‘seriously, deliberately, repeatedly or recklessly’ it can impose sanctions which range from a requirement to broadcast a correction or statement of finding to a fine of no more than £250,000.

All BBC services are regulated by these Editorial Guidelines.

[5] Article 46 Principal functions of Ofcom, Broadcasting: Royal Charter for the Continuance of the British Broadcasting Corporation December 2016.

[6] This does not apply to some categories of BBC content, including material on third-party platforms, social media and BBC corporate information.

1.5 Accountability

The Charter sets out our duty to be transparent and accountable. We must publish an Annual Report and Accounts which must include information about how high editorial standards have been set, reviewed and met. It must also include information about how we have served the nations and regions of the UK and whether there have been significant changes to any of our Public Services. We must also report on how complaints have been handled and what we have learned from them.

1.6 Complaints

We are open in acknowledging mistakes when they are made and want to learn from them. We are required to set and publish procedures for the handling and resolution of complaints. The BBC Complaints Procedure [7]sets out the timeframes that complaints will normally be answered within and must relate both to the obligations of our Public Services and also our commercial operations.

Complaints about most BBC content [8] are dealt with initially by the BBC, as set out in the Complaints Procedure [9]. Complaints are handled by BBC Audience Services in the first instance, but complainants dissatisfied with the response can ask the BBC’S Executive Complaints Unit to investigate.

The Executive Complaints Unit deals with serious complaints about possible breaches of the BBC’s editorial standards in connection with specific programmes or items of content. It deals with complaints about any BBC service or product where the BBC has editorial responsibility. This includes international, public and commercial services and BBC-branded magazines.

The Executive Complaints Unit’s decisions are subject to review by the Director-General, as the BBC’s editor-in-chief.

Where the Executive Complaints Unit identifies a serious breach of the editorial standards set out in these Guidelines, its finding will normally be published on the BBC complaints website. It may also direct the BBC to broadcast an apology or correction.

If complainants are not satisfied with the Executive Complaints Unit finding, and the complaint relates to BBC content regulated by Ofcom, the complainant can refer the matter to Ofcom, after the BBC has finished considering the complaint. Ofcom will adjudicate on whether there has been a breach of the Ofcom Broadcasting Code.

If the complaint relates to online material, Ofcom will consider and give an opinion as to whether the material breaches these Editorial Guidelines and may ask the BBC to reconsider the matter; however, Ofcom has no further enforcement powers.

Complaints about World Service content and our content on social media do not come within Ofcom’s remit and are considered within the BBC’s complaints process, in line with the Complaints Procedure.

[7] BBC Complaints Framework and Procedures October 2017.

[8] Individuals may make first-party complaints relating to fairness and privacy directly to Ofcom.

[9] BBC Complaints Framework and Procedures October 2017.

1.7 Accessibility

The BBC is committed to being inclusive and accessible to all our audiences. We are required by law to make ‘reasonable adjustments’ to our content to ensure disabled people can access our output.

The BBC provides subtitling, audio-description and sign language services, but what is considered ‘reasonable’ will evolve as technology develops [10].

Ofcom also sets mandatory requirements for all broadcasters [11].

Decisions taken throughout the production process will affect whether output is accessible to people with some visual impairment (including colour blindness), hearing or speech impairment (for voice recognition). Producers must take account of the requirement that, as far as reasonably practicable, our content is accessible to those audiences.

(See Guidance: Visually Impaired Audiences and Hearing Impaired Audiences)

[10] BBC Policies: Subtitles on TV and Audio description on TV. Available on Gateway for BBC staff or via commissioning editors for independent producers.

[11] Ofcom’s Code on Television Access Services.

Section 2: How to Use the Guidelines

2.1 Introduction

These Editorial Guidelines apply to all content broadcast or published by the BBC whoever creates or makes it and wherever in the world and however it is made or received. They set out the standards expected of everyone making or presenting our content or output (terms used interchangeably throughout). The Guidelines are rooted in the practical experience of decades of journalism and output production. They are intended to help anyone producing our content deal with difficult editorial issues. They are an important part of what makes the BBC distinctive and trusted, and the standards in them apply to all content that carries the BBC brand.

The Guidelines set out our regulatory and ethical obligations, which often go further than the law. There will be occasions when content is judged legally safe to broadcast, but still raises regulatory or reputational risks for the BBC. In these circumstances the BBC seeks to behave ethically. While lawyers and the Editorial Guidelines provide advice, editorial responsibility and the final decision whether to broadcast or publish remains with the editorial management of the BBC and ultimately with the Director-General, who is the editor-in-chief.

Mandatory Referral

Any proposal to step outside the Editorial Guidelines must be editorially justified. It must be discussed and agreed in advance with the divisional director or, for independent production companies, with the commissioning editor. Director Editorial Policy and Standards must also be consulted.

2.2 Roles and responsibilities

Content Producers and their Managers

2.2.1 Knowledge of the Guidelines is an essential professional skill and everyone who makes BBC content is contractually required to familiarise themselves with them and abide by them.

2.2.2 When applying the Guidelines, individual content producers are expected to make most of the necessary judgements, but some issues require careful consideration at a higher level. No one should hesitate to ask for advice, and the Guidelines therefore advise, and sometimes require, reference to more senior editorial figures, Editorial Policy or specialists such as lawyers or safety experts. The BBC’s reputation rests on sound decision-making, and the referrals system is a mechanism which ensures that complex editorial decisions are properly considered. Some of these referrals are mandatory.

2.2.3 Editors and managers must be prepared to discuss areas of concern and be ready to offer guidance. They must support producers and other staff in the editorial management of their content, including the effective supervision of on-air talent.

Referrals

2.2.4 Referrals lie at the heart of the BBC’s editorial process and are a source of its strength. No one involved in the making or presenting of our output should hesitate to refer editorial dilemmas.

The more important or contentious the issue, the higher the referral needs to be. It is your responsibility to be aware who you should refer to.

2.2.5 The Editorial Guidelines specify a number of Mandatory Referrals. These may be to senior editorial figures within the output division, Editorial Policy or, on occasion, other areas of the BBC.

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

The Mandatory Referrals are summarised at the start of each section of the Guidelines. However, they must be read in the context of the relevant cross-referenced guidelines to be fully understood.

2.2.6 In the nations and regions the relevant director or controller should be informed of any issue that is a Mandatory Referral to Director Editorial Policy and Standards.

2.2.7 On occasion, the Editorial Guidelines suggest or require referral to an internal BBC resource that independent producers are unable to access. In such cases, independents should make the BBC commissioning editor or equivalent aware.

2.2.8 Any significant breach of the editorial standards in the Guidelines, such as unforeseen events in a live broadcast, should be referred promptly to an appropriate senior editorial figure.

Editorial Policy

2.2.9 The Editorial Policy team, led by Director Editorial Policy and Standards, gives advice on how to work within the Guidelines at every stage of the production process of every type of content. The earlier that potentially contentious content is referred the better. Advice is available 24 hours a day.

In addition to the referrals specified in each section, Editorial Policy should normally be consulted on how to interpret or apply the Editorial Guidelines.

Editorial Compliance

2.2.10 Responsibility for editorial content – and for ensuring that it complies with the Editorial Guidelines – lies with output teams. Our compliance obligations require that all content that is not live is reviewed before broadcast or publication, and the results of that review recorded and kept. Separate Guidance is available for live output. Most news output is normally treated as live. All live programmes that include pre-recorded inserts are treated as live. The Editorial Guidelines, referrals and advice from Editorial Policy can inform the judgements that are essential to the editorial compliance of BBC output. Legal advice may also be necessary.

(See Guidance: Live Output)

Advice on the compliance process is available from the heads of Editorial Standards and/or compliance managers in each output division.

2.3 Editorial justification

2.3.1 The concept of editorial justification recurs throughout the Editorial Guidelines and is central to the application of our values and standards.

It is a judgement in the particular circumstances of each case whether the editorial purposes of our output or actions outweigh any potential negative impact on our audiences and people in our output (or, where relevant, those closest to them). It includes, but is not limited to: balancing the privacy of individuals against the public interest in revealing information about them; the use of potentially offensive output in appropriate contexts against the obligation to avoid unjustified offence; the BBC’s right of freedom of expression; and the audience’s right to receive information.

The Editorial Guidelines

2.3.2 These Editorial Guidelines are supplemented by further Guidance, which is available on the BBC Editorial Guidelines website. The Guidance contains additional information about how the Guidelines can be applied and interpreted. New Guidance is written when necessary.

2.4 Other sources of advice

2.4.1 When producing BBC output, issues may arise that overlap with, or are separate from, editorial concerns. The BBC has specialist internal advisers on legal, data protection, safety, pronunciation, international filming, health and child protection matters, who should be consulted as appropriate. BBC News maintains bureaux around the world, a political research team and a head of statistics.

Contracts with independent production companies should define where legal liabilities lie and independent production companies should take independent legal advice as appropriate. However, independent production companies may refer legal questions of an editorial nature through their commissioning editor who may discuss them with Programme Legal Advice.

The BBC has a separate legal team in Scotland who can advise on Scottish legal issues.

Mandatory Referral

2.4.2 Any decision to proceed with content contrary to BBC legal advice must be referred to the divisional director and Director Editorial Policy and Standards.

2.4.3 Any content producers intending to produce output about Northern Ireland or significant projects involving the Republic of Ireland, should notify Director Northern Ireland of their proposals at an early stage. Content producers outside Scotland and Wales should inform the director of the relevant nation of their plans to produce programme material which is based in the relevant nation or which deals significantly with national issues or themes

Section 3: Accuracy

3.1 Introduction

The BBC is committed to achieving due accuracy in all its output. This commitment is fundamental to our reputation and the trust of audiences. The term ‘due’ means that the accuracy must be adequate and appropriate to the output, taking account of the subject and nature of the content, the likely audience expectation and any signposting that may influence that expectation [1].

The due accuracy required of, for example, drama, entertainment and comedy, will not usually be the same as for most factual content. The requirements may even vary within a genre, so the due accuracy required of factual content may differ depending on whether it is, for example, factual entertainment, historical documentary, current affairs or news. [2]

This means all BBC output, as appropriate to its subject and nature, must be well sourced, based on sound evidence, and corroborated. We should be honest and open about what we don’t know and avoid unfounded speculation. Claims, allegations, material facts and other content that cannot be corroborated should normally be attributed.

The BBC must not knowingly and materially mislead its audiences. We should not distort known facts, present invented material as fact or otherwise undermine our audiences’ trust in our content.

We should normally acknowledge serious factual errors and correct them quickly, clearly and appropriately.

[1] The section of the Ofcom Broadcasting Code that relates to this is 5: Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions.

[2] The Framework Agreement accompanying the BBC Charter requires us to observe the accuracy requirements of the Broadcasting Code; however, by applying ‘due accuracy’ to all output, we exceed that requirement.

3.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

3.2.1 Any proposal to rely on a single unnamed source making a serious allegation or to grant anonymity to a significant contributor making a serious allegation must be referred to Director Editorial Policy and Standards and Programme Legal Advice.

(See 3.3.18)

Other Referrals

3.2.2 Where we believe we have broadcast a defamatory inaccuracy, Programme Legal Advice must be consulted.

(See 3.3.28)

3.3 Guidelines

Gathering Material

3.3.1 Accuracy is not simply a matter of getting facts right. Relevant opinions as well as facts may need to be considered. When necessary, all the relevant facts and information should be weighed to get at the truth.

Where appropriate to the output and wherever possible, we should:

gather material using first-hand sources
check facts and statistics, identifying important caveats and limitations
validate the authenticity of documentary evidence and digital material
corroborate claims and allegations made by contributors
weigh, interpret and contextualise claims, including statistical claims.

(See Guidance: Reporting Statistics; and Investigations)

3.3.2 In news and current affairs content, achieving due accuracy is more important than speed.

3.3.3 We should try to witness events and gather information first-hand. Where this is not possible, we should talk to first-hand sources and, where practicable, corroborate their evidence.

3.3.4 We should be reluctant to rely on a single source. If we do rely on a single source, it should be credible, and a named, on-the-record source is always preferable.

(See Section 3 Accuracy: 3.3.18)

3.3.5 We should, wherever practicable, record our research interviews with sources making serious allegations. In circumstances where recording might inhibit the source, full notes should be made, preferably at the time or, if not, as soon as possible afterwards.

(See Section 3 Accuracy: 3.3.15)

3.3.6 We must check and verify information, facts and documents, where required to achieve due accuracy. If we have been unable to verify material we should usually say so and attribute the information.

Accuracy in Live Content

3.3.7 Achieving due accuracy in live content can be challenging, as there may be little opportunity to verify factual claims. Where practicable, and particularly if an issue is controversial, content makers should take steps to ensure due accuracy.

Where possible, risks should be identified in advance and measures taken to mitigate them. This may include ensuring the appropriate preparation is undertaken so that the content contains sufficient challenge or context; or ensuring other contributors are able to provide additional challenge. Significant inaccuracies that may arise should be corrected quickly.

(See Section 4 Impartiality: 4.3.4-4.3.8)

(See Guidance: Live Output)

Reporting Statistics and Risk

3.3.8 We should reserve the same scepticism for statistics as we do for facts or quotes and not necessarily take numbers at face value. When our output includes statistics, we should explain the numbers clearly, put them into context, weigh, interpret and, where appropriate, challenge them, present them clearly and attribute them. The statistics must be accurate and verified where necessary, with important caveats and limitations explained. We should use a range of evidence to put statistical claims into context and help audiences to judge their magnitude and importance. Where claims are wrong or misleading, they should be challenged.

3.3.9 The reporting of risk can have an impact on the public’s perception of that risk, particularly with health or crime stories. We should avoid worrying our audiences unduly and contextualise our reports to be clear about the likelihood of the risk occurring. This is particularly true in reporting health stories that may cause individuals to alter their behaviour in ways that could be harmful. We should consider the emotional impact pictures and personal testimony can have, particularly on perceptions of risk.

Advice is available from Head of Statistics, BBC News.

(See Section 10 Politics, Public Policy and Polls: 10.3.21-10.3.40)

(See Guidance: Reporting Statistics)

User-Generated Content

3.3.10 User-generated content raises particular challenges. We should not assume that the material is accurate and, depending on how we plan to use it, should take reasonable steps to seek verification. We must take care over how we use any material that may have been supplied by a member of a lobby group or anyone with a vested interest in the story, rather than a disinterested bystander. We should ensure that user-generated content is clearly identified as such.

(See Guidance: User-Generated Contributions)

Material from the Internet and Social Media

3.3.11 Even apparently reliable sources of information on the web may not always be accurate. It may be necessary to check who is running the website or confirm with an individual or organisation that the material relevant to them is genuine.

(See Guidance: Internet Research)

3.3.12 Care needs to be taken to distinguish fact from rumour, particularly – but by no means exclusively – on social media where misinformation may be deliberate and where error or rumour can spread around the world in minutes, while corrections find it harder to gain traction.

Additional scrutiny may be necessary if material from a social media site or other internet source is being used to corroborate a fact. Material that we did not gather ourselves should be attributed.

Material from Third Parties

3.3.13 Material supplied by third parties, including news providers, needs to be treated with appropriate caution, taking account of the reputation of the source.

We should normally only rely on an agency report if it can be substantiated by a BBC correspondent or if it is attributed to a reputable news agency.

We should only use other material supplied by third parties if it is credible and reliable. This includes weather reports, financial markets information and music charts.

Any credit or attribution that is included relating to the use of third-party material should be in accordance with the appropriate BBC credit guidelines.

(See Guidance: Crediting and Labelling External Relationships)

3.3.14 We should only broadcast material from third parties who may have a personal or professional interest in its subject matter if there is an editorial justification. The source of this material should be identified. This includes material from the emergency services, charities and environmental groups.

We should be reluctant to use video and audio or other similar material from third parties. We do not normally use extracts from such material if we are capable of gathering it ourselves. The editorial significance of the material, rather than simply its impact, must be considered before it is used. If it is editorially justified to use it then we must explain the circumstances and clearly label the source of the material in our output.

(See Guidance: Video and Audio News Releases)

Note-Taking for Journalism and Factual Programmes

3.3.15 We must take accurate, reliable and, wherever possible, contemporaneous notes of all significant research and other relevant information. We must keep records of research including written and electronic correspondence, background notes and documents. They should be kept in a way that allows double-checking, particularly at the scripting stage, and if necessary by another member of the team.

When we broadcast serious allegations made by an anonymous source, full, timely notes must be kept of interviews, conversations and information that provide the basis for the story.

(See Section 3 Accuracy: 3.3.5, Section 6 Fairness to Contributors and Consent: 6.3.26-6.3.31 and Section 7 Privacy: 7.3.22)

(See Guidance: Investigations)

Avoiding Misleading Audiences

3.3.16 We must not knowingly and materially mislead our audiences with our content. We may need to clarify the nature of some content by labelling (for example, verbally, in text or with visual or audio cues) to avoid being misleading.

(See Guidance: Recording the Natural World)

Sources

3.3.17 We should normally identify on-air and online sources of information and significant contributors and provide their credentials, so that our audiences can judge their status.

(See Guidance: Investigations)

3.3.18 When quoting an anonymous source, especially a source making serious allegations, we must take all appropriate steps to protect their identity. However, we should give the audience what information we can about them and in a way that does not materially mislead about the source’s status.

(See Section 6 Fairness to Contributors and Consent: 6.3.26-6.3.31)

Whenever a promise of anonymity is made, both the journalist and the source must understand how this commitment extends to all those in the BBC who are aware of the identity of the source.

Where it is sought, the relevant editor, including the Director-General, as editor-in-chief, has the right to be told a source’s identity and is equally obliged to keep this information confidential. In cases involving serious allegations we should resist any attempt by an anonymous source to prevent their identity being revealed to a senior BBC editor or, for independent production companies, the relevant commissioning editor. If this happens, it should be made clear that the information obtained confidentially may not be broadcast.

Mandatory Referral

Any proposal to rely on a single unnamed source making a serious allegation or to grant anonymity to a significant contributor making a serious allegation must be referred to Director Editorial Policy and Standards and Programme Legal Advice,who will consider whether or not:

the story is of significant public interest [1]
the source is of proven credibility and reliability and in a position to have sufficient knowledge of the events featured
a serious allegation was made or substantiated off the record
a response to serious allegations has been sought

(See Section 6 Fairness to Contributors and Consent: 6.3.38-6.3.41)

and will consider any

legal issues
safety concerns, for example for whistleblowers

(See Guidance: Investigations)

sensitive and personal issues.

3.3.19 We should script carefully the reporting of allegations made by an anonymous source to explain:

the nature of the allegation
that the allegation is being made by an anonymous source and not the BBC.

When the allegations have not been independently corroborated, we should consider if it is appropriate to inform the audience.

3.3.20 We should not normally use live unscripted two-ways to report allegations. It must be the editor’s decision as to whether they are an appropriate way to break a story. When BBC colleagues follow up a story they must ensure they understand the terms in which the allegations are to be reported and do so accurately.

[1]Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Online Links to Third-Party Websites

3.3.21 Links from BBC websites to those operated by others should normally lead to sites which are credible. Where editorially justified, we may link to external sites which give particular views of a person or organisation significant to a current news story and in such cases we may not be able to guarantee their credibility.

(See Section 4 Impartiality: 4.3.9 and Section 14 Independence from External Interests: 14.3.20)

(See Guidance: Links and Feeds)

Production Techniques

3.3.22 There are very few recorded programmes that do not involve some intervention from the production team, but there are acceptable and unacceptable production techniques. Consideration should be given to the intention and effect of any intervention. It is normally acceptable to use techniques that augment content in a simple and straightforward way, for example by improving clarity and flow or making content more engaging. This may include craft skills such as some cutaway shots, set-up shots to establish interviewees and asking contributors to repeat insignificant actions or perform an everyday activity. It is usually unacceptable to use production techniques that materially mislead the audience about the reality of the narrative or events.

For news, factual and some factual entertainment content, unless clearly signalled to the audience or using reconstructions, we should not normally:

stage or re-stage action or events which are significant to the development of the action or narrative
inter-cut shots and sequences if the resulting juxtaposition of material leads to a materially misleading impression of events.

Commentary and editing must never be used to give the audience a materially misleading impression of events or a contribution.

3.3.23 We should ensure that any digital creation or manipulation of material does not distort the meaning of events, alter the impact of genuine material or otherwise materially mislead our audiences. We should also be aware that digital manipulation of photographs, video and documents has been used to hoax broadcasters.

Reconstructions

3.3.24 In factual programmes, reconstructions should not over-dramatise in a misleading or sensationalist way. Reconstructions are when events are quite explicitly re-staged. They should normally be based on a substantial and verifiable body of evidence. They should also be identifiable as reconstructions, for example by using verbal or visual labelling or visual or audio cues, such as slow motion or grading. It should be obvious to the audience where a reconstruction begins and ends.

News programmes should not normally stage reconstructions of current events because of the risk of confusing the audience. But reconstructions staged by others may be reported.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.11)

Factually Based Drama

3.3.25 When a drama portrays real people or events, it is inevitable that the creative realisation of some dramatic elements such as characterisation, dialogue and atmosphere may be fictional. However, the portrayal should be based on a substantial and well-sourced body of evidence wherever practicable and we should ensure it does not distort the known facts, including chronology, unduly.

Sensitivities will often be at their highest when a drama has, as its central purpose, the portrayal of living people, people with living close relatives or recent events. Care should be taken to achieve due accuracy.

It is important to explain the drama’s factual basis (or use of dramatic licence) with clear signposting.

(See Section 6 Fairness to Contributors and Consent: 6.3.51-6.3.52 and Section 7 Privacy: 7.3.8)

Archive Material

3.3.26 Archive material should not be used in a way that materially misleads the audience about a situation, events or what is being depicted. Labelling may be required.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.1-13.3.5 and 13.3.9)

Programmes Affected by Changing Circumstances

3.3.27 We must check programmes recorded some time before transmission to make sure they have not been overtaken by events, such as the known death of a contributor, the charging of an offender, or significant life changes. In some cases an on-air announcement will be required, in others, the alteration or removal of some material.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.10)

Correcting Mistakes

3.3.28 We should normally acknowledge serious factual errors and correct such mistakes quickly, clearly and appropriately. Inaccuracy may lead to a complaint of unfairness. An effective way of correcting a serious factual error is saying what was wrong as well as putting it right.

Mandatory Referral

Where we believe we have broadcast a defamatory inaccuracy, Programme Legal Advice must be consulted.

Mistakes in on-demand and online content

Where mistakes in our on-demand content, which is available online after broadcast, are unlikely to be a serious breach of editorial standards, a correction should be published on that platform, so that it is visible before the output is played. Such on-demand content does not then normally need to be changed or revoked.

Where mistakes to our on-demand content are likely to be considered a serious breach of editorial standards, the content must be corrected and the mistake acknowledged, or in exceptional cases removed. We need to be transparent about any changes made, unless there are editorial or legal reasons not to do so.

In online text content, any mistake that alters the editorial meaning should normally be corrected and we should be transparent about what was wrong.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.22-13.3.28)

(See Guidance: Removal of BBC Online Content)

Section 4: Impartiality

4.1 Introduction

The BBC is committed to achieving due impartiality in all its output. This commitment is fundamental to our reputation, our values and the trust of audiences. The term ‘due’ means that the impartiality must be adequate and appropriate to the output, taking account of the subject and nature of the content, the likely audience expectation and any signposting that may influence that expectation [1].

Due impartiality usually involves more than a simple matter of ‘balance’ between opposing viewpoints. We must be inclusive, considering the broad perspective and ensuring that the existence of a range of views is appropriately reflected. It does not require absolute neutrality on every issue or detachment from fundamental democratic principles, such as the right to vote, freedom of expression and the rule of law. We are committed to reflecting a wide range of subject matter and perspectives across our output as a whole and over an appropriate timeframe so that no significant strand of thought is under-represented or omitted.

In applying due impartiality to news, we give due weight to events, opinion and the main strands of argument. We may produce content about any subject, at any point on the spectrum of debate, as long as there are good editorial reasons for doing so.

We must always scrutinise arguments, question consensus and hold power to account with consistency and due impartiality.

Where our content highlights issues on which others campaign, we must take care not to endorse those campaigns, or allow ourselves to be used to campaign to change public policy. But this should not prevent us highlighting issues and offering our audiences choices about how to confront them.

The external activities and public comments, for example on social media, of staff, presenters and others who contribute to our output can also affect perceptions of the BBC’s impartiality. Consequently, this section should be read in conjunction with Section 15: Conflicts of Interest.

We should take account of the different political cultures and structures in different parts of the UK, and different cultural views in other communities. We should seek to ensure that differing main strands of argument in nations, regions and communities receive due weight and prominence in UK-wide output.

Audiences expect artists, writers and entertainers to have freedom to explore subjects from one perspective and to create content that reflects their own distinctive voice. It must be clear to audiences where personal views are being expressed.

[1] The section of the Ofcom Broadcasting Code that relates to this is 5: Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions. However, Rule 5.13 on Undue Prominence of Views and Opinions does not apply to the BBC. The Framework Agreement accompanying the BBC Charter requires us to observe the impartiality requirements of the Broadcasting Code; however, by applying ‘due impartiality’ to all output, we exceed that requirement.

4.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Editorial Policy

4.2.1 Where content would not normally include political issues, political opinion or politicians (for example, sport, quiz/panel shows, factual entertainment) content producers must consult the Chief Adviser Politics in advance before inviting a politician to take part in their output, or before accepting a request to participate. This reference is irrespective of whether their contribution to the output is itself ‘political’. Where there is a proposal to involve in such output others who may have taken a prominent political stance, advice is available from Editorial Policy.

(See Section 4 Impartiality: 4.3.24 and Section 10 Politics, Public Policy and Polls: 10.3.2)

4.3 Guidelines

Diversity of Opinion

4.3.1 Across our output as a whole, we must be inclusive, reflecting a breadth and diversity of opinion.

Breadth and diversity of opinion may require not just a political and cultural range, but, on occasions, reflection of the variations between urban and rural, older and younger, poorer and wealthier, the innovative and the status quo, etc. It may involve exploration of perspectives in different communities, interest groups and geographic areas.

Due Weight

4.3.2 Impartiality does not necessarily require the range of perspectives or opinions to be covered in equal proportions either across our output as a whole, or within a single programme, webpage or item. Instead, we should seek to achieve ‘due weight’. For example, minority views should not necessarily be given similar prominence or weight to those with more support or to the prevailing consensus.

4.3.3 There may be occasions when the omission of views or other material could jeopardise impartiality. There is no view on any subject which must be excluded as a matter of principle, but we should make reasoned decisions, applying consistent editorial judgement, about whether to include or omit perspectives.

(See Section 4 Impartiality: 4.3.14)

Impartiality in BBC Content

Controversial Subjects

4.3.4 We must apply due impartiality to all our subject matter. However, there are particular requirements for ‘controversial subjects’ whenever they occur in any output, including drama, entertainment and sport.

A ‘controversial subject’ may be a matter of public policy or political or industrial controversy. It may also be a controversy within religion, science, finance, culture, ethics or any other matter.

4.3.5 In determining whether subjects are controversial, we should take account of:

the level of public and political contention and debate
how topical the subject is
sensitivity in terms of relevant audiences’ beliefs and culture
whether the subject is a matter of intense debate or importance in a particular nation, region, community or discrete area likely to comprise at least a significant part of the audience
a reasonable view on whether the subject is serious
the distinction between matters grounded in fact and those which are a matter of opinion.

Advice on whether a subject is ‘controversial’ is available from Editorial Policy.

4.3.6 When dealing with ‘controversial subjects’, we must ensure a wide range of significant views and perspectives are given due weight and prominence, particularly when the controversy is active. Opinion should be clearly distinguished from fact.

(See Section 4 Impartiality: 4.3.2-4.3.3)

4.3.7 We must take particular care to achieve due impartiality when a ‘controversial subject’ may be considered to be a major matter[2]. ‘Major matters’ are usually matters of public policy or political or industrial controversy that are of national or international importance, or of a similar significance within a smaller coverage area. When dealing with ‘major matters’, or when the issues involved are highly controversial and/or a decisive moment in the controversy is expected, it will normally be necessary to ensure that an appropriately wide range of significant views are reflected in a clearly linked ‘series of programmes’, a single programme or web item, or sometimes even a single item in a programme.

(See Section 4 Impartiality: 4.3.22-4.3.24)

4.3.8 Due impartiality normally allows for programmes and other output to explore or report on a specific aspect of an issue or provide an opportunity for a single view to be expressed. This should be clearly signposted when dealing with ‘controversial subjects’. The existence of a range of views and their respective weights should be acknowledged, and neither those views nor their respective weights should be misrepresented.

(See Section 4 Impartiality: 4.3.28-4.3.30)

Consideration should be given to the appropriate timeframe for reflecting other perspectives and whether or not they need to be included in connected and signposted output.

(See Section 4 Impartiality: 4.3.22-4.3.24)

If such output contains serious allegations, a response may be required, either as part of the same output, or in a connected and clearly signposted alternative.

(See Section 6 Fairness to Contributors and Consent: 6.3.38-6.3.41)

4.3.9 Where BBC online sites covering ‘controversial subjects’ offer links to external sites, we should try to ensure that the information on those external sites, taken together, represents a reasonable range of views about the subject.

(See Section 14 Independence from External Interests: 14.3.20)

(Guidance: Links and Feeds)

News, Current Affairs and Factual Output

4.3.10 News in whatever form must be treated with due impartiality, giving due weight to events, opinion and main strands of argument. The approach and tone of news stories must always reflect our editorial values, including our commitment to impartiality.

4.3.11 Presenters, reporters and correspondents are the public face and voice of the BBC – they can have a significant impact on perceptions of whether due impartiality has been achieved. Our audiences should not be able to tell from BBC output the personal opinions of our journalists or news and current affairs presenters on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area. They may provide professional judgements, rooted in evidence, but may not express personal views on such matters publicly, including in any BBC-branded output or on personal blogs and social media.

(See Section 15 Conflicts of Interest: 15.3.13-15.3.17)

(See Guidance: Social Media)

Contributors’ Affiliations

4.3.12 We should not automatically assume that contributors from other organisations (such as academics, journalists, researchers and representatives of charities and think-tanks) are unbiased. Appropriate information about their affiliations, funding and particular viewpoints should be made available to the audience, when relevant to the context.

Where BBC Content or the BBC is the Story

4.3.13 When dealing with issues concerning the BBC, our reporting must remain duly impartial, as well as accurate and fair. We need to ensure the BBC’s impartiality is not brought into question and presenters and reporters are not exposed to potential conflicts of interest. When reporting on the BBC, it will normally be wrong to refer to the BBC as either ‘we’ or the content as ‘ours’. There should also be clear editorial separation between those reporting the story and those responsible for presenting the BBC’s case.

Contentious Views and Possible Offence

4.3.14 Contributors expressing contentious views, either through an interview or other means, must be challenged while being given a fair chance to set out their response to questions. Minority views should be given appropriate space in our output.

Consequently, we will sometimes include in our output people whose views may cause serious offence to many in our audiences. On such occasions, referral should be made to a senior editorial figure, who should consult Editorial Policy.

The potential for offence must be weighed against the public interest [3]and any risk to the BBC’s impartiality. Coverage should acknowledge the possibility of offence, and be appropriately robust, but it should also be fair and dispassionate.

The public expression by staff and presenters of personal offence or indignation, or the tone or attitude of an item or programme as a whole may jeopardise the BBC’s impartiality.

(See Section 5 Harm and Offence: 5.3.32 and 5.3.38 and Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.3)

Consensus, Campaigns and Scrutiny

Consensus

4.3.15 There are some issues which may seem to be without controversy, appearing to be backed by a broad or even unanimous consensus of opinion. Nevertheless, they may present a significant risk to the BBC’s impartiality. In such cases, we should continue to report where the consensus lies and give it due weight. However, even if it may be neither necessary nor appropriate to seek out voices of opposition, our reporting should not use language and tone which appear to accept consensus or received wisdom as fact or self-evident.

(See Section 4 Impartiality: 4.3.28-4.3.30)

We must challenge our own assumptions and experiences and also those which may be commonly held by parts of our audience. BBC output should avoid reinforcing generalisations which lack relevant evidence, especially when applying them to specific circumstances. This might occur in the fields of politics, race, charity, science, technology, medicine or elsewhere. These can present some of the most difficult challenges to asserting that the BBC does not hold its own opinion. Care should be taken to treat areas of apparent consensus with proper rigour. Where necessary, consult Editorial Policy.

4.3.16 On occasion, an individual programme or other content, which is not part of a series or long-running or continuous output, may include the expression of a view on a ‘controversial subject’ and still meet the requirements of due impartiality for that individual programme or content.

Some issues, when relating to matters of ethics and public policy, may lend themselves to sympathetic case studies or may be more likely to be approached from an individual’s perspective.

Consideration will sometimes need to be given where such an approach – which meets due impartiality requirements in itself – may produce a cumulative effect if it occurs repeatedly, especially across the same service. Relevant output controllers may also, occasionally, need to take account of such a cumulative effect across different services.

Campaigns and Initiatives

4.3.17 The BBC must remain independent and distanced from government initiatives, campaigners, charities and their agendas, no matter how apparently worthy the cause or how much their message appears to be accepted or uncontroversial.

4.3.18 Careful thought will be necessary to ensure perceptions of the BBC’s impartiality are maintained when content is scheduled topically and coincides with a third party’s campaign or initiative. It is advisable to contact Editorial Policy.

(See Section 14 Independence from External Interests: 14.3.20)

Social Action

4.3.19 Social action output can form an important part of the BBC’s public service. However, care is required to ensure the BBC sets its own social action agenda and decides its own priorities:

we must ensure that our output does not simply embrace the agenda of any particular campaign groups or charities and that we treat groups objectively and do not favour one above another
if our social action programmes or campaigns coincide with a government campaign or lobbying initiative, it is important we retain an arm’s-length position
the BBC must not lobby on matters of public policy when raising awareness of important social issues
news reporting of BBC social action campaigns must be duly impartial.

Social action initiatives must not involve any element of on-air fund raising except for BBC charitable appeals.

(See Section 16 External Relationships and Financing: 16.3.7-16.3.11)

Scrutiny

4.3.20 We should ensure that appropriate scrutiny is applied to those who are in government, or otherwise hold power and responsibility, but also, as appropriate, to those who oppose or seek to influence them, such as campaigners, lobbyists, opposition parties and others; this may include scrutiny of views and arguments expressed on our output by the audience.

Elections and Referendums

4.3.21 Special considerations apply during the campaign periods for elections and referendums (as well as the run-up to campaign periods in some cases), involving greater sensitivity with regard to due impartiality in all output genres. Chief Adviser Politics will issue specific advice and, for the UK, will publish separate Guidelines for each campaign period.

(See Section 10 Politics, Public Policy and Polls: 10.3.13-10.3.19)

Impartiality in Series and Over Time

4.3.22 In achieving due impartiality, a ‘series of programmes’ may be considered as a whole [4].

The term ‘series of programmes’ applies to the following:

multiple pieces of content that deal with the same or related issues and are editorially linked, within an appropriate period.

This may include a strand with a common title; different types of linked programmes (such as a drama with a following debate); a clearly identified season of programmes or items on the same or similar subjects; or a set of interlinked webpages or social media posts. Such content, items or webpages need to achieve due impartiality across the series, and should include appropriate links or signposting.

The intention to achieve due impartiality in this way should be planned in advance and made clear in our output.

programmes dealing with widely disparate issues from one edition to the next, but also clearly linked as a continuing strand with a common title and a particular remit.

In strands, due impartiality should normally be achieved within individual programmes, or across a specific number of explicitly editorially linked programmes. However, across a whole series or over time these strands will also need to demonstrate due impartiality, for example through a consistent application of editorial judgement.

4.3.23 On long-running or continuous output (such as general daily magazine programmes, the News Channel, the BBC News website, social channels) due impartiality may be achieved over time by the consistent application of editorial judgement in relevant subject areas. For instance, an appearance by a politician, or other contributor with partial views, does not normally have to be followed by someone taking a contrary view, although it may sometimes be necessary to offer the opportunity to respond.

However, editors of long-running or continuous output should ensure that:

it reflects a broad range of individuals and views, including, where editorially appropriate, all main strands of argument
differing views are given due weight and treated fairly, including in terms of prominence, treatment and time of day
there is an appropriate timeframe for assessing that due impartiality has been achieved. Particular care is required approaching elections.

4.3.24 Some output which covers normally non-controversial areas (such as favourite music or books, sporting allegiances or personal biography) may seek, on an occasional basis, to include contributors or presenters who are otherwise known for their partiality, for example politicians, campaigners or others who are identified with particular views. Over time, an appropriate range of such contributors should be considered. There will be different considerations during the run-up to election and referendum periods.

(See Section 4 Impartiality: 4.3.2-4.3.8 and 4.3.21)

[2] The Ofcom Broadcasting Code, Section 5.

[3] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

[4] The Ofcom Broadcasting Code, Section 5.

Mandatory Referral

Where content would not normally include political issues, political opinion or politicians (for example, sport, quiz/panel shows, factual entertainment) content producersmust consult the Chief Adviser Politics in advance before inviting a politician to take part in their output, or before accepting a request to participate. This reference is irrespective of whether their contribution to the output is itself ‘political’. Where there is a proposal to involve in such output others who may have taken a prominent political stance, advice is available from Editorial Policy.

In all instances where the aim is to achieve due impartiality regarding politics or public policy over a series or over time, the run-up to election and referendum periods must be given special consideration. Advice is available from Chief Adviser Politics.

(See Section 10 Politics, Public Policy and Polls: 10.3.2 and 10.3.13-10.3.19)

Impartiality and Audiences

4.3.25 Listening to and engaging with audiences is central to the BBC’s output. But responses should not be given a wider significance than they merit and we should take care not to misrepresent the relative weight of opinions expressed. We should also be prepared to apply appropriate scrutiny to audience opinions and ensure that the debate does not appear to discount members of the audience who support a minority view.

(See Guidance: User-Generated Contributions)

Drama, Entertainment and Culture

4.3.26 The audience expects artists, writers and entertainers to have scope for individual expression in drama, entertainment and cultural output. The BBC is committed to offering it. Where this covers matters of public policy, political or industrial controversy, or other ‘controversial subjects’, services should consider reflecting a broad range of the available perspectives over time. Consideration should be given to the appropriate timeframe for reflecting those other perspectives and whether or not they need to be included in connected and/or signposted output taking account of the nature of the controversy and the subject matter. We should also consider whether any conflicts of interest may arise.

(See Section 15 Conflicts of Interest)

4.3.27 A drama where a view of ‘controversial subjects’ is central to its purpose, must be clearly signalled to our audience. It may be appropriate to offer alternative views in other connected and/or signposted output. Advice is available from Editorial Policy.

(See Section 4 Impartiality: 4.3.4-4.3.8, Section 3 Accuracy: 3.3.25 and Section 6 Fairness to Contributors and Consent: 6.3.38-6.3.40)

Personal View Content

4.3.28 The BBC has a tradition of enabling a wide range of individuals, groups or organisations to offer a personal view or opinion, express a belief, or advance a contentious argument in its output. This can range from the outright expression of highly partial views by a campaigner, to the opinion of a specialist or professional including an academic or scientist, to views expressed through contributions from our audiences. All of these can add to the public understanding and debate, especially when they allow our audience to hear fresh and original perspectives on familiar issues.

Such personal view content must be clearly signposted to audiences in advance.

4.3.29 Additionally, when personal view programmes and websites (for example, blogs) cover ‘controversial subjects’, especially those concerning matters of public policy or political or industrial controversy, we should:

retain a respect for factual accuracy
fairly represent opposing viewpoints when included
provide an opportunity to respond when appropriate, for example in a pre-arranged discussion programme

(See Section 6 Fairness to Contributors and Consent: 6.3.38-6.3.40)

ensure that a sufficiently broad range of views and perspectives is included in output of a similar type and weight and in an appropriate timeframe.

4.3.30 BBC staff and regular BBC presenters or reporters associated with news or public policy-related output may offer professional judgements rooted in evidence. However, it is not normally appropriate for them to present or write personal view content on public policy, matters of political or industrial controversy, or ‘controversial subjects’ in any area.

(See Section 4 Impartiality: 4.3.10-4.3.11)

Section 5: Harm and Offence – Introduction

5.1 Introduction

The BBC aims to reflect the world as it is, including all aspects of the human experience and the realities of the natural world. In doing so, we balance our right to broadcast innovative and challenging content, appropriate to each of our services, with our responsibility to protect the vulnerable, especially young people, and to avoid unjustifiable offence [1]

The BBC’s right to freedom of expression is protected under the European Convention on Human Rights and the Human Rights Act 1998. Freedom of expression includes the audience’s right to receive creative material, information, ideas, and content that may be contentious or offensive without interference but subject to restrictions prescribed by law and necessary in a democratic society.

Creative risk-taking is a vital part of the BBC’s mission. However, in all our output, the greater the risk of causing harm or offence, the greater the thought, care and planning required to bring creative content to fruition.

We must ensure our audiences have clear information on which to judge whether content is suitable for themselves or their children.

We must be sensitive to, and keep in touch with, generally accepted standards [2] as well as our audiences’ expectations of our content, particularly in relation to the protection of children.

When our content includes challenging material that risks offending some of our audience we must be able to demonstrate a clear editorial purpose taking account of generally accepted standards, and ensure it is justified by the context. Such challenging material includes strong language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, and discriminatory treatment or language.

Generally Accepted Standards

The understanding of what constitutes ‘generally accepted standards’ will evolve over time and will be informed by relevant research. Applying ‘generally accepted standards’ is a matter of judgement, taking into account the content, the context in which it appears and editorial justification.

The assessment of whether material meets ‘generally accepted standards’ is a broader consideration than whether it meets the expectations of the intended audience. ‘Generally accepted standards’ also reflect the opinions of people who are not the intended audience, but who would have an expectation of what is acceptable based on the context, such as the channel, time of broadcast, platform and signposting.

We must ensure that material that might be unsuitable for children is appropriately signposted and scheduled – in television, observing the 9pm watershed and, in radio, having regard to times when children are particularly likely to be listening.

At the same time, we must balance our responsibility to protect children and young people from unsuitable content with their rights to freedom of expression and freedom to receive information. We must not publish material which might seriously impair the physical, mental or moral development of young people [3].

The use of strong language must be editorially justified and signposted, if appropriate, to ensure it meets audience expectations, wherever it appears. Context is crucial in deciding whether strong language is editorially justified.

Context

In assessing context, we should bear in mind the following:

the editorial purpose and content of the output
the service on which the content is available
the time at which it is broadcast
audience expectation of the content, taking into account any signposting
other programmes or content that are available around the programme or content concerned
the likely size and composition of the potential audience and likely expectation of the audience
the harm or offence likely to be caused by the inclusion of the particular content in output generally, or in output of a specific nature, such as religious programming
the extent to which the nature of the content can be brought to the attention of the potential audience, for example, by signposting and content information
the likely effect of the material on audiences who may come across it unawares.

When making judgements, these factors will not necessarily carry equal weight.

For material available on demand, context also includes the nature of access to the content, – ie whether appropriate measures are in place to safeguard children from viewing and/or listening to the content and whether signposting and content information is given.

Those planning online content should also consider whether there is a risk that content may not meet generally accepted standards and determine, early in the process, whether the content is likely to appeal to a significant proportion of children or young people and select material appropriately. Guidelines for handling harm and offence issues in BBC online content are set out in detail below.

For the purposes of the Editorial Guidelines and unless stated otherwise, a child is someone under the age of 16 years. Young people are those aged 16 and 17 [4]. It should be noted that these are not legal definitions.

[1] The sections of the Ofcom Broadcasting Code that relate to this are 1: Protecting the Under Eighteens and 2: Harm and Offence.

[2] Consideration of generally accepted standards derives from the 2003 Communications Act and applies to television and radio content and on-demand programme services.

[3] Article 27, Audiovisual Media Services Directive, (AVMSD).

[4] This is a higher standard than the Ofcom Broadcasting Code requires in protecting the Under-Eighteens. That says ‘Children are people under the age of fifteen years’.

5.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

5.2.1 Programmes broadcast on UK television between 5.30am and 9pm must be suitable for a general audience including children. The earlier in the evening a programme is placed, the more suitable it should be for children to watch without an older person. Programmes in later pre-watershed slots may not be suitable for the youngest children or for children to watch without an older person.

Only in exceptional circumstances can there be any departure from this practice, and then clear content information should be given. Any proposed exceptions must be referred to the channel controller/editor.

See 5.3.7

5.2.2 Any proposal to use the strongest language (cunt, motherfucker and fuck or its derivatives) must be referred to and approved by the relevant channel controller/editor, who should consider the editorial justification. Editorial Policy may also be consulted.

See 5.3.23

5.2.3 Strong editorial justification will be required on the rare occasions we broadcast graphic scenes of bullfighting, cockfighting and other similar activities, even if they are recorded in countries where they are legal. Any proposal to do so must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

See 5.3.31

5.2.4 Any proposal to show a hanging scene, portray suicide, attempted suicide or self-harm requires careful consideration because of the sensitivity of the subject and the possibility of dangerous imitation and must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Referral must also be made to Editorial Policy.

See 5.3.46

5.2.5 Any proposal to feature a demonstration of hypnosis must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

See 5.3.58

5.2.6 Any proposal to include flashing images or strobing sequences in recorded programmes which fail the Transmission Review technical checks must be approved by the relevant output controller.

See 5.3.61

5.2.7 We must not use any techniques which exploit the possibility of conveying a message to viewers or listeners, or otherwise influencing their minds, without their being aware, or fully aware, of what has occurred ie subliminally. Such techniques could include images of very brief duration.

Anyone who has reason to believe their content might contain such a technique must refer to a senior editorial figure or, for independent production companies, to the commissioning editor, who may wish to consult Editorial Policy.

See 5.3.62

5.3 Guidelines

Audience Expectations

5.3.1 We should judge the suitability of content for our audiences, including children, in relation to the expectations of the likely audience, taking account of the time and day on which it is available, the nature of the service or platform and the nature of the content and any signposting.

The following questions can help determine whether content will be within the expectations of the audience:

what is the likely composition of the audience, including the likely number and age range of children, taking account of school time, weekends and holidays? (We should be aware that school holidays are different in different parts of the UK)
does the talent (presenter, performer, writer etc), slot, title, genre or service carry pre-existing expectations that may be at odds with the content?
has any difficult or challenging content been clearly signposted?
are there any special sensitivities surrounding the slot, for example religious festivals or anniversaries of major events?
what is the likely ‘pull-through audience’ (that is, what is the nature of the preceding content and what kind of audience is it likely to attract?)
is the impact on audiences likely to be greater because of the platform on which it is delivered or the way in which it is delivered, such as virtual reality and/or augmented reality content?

Content Information

5.3.2 We must clearly signpost challenging content using, either alone or in combination, appropriate scheduling and content information which is clear, consistent and factual.

General information about challenging or unexpected content can include on-air and online announcements, content labels, electronic programme guides, trails, billings, press releases and other publicity.

This is to ensure that our audiences have an appropriate expectation of our content and opportunity to make informed decisions about what they see and hear.

5.3.3 On television, when relevant, we should provide clear information about the content of pre-watershed programmes, programmes which start before the watershed and run beyond it, and post-watershed programmes.

See Section 5 Harm and Offence: 5.3.6-5.3.11

On-demand content or content made available on third-party platforms which would be post-watershed on television should be labelled where appropriate.

See Section 5 Harm and Offence: 5.3.15

On radio, we should provide content information when children are particularly likely to be in our audience or when content has the potential to exceed usual audience expectations.

See Section 5 Harm and Offence: 5.3.12-5.3.14

Labelling On-Demand and Digital Content

5.3.4 When we make audio or visual content available on demand on BBC platforms, and elsewhere as appropriate, we must provide information to enable users to understand its context and to make informed choices about its suitability, both for themselves and for children, before they access it.

On-demand content which would be post-watershed on television and would require a content warning should be protected by appropriate measures and carry warnings and/or guidance. This content information should be incorporated into the video so that the warning is not lost or deleted if the video is shared.

5.3.5 Stronger or more challenging content may require labelling under the ‘G for Guidance’ system. This provides:

the BBC’s ‘G for Guidance’ icon indicating that content guidance is available
a system of content labels to describe strong or challenging content
a PIN/password protection system so that parents can restrict access to more challenging material carrying a content label.

Scheduling for Television and Radio

Television Scheduling and the Watershed

5.3.6 Television scheduling decisions need to balance the protection of young people and particularly children with the rights of all viewers, including those without children, to receive a full range of subject matter throughout the day. They must also be judged against the requirements of the watershed.

The 9pm television watershed is used by broadcasters to distinguish between programmes intended mainly for a general audience and those programmes intended for an adult audience. However, parents and carers share in the responsibility for assessing whether programme content is suitable for their children.

The 9pm watershed signals the beginning of the transition to more adult material; in general the change should not be abrupt. Programme makers and schedulers should also take into account the nature of the channel and viewer expectations. The strongest material should normally appear later in the schedule. If sudden changes of tone are unavoidable they should be clearly signposted, for example by giving clear information about scenes of a sexual nature, violence or the use of strong language.

In post-watershed content on television we should alert audiences to the use of strong language or potentially offensive content so that the output meets audience expectations. In pre-watershed content, it may be appropriate to alert audiences to content they may find upsetting. This might include, for example, news reports or sequences in wildlife programming.

Mandatory Referral

5.3.7 Programmes broadcast on television between 5.30am and 9pm must be suitable for a general audience including children. The earlier in the evening a programme is placed, the more suitable it should be for children to watch without an older person. Programmes in later pre-watershed slots may not be suitable for the youngest children or for children to watch without an older person.

5.3.8 Programmes that straddle the watershed, that is start before 9pm and finish sometime after 9pm, should normally be pre-watershed compliant throughout.

5.3.9 Programmes should normally be commissioned for broadcast on a specific channel and for either pre- or post-watershed,to allow the necessary judgements about the suitability of the content to be made during the production process. Changes to channel or transmission slots, particularly any proposal to broadcast a programme before rather than after the watershed, may mean a programme requires significant re-editing to ensure that it complies with these Guidelines.

Controllers, commissioners and production teams should be aware that channels and transmission slots, whether pre- or post-watershed, often carry well-established audience expectations. It is therefore advisable to determine programme slots as early as possible in the production process.

For a new series on television (or when existing series change channels) and where there is a risk that content may not meet generally accepted standards, there should normally be a discussion early in the production process with the commissioning executive and the production team, including presenters and performers, to establish parameters of tone and content appropriate to the channel, context and slot. A returning series which has established expectations of strong language and content should have a similar discussion before the start of each run.

5.3.10 Where the audience interacts with the programme, interactive content must observe the watershed and be appropriate for the audience of any associated programme. Interactive content broadcast on television and associated with pre-watershed programmes should be pre-watershed compliant at all times.

Television News

5.3.11 The nature of news means that it is not always possible to avoid showing material before the watershed that might distress some of our audiences. Our international news channels do not normally operate a watershed policy because the news is shown live across different time zones around the world. Wherever appropriate, we should provide clear and timely content information to signpost difficult images, particularly those that may be distressing for children.

Footage may be readily available from social media sites or elsewhere online; however, audiences expect us to apply editorial judgement in using this content. While footage may be in the public domain, its re-use by the BBC may seem gratuitous to audiences and cause offence if it is used without sufficient editorial justification.

We need to consider the cumulative effect on the audience of the continued or repeated use of graphic material on our continuous news channels.

It is not appropriate to use the most distressing images or strongest language in the ‘headlines’ at the top of a bulletin or as wallpaper or floats in news output or as the thumbnail image in digital content.

See Guidance: Live Output

Radio Scheduling

5.3.12 Radio does not have a watershed. Our scheduling decisions should be based on the audience expectations of each radio service and informed by our knowledge of when children are particularly likely to be in our audience, for example, during the morning and afternoon school runs or during school holidays. Unexpected or challenging material should be clearly signposted to avoid causing unjustifiable offence.

For a new series, where there is a risk that content may not meet generally accepted standards, there should normally be a discussion early in the production process to establish parameters of tone and content appropriate to the platform, context and slot. A returning series which has established expectations of strong language and content should have a similar discussion before the start of each run.

5.3.13 We should normally play edited versions of music which would otherwise feature unsuitable material, including strong language or violent content, for mainstream daytime audiences. At other times and in specialist music programmes, the original version may be editorially justified but it should be within the audience expectations for the programme and, if necessary, we should take steps to achieve this (for example, signposting and content information).

See Section 5 Harm and Offence: 5.3.20-5.3.26

5.3.14 We should consider using on-air announcements to inform listeners about programmes which contain difficult or controversial material which would otherwise be unexpected on our speech services. These services are predominantly for adult listeners who expect to hear a full range of issues and events explored throughout the schedule.

On-Demand and Digital

5.3.15 There is no direct equivalent of the watershed online.

Users aged 16 and over, signed in to a BBC account, can be shown age-appropriate content served either through recommendation/personalisation tools or on the BBC Home Page. The nature of the content we make available to signed-in users should, however, be based on audience expectations of the online service.

For non-signed in users, the content we recommend should always be based on the audience expectations of the specific online service and informed by our knowledge of whether it is likely to appeal to a significant proportion of children. This applies equally to content we create ourselves, user-generated content and material brought in from third-party websites.

For all audiences, unexpected and challenging content, especially content which might be unsuitable for children, should be labelled to avoid causing unjustifiable offence. Content labelling should be clear and factual, but not inappropriately explicit. We should be mindful of the effect on users if they arrive at challenging content by following links on third-party sites that bypass the BBC Home Page or other contextualising pages.

While footage may be in the public domain, its re-use by the BBC may seem gratuitous to audiences. It may cause offence or be outside their expectations if it is used without sufficient editorial justification.

5.3.16 Audience expectations are influenced by the platform on which content appears. Online content linked to any radio or television programme should take account of the programme and its likely audience, regardless of whether the content is created by the BBC or users.

5.3.17 When linking from a BBC site to a third-party website, we must check the contents of the third-party site before installing the link. We should not link to an external site if it is inappropriate for us to do so. It may be appropriate to add a disclaimer, and additional information, if the links are to potentially offensive material.

BBC webpages designed for children should only link to third-party pages with content suitable for a general audience.

We should not link from a BBC website associated with a radio or television programme aimed at children to another site whose associated programme contains material which is unsuitable for children.

See Section 14 Independence from External Interests: 14.3.20 and Section 7 Privacy: 7.3.33

Scheduling of Programme Trails

5.3.18 Trails for radio and television programmes that are unsuitable for a general audience including children must be carefully scheduled.

Trails scheduled next to programmes targeted at children or when children are particularly likely to be watching or listening, or in online content likely to appeal to a significant proportion of children, should be suitable for children.

The BBC has its own classification system for the appropriate scheduling of trails to ensure that trails are suitable for different audiences. Trails need to give an accurate sense of the programmes they relate to, to help viewers decide whether or not to watch them. On linear television, pre-watershed trails for post-watershed programmes must be suitable for a general audience but also need to give proper signposting about the nature of the material. When publishing trails and promotional materials online and via social media, the key criteria for the scheduling of trails should also be taken into consideration, using Guidance labelling when required.

Live Output

5.3.19 We need to assess the risks when producing and broadcasting live output and take any appropriate steps to mitigate them. Considerations include: how live output might be monitored; whether material that has the potential to cause offence is appropriately scheduled; and whether there is sufficient senior editorial support available during transmission.

If problems occur in live output, they should be dealt with promptly and sensitively. If, pre-watershed, the strongest language is broadcast inadvertently (or, for radio, when children are particularly likely to be listening), we should make an on-air apology at the earliest opportunity.

See Section 3 Accuracy: 3.3.7

See Guidance: Live Output

Language

5.3.20 The effect of strong language depends on the choice of words, the speaker and the context. Different words cause different degrees of offence in different communities as well as in different parts of the world. Over time, public attitudes shift and this is assessed through research.

The use of strong language must be editorially justified, and signposted if appropriate, to ensure it meets audience expectations, wherever it appears.

See Section 5 Harm and Offence: 5.1

Strong language is most likely to cause offence when it is used gratuitously and without editorial purpose, and when it includes:

sexual swearwords
terms of racist or ethnic abuse
terms of sexual and sexist abuse or abuse referring to sexuality or gender identity
pejorative terms relating to illness or disabilities
casual or derogatory use of holy names or religious words and especially in combination with other strong language.

5.3.21 Output controllers and programme or content producers should ensure that strong language, especially the strongest language (cunt, motherfucker and fuck and its derivatives) is subject to careful consideration and appropriate referral, to ensure it is editorially justified, before it is included in our output.

Context and tone are key to determining whether strong language will be acceptable or deemed unjustifiably offensive. We should consider the following:

what language was used, who used it, why it was said, to whom it was directed and how they reacted
how it was said. Whether the tone was angry or aggressive, or charming or funny. The same terms can be considered more or less offensive depending on the tone of the delivery and the character or personality who uses the terms
where the content is to be found in the television and radio schedules, online or on social media
the quality of challenging material, which includes strong language, is a significant factor in determining its acceptability or unacceptability to audiences. Strong language can be acceptable when authentic or used for clear purpose or effect within a programme, but audiences may dislike careless use which has little editorial purpose.

5.3.22 We must not include the strongest language before the watershed, or on radio when children are particularly likely to be in our audience, or in online or social media content likely to appeal to a significant proportion of children.

5.3.23 We must make careful judgements about the use of the strongest language post-watershed and ensure it is clearly signposted.

Mandatory Referral

Any proposal to use the strongest language (cunt, motherfucker and fuck or its derivatives) must be referred to and approved by the relevant channel controller/editor, who should consider the editorial justification. Editorial Policy may also be consulted.

Also see Guidance: Racist Language

5.3.24 We must not include strong language before the watershed, or on radio when children are particularly likely to be in our audience, or in online or social media content likely to appeal to a significant proportion of children, unless it is justified by the context. Even then, frequent use must be avoided.

5.3.25 We must not include strong language which causes offence in:

pre-school children’s programmes or websites (for four years and under)
programmes or websites made for younger children.

Bleeping of Strong Language

5.3.26 In general, where strong language is integral to content, and relevant questions such as transmission slot and channel have been resolved, it should not be disguised. This also applies to output that is captioned, either for clarity or for translation purposes.

Where it is editorially justified but the slot, channel or context are not appropriate for strong language, it may be necessary to edit or bleep language, even post-watershed on television (for example, to avoid an abrupt change of tone between pre- and post-watershed material).

Language that is bleeped for pre-watershed content on television must be thoroughly obscured, taking care to ensure also that the bleeped words are not then made obvious by visible mouth movements, or by captions only partly redacted.

Even where strong language has been bleeped, if it is used repeatedly the cumulative effect is likely to increase the offence felt by audiences.

Violence

5.3.27 Our audiences, particularly children, can be frightened or distressed by the portrayal of both real and fictional violence. We should make careful judgements when we plan to include violence in our output.

Consideration should be given to the editorial justification for any depiction of violence, and violent content should normally be clearly signposted. When real-life violence, or its aftermath, is shown on television or reported on radio and online we need to strike a balance between the demands of accuracy and the dangers of causing unjustified distress. There are very few circumstances which justify broadcasting the moment of death.

See Section 7 Privacy: 7.3.41-7.3.44 and Section 11 War, Terror and Emergencies

Our editorial judgements need to consider a number of factors which, in combination, can increase the impact of violence, both in factual or fictional content:

violence that is true to life and may also reflect personal experience, for example domestic violence, pub brawls, football hooliganism, road rage, and mugging
violence in places normally regarded as safe, such as the family home and hospitals
unusual or sadistic methods of inflicting pain, injury or death
incidents where women, children and the vulnerable are the victims
violence without showing the effect on the victim or the consequences for the perpetrator
sexual violence
verbal aggression and tone, particularly when it includes the use of the strongest language and discriminatory or sexually offensive terms
suicide, attempted suicide or self-harm
where the reactions of others to the violence is shown, especially the reactions of children
post-production techniques such as atmospheric music, visual effects, slow motion, graphic close-ups and sound effects
sustained menace or an unrelenting, dark tone or suspense created at the end of a programme in a cliff-hanger
output that is more intense or immersive because it is available as Virtual Reality or Augmented Reality content.

5.3.28 We should take care to ensure that individual programmes, or programmes taken together across the schedule, avoid including material that condones or glamorises violence, dangerous or seriously anti-social behaviour, or material that is likely to encourage others to copy such behaviour, unless there is strong editorial justification.

Violence and the Protection of Children

5.3.29 Violence, its aftermath and descriptions of violence, broadcast in pre-watershed programmes, or on radio when children are particularly likely to be in our audience, or in online content likely to appeal to a significant proportion of children, must be appropriate to the likely audience and editorially justified.

5.3.30 We must ensure that verbal or physical violence that is easily imitable by children in a manner that is harmful or dangerous is not broadcast in pre-watershed programmes or on radio when children are particularly likely to be in our audience, or in online content likely to appeal to a significant proportion of children, unless there is strong editorial justification.

See Section 5 Harm and Offence: 5.3.49-5.3.53

Violence Against Animals and Animal Welfare

5.3.31 Audiences, particularly children, can often be distressed by images or scenes which show human violence against animals. We should be aware that this is likely to give rise to significant levels of offence. If the scenes are graphic but we know that the animal suffered no harm, then we should consider making that clear to audiences.

Audiences can be distressed by violence within wildlife programmes. Wherever it occurs, it may be appropriate to signpost potentially distressing content.

Audiences are concerned generally about the treatment of animals. When animals are involved or featured in our content we should give consideration to their overall welfare and the conditions in which they are kept.

See Guidance: Recording the Natural World

Mandatory Referral

Strong editorial justification will be required on the rare occasions we broadcast graphic scenes of bullfighting, cockfighting and other similar activities, even if they are recorded in countries where they are legal. Any proposal to do so must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.4-8.3.6

Intimidation and Humiliation

5.3.32 BBC content must respect human dignity. Intimidation, humiliation, intrusion, aggression and derogatory remarks are all aspects of human behaviour that may be discussed or included in BBC output. Some content can be cruel, but unduly intimidating, humiliating, intrusive, aggressive or derogatory remarks aimed at real people (as opposed to fictional characters or historic figures) must not be celebrated for the purposes of entertainment. Care should be taken that such comments and the tone in which they are delivered are proportionate to their target.

See Section 6 Fairness to Contributors and Consent: 6.3.23

Nudity

5.3.33 We do not normally show nudity before the watershed or in online content likely to appeal to a significant proportion of children. Where it is used, it must be justified by the context. Nudity, whether actual or suggested, has the potential to offend and care must be taken in pre-watershed content, especially in promotional material which does not carry content information.

Sex

5.3.34 In all BBC output the portrayal of sex, or the exploration of sexual issues, should be editorially justified and treated with appropriate sensitivity.

In post-watershed content, we must be able to justify the frank and realistic portrayal of sex and the exploration of themes and issues which some people might find offensive.

5.3.35 Sex involving under-16s is illegal. In our content, there must be editorial justification for depicting it, and it must be appropriately contextualised.

See Section 9 Children and Young People as Contributors: 9.3.21-9.3.22

5.3.36 The discussion and portrayal of sexual behaviour must be editorially justified in programmes broadcast pre-watershed or when children are particularly likely to be in our radio audience, or using our online content. It must also be appropriate to the likely audience and inexplicit. Clear content information may be required.

See Section 5 Harm and Offence: 5.3.2-5.3.3

We must not portray or represent sexual intercourse without a serious educational purpose in programmes broadcast before the watershed or on radio when children are particularly likely to be in our audience, or in online content likely to appeal to a significant proportion of children.

5.3.37 We should consider whether support material is required when we encourage audiences, especially children and young people, to discuss their sexual problems in any of our content.

See Section 14 Independence from External Interests: 14.3.26

Abusive or Derogatory Treatment

5.3.38 We must ensure that material which contains abusive or derogatory treatment of individuals, groups, religions or communities, is not included in our output unless it is justified by the context.

Under Ofcom’s Broadcasting Code, material may constitute hate speech if it is likely to encourage criminal activity or lead to disorder. It includes all forms of expression which spread, incite, promote or justify hatred based on intolerance on the grounds of disability, ethnicity, gender, gender reassignment, nationality, race, religion or sexual orientation.

Content producers may include contributions from people or organisations with extreme or challenging views. Where output includes views which might incite hatred we must have editorial justification and must include appropriate challenge and/or other context.

See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.3

Portrayal

5.3.39 We aim to reflect the diverse communities of the United Kingdom in our services. Content may reflect the prejudices and disadvantages which exist in societies worldwide but we should not perpetuate them. In some instances, references to disability, age, sexual orientation, gender identification, faith, race, etc may be relevant to portrayal. However, we should avoid careless or offensive stereotypical assumptions and people should only be described in such terms when editorially justified.

In reporting or portraying events or situations concerning indigenous or tribal people we should avoid stereotyping them. We should reflect their current cultural norms and experiences with due accuracy.

See Guidance: Reporting and Portrayal of Indigenous Peoples

5.3.40 When it is within audience expectations, we may feature a portrayal or stereotype that has been exaggerated for comic effect, but we must be aware that audiences may find casual or purposeless stereotypes to be offensive.

Alcohol, Smoking, Vaping, Solvent Abuse and Illegal Drugs

5.3.41 We must balance the need to reflect realistically the range of public attitudes and behaviour with the danger of encouraging potentially harmful or illegal behaviour, particularly amongst children.

5.3.42 The use of illegal drugs, the abuse of drugs, smoking, vaping, solvent abuse and the misuse of alcohol:

must not be featured in content made primarily for children unless there is strong editorial justification
must generally be avoided and must not be condoned, encouraged or glamorised in any programmes broadcast pre-watershed or on radio when children are particularly likely to be in our audience, or in online content likely to appeal to a significant proportion of children, unless there is editorial justification
must not be condoned, encouraged or glamorised in content likely to be widely seen, heard or used by children and young people, unless there is editorial justification.

5.3.43 We should also:

deal with all aspects of illegal drug use, solvent and drug abuse, smoking, vaping and misuse of alcohol with due accuracy. Where necessary to achieve due accuracy, this should include, for example, the health implications and anti-social aspects of illegal drug use and binge drinking
ensure the legal and social context of our coverage is clear
avoid revealing explicit detail of how to use illegal drugs or abuse solvents, unless editorially justified.

5.3.44 When archive content contains material that does not reflect current standards or attitudes towards smoking, alcohol, substance abuse or the use of illegal drugs, the historical context and integrity of the content may provide sufficient editorial justification. However, the content should be appropriately scheduled and, where necessary, signposted and it should be clear to the audience that it is not contemporary.

See Section 5 Harm and Offence: 5.3.2 and Section 13 Re-use, Reversioning and Permanent Availability: 13.3.19-13.3.21

Suicide, Attempted Suicide, Self-Harm and Eating Disorders

5.3.45 Suicide, attempted suicide and self-harm should be portrayed with sensitivity, whether in drama or in factual content. Factual reporting and fictional portrayal of suicide, attempted suicide and self-harm have the potential to make such actions appear feasible and even reasonable to the vulnerable.

Methods of suicide and self-harm must not be included in output except where they are editorially justified and are also justified by the context. We should not include explicit details that would allow a method of suicide to be imitated.

Mandatory Referral

5.3.46 Any proposal to show a hanging scene, portray suicide, attempted suicide or self-harm requires careful consideration because of the sensitivity of the subject and the possibility of dangerous imitation and must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Referral must also be made to Editorial Policy.

5.3.47 We should be sensitive about the use of language. Suicide was decriminalised in 1961 and the use of the term ‘commit’ is considered offensive by some people. ‘Take one’s life’ or ‘kill oneself’ are preferable alternatives. We should consider whether to provide a link to a BBC Action Line when our output deals with such issues. The Samaritans are usually willing to be consulted by content producers about the portrayal of suicide and have published their own guidance for broadcasters. Editorial Policy should usually be consulted.

5.3.48 Care is also required when portraying those mental illnesses that are potentially imitable, in factual or fictional content, including conditions such as anorexia or bulimia. We should be aware that the vulnerable, especially the young, may imitate or emulate behaviour and techniques depicted. Care should be taken to ensure that content is responsible and appropriate for the likely audience. We should consider whether to provide a link to a BBC Action Line when our output deals with such issues.

See Section 14 Independence from External Interests: 14.3.26

Imitative Behaviour

Children and Dangerous Imitation

5.3.49 Children can be influenced by what they see, hear and read. Behaviour likely to be easily imitable by children in a manner that is dangerous, must not be broadcast before the watershed or on radio when children are particularly likely to be in our audience, or online when content is likely to appeal to a significant proportion of children.

5.3.50 Careful judgements are required about content which might lead to dangerous imitation, particularly when they include the use of domestic objects (such as knives, hammers, acid and scissors) in violent acts. Such content must not be featured in output made primarily for children unless there is a strong editorial justification. Content designed for children should ensure that care is taken to discourage imitation of techniques, experiments and so forth.

See Section 5 Harm and Offence: 5.3.29-5.3.30

5.3.51 When hazardous pastimes are portrayed in factual content either before the watershed or on radio when children are particularly likely to be in our audience, or in online content likely to appeal to a significant proportion of children, we should give warnings about the dangers of imitation without appropriate supervision, and the necessary safety equipment should be visible. Where relevant and unless there is a strong editorial reason for not doing so, pre-watershed drama and entertainment programmes, or similar online content likely to appeal to a significant proportion of children, should normally show the correct safety procedures when depicting these kinds of activities.

Safety

5.3.52 We should normally observe the law, both in the UK and other countries, unless there is strong editorial justification for not doing so. This includes ensuring that presenters, actors and contributors who are driving use seatbelts, fit child car seats correctly, wear crash helmets and use the correct mobile phone equipment.

5.3.53 We should also show the common-sense use of safety equipment wherever practical, unless there is editorial justification for not doing so. This includes using eye protection for DIY activities and protective headgear and clothing for sports and leisure activities, particularly those popular with children such as cycling, skateboarding and water sports.

Tragic Events

5.3.54 The aftermath of a tragic event may require scheduling changes and/or re-editing of output for television and radio or the alteration, or occasionally, the removal, of webpages. We should review output to identify anything that, in the light of significant events, might cause unjustifiable offence as judged against generally accepted standards. Each later re-use of material of tragic events, for example on their anniversary, must be separately editorially justified.

Religion

5.3.55 Any content dealing with matters of religion and likely to cause offence to those with religious views and beliefs must be editorially justified as judged against audience expectations and generally accepted standards.

There is no longer an offence of blasphemy in England and Wales and it is no longer prosecuted in Scotland or Northern Ireland. However, religious beliefs are central to many people’s lives and arouse strong views and emotions. We should take care to avoid unjustified offence. Blasphemy laws around the world can be very different and content producers may seek advice from Programme Legal Advice.

In law, the Racial and Religious Hatred Act 2006, which applies to England and Wales, forbids a person from using threatening words or behaviour or displaying written material that is threatening ‘if he intends thereby to stir up religious hatred’.

See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.3

5.3.56 We must be aware of the religious sensitivity of references to, or uses of, names, images, deities, rituals, scriptures and language at the heart of the different faiths and ensure that any uses of, or verbal or visual references to, them are editorially justified within generally accepted standards. Examples include the Crucifixion, Holy Communion, the Qur’an, the Jewish Sabbath and similar.

Many Muslims regard any depiction of the Prophet Muhammad as highly offensive. We must have strong editorial justification for publishing any depiction of the Prophet Muhammad. Any proposal to include a depiction of the Prophet Muhammad in our content must be referred to a senior editorial figure, who should normally consult Editorial Policy.

5.3.57 We must consider the religious sensitivity surrounding the observance of holy days and the principal festivals of the great world faiths to avoid unnecessary offence from material that might be more acceptable at other times.

Drama, comedy and other genres have the freedom to cover matters relating to religion, but we should always be aware of the potential for offence.

Hypnotism, Exorcism, the Occult and the Paranormal

Hypnotism

5.3.58 The Hypnotism Act 1952 requires any demonstrations of hypnotism for public entertainment to be licensed. It prohibits demonstrations on people under 18 and applies to any broadcast demonstration of hypnotism at, or in connection with, an entertainment which admits the public.

We should take steps to minimise any potential risk of inducing hypnosis and/or adverse reactions in susceptible viewers, listeners or online users. In particular, a hypnotist must not broadcast his/her full verbal routine or be shown performing straight to camera. Hypnotism acts, particularly those designed to ridicule someone, should be treated with care in entertainment programmes. They might be both harmful and offensive to our audience.

Exorcism, the Occult and the Paranormal

5.3.59 We must act responsibly when including material looking at any aspect of exorcism, the occult, the paranormal, divination or any related practices and treat any claims that are made with due scepticism.

Demonstrations which purport to be real must not be broadcast before the watershed or on radio when children are particularly likely to be in our audience, or in online content likely to appeal to a significant proportion of children.

Paranormal practices for entertainment purposes (not including drama, film or comedy) must not be broadcast when significant numbers of children are likely to be watching or to be in our radio audience or using our online content.

5.3.60 At any time, demonstrations of, or claims about, exorcism, the occult, the paranormal, divination or any related practices in factual programmes must be treated with objectivity appropriate to the output. In entertainment programmes they must be clearly signposted. In all our output, such demonstrations must not contain advice about health, finance, employment or relationships which encourages people to make life-changing decisions.

Flashing Images, Strobing and Images of Very Brief Duration

Flashing Images, Strobing and Photo-Sensitive Epilepsy

5.3.61 To minimise the risk to viewers who have photo-sensitive epilepsy we should follow the Ofcom guidance referred to in Rule 2.12 of the Ofcom Broadcasting Code[5]. On rare occasions it may not be reasonably practicable to follow this guidance, for example when flashing content is unavoidable, such as in a press event or a live news report when it cannot be remedied technically. In such cases, when inclusion of the content is editorially justified, we should give a verbal and, if appropriate, a text warning at the start of the programme or item.

[5] Ofcom Guidance Note on Flashing Images and Regular Patterns in Television.

Mandatory Referral

Any proposal to include flashing images or strobing sequences in recorded programmes which fail the Transmission Review technical checks must be approved by the relevant output controller.

Images of Very Brief Duration

Mandatory Referral

5.3.62 We must not use any techniques which exploit the possibility of conveying a message to viewers or listeners, or otherwise influencing their minds, without their being aware, or fully aware, of what has occurred, ie subliminally. Such techniques could include images of very brief duration.

Acquired Programmes

5.3.63 Acquired programmes must comply with our Editorial Guidelines on Harm and Offence. We should comply them before they are broadcast or made available on demand to ensure the content is suitable for the likely audience. A film classification is only a guide and special care should be taken with films rated as ‘18’ certificate, which should not play before 9pm on any service.

5.3.64 We should not normally broadcast a film or programme refused certification by the British Board of Film Classification (BBFC). For further details refer to Section 1 of the Ofcom Broadcasting Code.

We should not normally broadcast illustrative clips from a film or programme refused certification by the BBFC without strong editorial justification.

Section 6: Fairness to Contributors and Consent

6.1 Introduction

The BBC strives to be fair to all – fair to our audiences, fair to our contributors and potential contributors, fair to sources and fair to those our output is about. Our content should be based on respect, openness and straight dealing [1]. We also have an obligation under the Ofcom Broadcasting Code to ‘avoid unjust or unfair treatment of individuals or organisations in programmes’ [2].

Much of this section concerns the process of recruiting those who participate in or are otherwise involved in our content, and it should be considered alongside Section 7 Privacy: Privacy and Consent.

Material inaccuracies in the way people are referred to, or featured, may risk causing unfairness. This applies not just to factual output (for example, when representing the views of, and information about, others) but also to drama portraying real people or organisations. Consequently, this section of the Guidelines should also be read in conjunction with Section 3: Accuracy.

We will be open, honest, straightforward and fair in our dealings with sources, contributors, potential contributors and audiences unless there is a clear public interest in doing otherwise, or we need to consider issues such as legal matters, safety, or confidentiality.

We should normally seek the informed consent of our contributors. Individuals and organisations should be appropriately informed about the planned nature and context of their contributions before they participate unless there is an editorial justification for proceeding without their consent.

When our output contains allegations of wrongdoing, iniquity or incompetence or lays out a strong and damaging critique of an identifiable individual or organisation, those criticised should normally have a right of reply, unless there is an editorial justification to proceed without it.

We owe due care to our contributors or potential contributors, as well as to our sources, who may be caused harm or distress as a result of their contribution. Due care is the level of care that is appropriate to the individual and particular circumstances. We must judge this taking into account the editorial content, the nature and degree of the individual’s involvement and their public position, along with other relevant factors such as safety risks or whether the individual is vulnerable.

[1] The sections of the Ofcom Broadcasting Code that relate to this are 7: Fairness and 8: Privacy.

[2] Rule 7.1, the Ofcom Broadcasting Code.

6.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

6.2.1 Where we propose to broadcast a serious allegation without offering an opportunity to reply, the proposal must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, and to Director Editorial Policy and Standards.

(See 6.3.41)

6.2.2 Any proposal to create a website or social media account which appears to have no connection with the BBC must be referred to a senior editorial figure and Director Editorial Policy and Standards.

(See 6.3.48)

6.2.3 The portrayal of a real person in a significant way in a drama against the wishes of the individual portrayed or their living close relatives must be referred to Director Editorial Policy and Standards for approval before a commitment is made to the production.

(See 6.3.51)

Other Referrals

6.2.4 The proposed wording of all written appeals for contributors, including those for entertainment programmes, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

(See 6.3.16)

6.2.5 Any access, filming or recording agreement must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who must also consult Editorial Policy where the proposed wording compromises the BBC’s editorial integrity or independence. If so, the production must not go ahead.

(See 6.3.34)

6.2.6 Any request from output areas outside BBC News for interviews with, or exclusive appearances by, members of the Royal Family must be discussed with the BBC’s Royal Liaison Officer.

(See 6.3.35)

6.2.7 Any proposal to deceive a contributor to news or factual output must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy must also be consulted.

(See 6.3.44)

6.2.8 Any proposal to deceive a contributor for comedy and entertainment purposes, whether or not they are in the public eye, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy must also be consulted.

(See 6.3.47)

6.2.9 Anyone actively intervening to steer the course of an online or social media discussion for a BBC purpose, without revealing their link to the BBC, must be acting in the public interest and must refer to a senior editorial figure or, for independent production companies, to the commissioning editor. In the most serious cases, referral must also be made to Director Editorial Policy and Standards.

(See 6.3.49)

6.2.10 Any proposal to enter a country in a way that avoids visa restrictions for those producing BBC content must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards.

(See 6.3.50)

6.3 Guidelines

Contributors and Informed Consent

[See note 3]

6.3.1 We should treat our contributors honestly and with respect. Our commitment to fairness is normally achieved by ensuring that people provide ‘informed consent’ before they participate. ‘Informed consent’ means that contributors should be in possession of the knowledge that is necessary for a reasoned decision to take part. Sometimes, in the public interest, it may be appropriate to withhold certain information.

(See Section 6 Fairness to Contributors and Consent: 6.3.12)

Before an individual participates (with the exception of a minor contribution such as a vox pop or where the subject matter is trivial), we should normally at an appropriate stage tell contributors:

the nature of the content, ie what it is about and its purpose
why they are being asked to contribute to BBC content, where it will first appear and when, if known
the nature of their involvement, for example, whether their contribution will be live or recorded and/or edited. When recorded, we should make it clear that there is no guarantee that it will be used
the areas of questioning and, where relevant, the nature of other likely contributions
that their contribution may be used by other BBC outlets including re-use, archiving online and on social media
that it may also be available indefinitely and globally.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.11-13.3.18)

Where appropriate, we should also explain the contractual rights and obligations of the contributor and those of the BBC in relation to their contribution. For example, we expect contributors to be honest, straightforward and truthful.

6.3.2 We should not make any commitment to a contributor that we cannot keep.

6.3.3 People recorded committing or admitting to an offence or anti-social behaviour have a reduced legitimate expectation of privacy (which will normally be outweighed by the public interest [4] in exposing such behaviour), so will not normally be asked for consent. Nor should we conceal their identity, unless it is editorially justified or legally necessary to do so.

(See Section 7 Privacy: 7.1 and Section 9 Children and Young People as Contributors: 9.3.24)

6.3.4 There may be occasions when people are discussed, referred to or appear in material without their knowledge or consent. They may be public figures or private individuals and the material may include photographs, video and correspondence in which they feature. We should be fair and accurate in our portrayal of these people and respect their legitimate expectations of privacy.

(See Section 7 Privacy: 7.1)

6.3.5 We should normally make contributors aware of significant changes to a programme or other content as it develops if such changes might reasonably be considered to have changed the basis for their informed consent. Such changes might include programme titles (for example, where they alter audience perception of the content or contributors), changes in other significant contributions, significant changes to broadcast or publication date, or anything that materially alters the context in which the contribution will appear.

(See Section 6 Fairness to Contributors and Consent: 6.3.11)

Obtaining Consent

6.3.6 We obtain informed consent from our contributors in a variety of ways depending on the circumstances of their contribution. Wherever practicable we should obtain consent in a form capable of proof which may include a consent form, an email exchange, a recording of the contributor’s confirmation that they understand the nature of the output and are content to take part, or a contemporaneous note of the consent conversations.

In many cases contributors will give their consent by simply agreeing to be recorded for radio or television or to contribute online. For example, this will usually apply to those who are interviewed at short notice for any of our services, including people in the news and people who take part in vox pops.

When working on long-term productions or with vulnerable contributors, consent is an ongoing process and should be sought each time a contribution is expected.

Occasionally there may also be circumstances in which contributors give their verbal consent at the start of a project and their continued consent is implicit through their ongoing involvement in the making of the programme.

(See Guidance: Informed Consent)

6.3.7 We should not normally rely on third parties to gain consent from a responsible adult. It may sometimes be appropriate to approach a potential contributor via a third party in the first instance, for example, when dealing with vulnerable people, the bereaved or in other sensitive circumstances.

(See Section 7 Privacy: 7.3.43)

6.3.8 For more significant contributions, we may sometimes ask participants to sign a standard consent form or a detailed contract which formalises the terms of their dealings with us. It may include declarations of personal interests or details of information that might bring the BBC into disrepute.

6.3.9 Young people and vulnerable adults may not always be in a position to give informed assent or consent. Vulnerable people include those with learning difficulties or forms of dementia, the bereaved, and people who are sick or terminally ill. In such cases, someone over 18 with primary responsibility for their care should normally give consent on their behalf, unless it is editorially justified to proceed without it. In particular, we should not ask someone who is unable to give their own consent for views on matters likely to be beyond their capacity to answer properly.

(See Section 9 Children and Young People as Contributors: 9.3.14-9.3.20)

(See Guidance: Working with Vulnerable Contributors or Contributors at Risk of Vulnerability; and Filming in Medical Emergencies)

6.3.10 When we collect personal information about contributors, we must ensure it is processed in accordance with the BBC’s Data Protection Handbook. Personal data should not normally be shared within or outside the BBC without consent. Independent production companies are responsible for complying with their own data protection policies and meeting their obligations under data protection legislation.

(See Section 7 Privacy: 7.3.47-7.3.52 and Section 6 Fairness to Contributors and Consent: 6.3.6)

Withdrawal of Consent

6.3.11 Where a contributor has given informed consent to be involved in programming, we will not normally withdraw their contribution prior to broadcast, but we should listen carefully to any reasonable objections. There may be exceptions, for example, where we have contractual obligations, where there are significant changes in the personal circumstances of the individual concerned or where there have been significant changes to the context in which their contribution is to be used.

(See Section 6 Fairness to Contributors and Consent: 6.3.5)

(See Guidance: Informed Consent)

[3] This is the meaning of ‘informed consent’ for the purposes of these guidelines and broadcast content regulation. It is not intended to have the same meaning as in data protection law.

[4] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Finding Contributors

6.3.12 We should make checks to establish the credentials of our contributors and to avoid being hoaxed, or taken in by serial guests. The nature of these checks should be appropriate to the nature and significance of their contribution, the content and the genre.

We should consider whether it is appropriate to make more in-depth checks about people who are the main subject of, or who are to make a significant contribution to, the output. This may include seeking a combination of the following:

documentary evidence to validate their identity and story or qualifications and experience
corroboration from people other than those suggested by the contributor
self-declaration of personal information that may bring the BBC into disrepute.

We may ask some contributors to complete a criminal record check.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.2)

6.3.13 We should not use agencies or third-party websites that deal with actors and performers to find people to talk about matters outside their specific profession or experience except when seeking contestants or audiences for entertainment programmes.

Appealing for Contributors

6.3.14 When we use advertisements for contributors or make appeals within programmes, we must word them carefully to avoid bringing the BBC into disrepute. To obtain appropriate contributors, it may be necessary to target advertisements carefully.

6.3.15 There are risks in advertising or appealing for contributors through social media or other internet resources. Appropriate checks should be made to screen out unsuitable or untruthful applicants.

Mandatory Referral

6.3.16 The proposed wording of all written appeals for contributors, including those for entertainment programmes, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

6.3.17 When posting on websites or social media to find contributors or research material, we should normally be identifiable as working for the BBC and, where contact details are provided, use a business address.

(See Section 6 Fairness to Contributors and Consent: 6.3.44)

Safety and Welfare of Contributors

6.3.18 We should not put the health and safety of contributors or any other participants at any significant risk.

6.3.19 We owe due care to our contributors and potential contributors, as well as to our sources who may be caused harm or distress as a result of their contribution to our output. However, the duty of care may vary for publicly accountable figures who contribute to our output, or when we are reporting events in the public domain, such as proceedings in court or parliament.

6.3.20 Before asking contributors to take part in activities which may expose them to significant risk, we must follow the appropriate risk assessment procedure. Within the BBC, advice is available from BBC Safety. Independent production companies are responsible for their own risk assessment. Where appropriate, we may ask contributors to take fitness tests and undergo psychological checks. Contributors must consent to those steps we consider appropriate and any risks must be set out in writing.

6.3.21 We must ensure we do not encourage contributors to put themselves at risk or endanger themselves when gathering material which may be for our use.

6.3.22 We may need to take practical steps to protect international contributors or sources from repercussions within their own countries, arising from their participation in our output. Third-party websites may reproduce our content globally without our knowledge or consent.

Intimidation and Humiliation

6.3.23 We must treat our contributors and potential contributors with respect. We must not unduly intimidate, humiliate or behave aggressively towards contributors, either to obtain their consent or during their participation in our output.

(See Section 5 Harm and Offence: 5.3.32)

Game Shows, Quizzes, Talent Shows and Programmes Offering Life-Changing Opportunities

6.3.24 For fairness to contributors and participants in these genres, see Section 17 Competitions, Votes and Interactivity.

(See Section 17 Competitions, Votes and Interactivity 17.3.30-17.3.42)

Fair Editing

6.3.25 The final content should be a fair representation of what a contributor says and does and their contribution should not be misrepresented.

Anonymity

6.3.26 Sometimes information in the public interest is available only through sources or contributors on an ‘off-the-record’ or anonymous basis.

When practicable, referral should be made to a senior editorial figure or, for independent production companies, to the commissioning editor, who may consult Editorial Policy, before an agreement is made to protect a source’s anonymity. Consideration should be given to whether anonymity should be granted and how it will be achieved.

Anonymity should be offered only when there is an editorial justification for doing so. When we grant a contributor or source anonymity as a condition of their participation, we must agree the extent of anonymity we will provide. In order to achieve that, we will need to understand who the contributor wishes to be anonymous from and why. It may be sufficient to ensure that the contributor or source is not readily recognisable to the general public, or they may wish to be rendered unidentifiable even to close friends and family. We should keep a record of conversations with sources and contributors about anonymity.

(See Section 3 Accuracy: 3.3.15 and 3.3.18)

6.3.27 We must ensure when we promise anonymity that we are in a position to honour it, taking account of the implications of any possible court order demanding the disclosure of our unbroadcast material. When anonymity is essential, no document, computer file, or other record should identify a contributor or source. This includes notebooks, administrative paperwork, electronic devices, as well as video and audio material.

6.3.28 Effective obscuring of identity may require more than just anonymity of face. Other distinctive features, including hair, clothing, gait and voice may need to be taken into account. Where anonymity is essential, we should normally blur pictures, rather than pixelate them, and revoice contributions, rather than technically distort them, as both pixelation and technical distortion can be reversed. Audiences should be informed that the contribution has been revoiced.

6.3.29 To avoid any risk of ‘jigsaw identification’ (that is, revealing several pieces of information in words or images that can be pieced together to identify the individual), our promises of anonymity may also need to include, for example, considering the way a contributor or source is described, blurring house numbers, editing out certain pieces of information (whether spoken by the contributor or others)and taking care not to reveal the precise location of a contributor’s home. Note that, in some circumstances, avoiding the ‘jigsaw effect’ may require taking account of information already in the public domain.

6.3.30 We may need to disguise the identity of international contributors to meet our obligations of anonymity or if their safety may be compromised. Third-party websites sometimes reproduce our content globally without our knowledge or consent so no guarantee can be given that a contribution will not be seen in particular countries.

(See Guidance: Anonymity)

People with Legal Rights to Anonymity

6.3.31 The victims and alleged victims of some offences, including rape and most offences with a sexual element, have a lifelong right not to be identified as victims of those offences. This right exists whether or not the alleged crime has been reported to police. The victims and alleged victims of female genital mutilation, forced marriage and human trafficking are also afforded automatic anonymity by law in relation to those alleged offences. Particular care will have to be taken over jigsaw identification in cases where it is the victim’s own family members who are accused of offences. Individuals aged 16 and above can waive their anonymity, but they must do this in writing. Further advice is available from Programme Legal Advice.

There is also a lifelong right to anonymity for teachers where they are accused of a criminal offence against a registered pupil at their school. The anonymity in relation to such an allegation will end or can be lifted in a number of circumstances, including if the teacher is charged with the criminal offence. The teacher may also waive their anonymity in writing.

Further advice is available from Programme Legal Advice. The situation may differ in Scotland and advice is available from the Legal Director, Scotland.

Contributors, Access Agreements, Indemnity Forms and Editorial Independence

6.3.32 Contributors sometimes ask for previews of their contributions. We do not normally allow a preview of our content. Where there are editorial or legal reasons for agreeing to a preview, we must be clear about the terms under which it is offered. It is normally appropriate to do this in writing in advance. We should make it clear that we will retain editorial control and that any changes made following a preview will generally only relate to the correction of agreed factual inaccuracies or to address reasonable concerns about the welfare of children, young people and vulnerable adults, personal safety, national security or confidentiality.

Contributors sometimes try to impose conditions on us before agreeing to take part. We must not surrender editorial control. Any contractual agreement with a contributor, their agent, or a production company must allow us to ask questions our audience would reasonably expect and tell a fair and accurate story.

If a contributor refuses to give an interview unless questions are rigidly agreed in advance or certain subjects avoided, we must consider carefully whether it is appropriate to proceed at all. If we decide to do so we should normally make clear on air the conditions under which the interview was obtained.

Access Agreements

6.3.33 Many organisations require the BBC to enter into written agreements in return for facilitating access to their premises or staff. This can be a useful way of formalising the terms under which consent for access or other contributions is granted.

However, it is important to ensure the terms of any agreement do not compromise the BBC’s editorial integrity or independence. Editorial control requires the BBC, or independent production companies producing BBC content, to retain the right to record material as freely as practicable, as well as to edit accurately, impartially and fairly. If unacceptable conditions are imposed we must withdraw from the project.

(See Guidance: Access Agreements and Indemnity Forms)

Mandatory Referral

6.3.34 Any access, filming or recording agreement must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who must also consult Editorial Policy where the proposed wording compromises the BBC’s editorial integrity or independence. If so, the production must not go ahead.

Royal Contributions

Mandatory Referral

6.3.35 Any request from output areas outside BBC News for interviews with, or exclusive appearances by, members of the Royal Family must be discussed with the BBC’s Royal Liaison Officer.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.18)

Indemnity Forms

6.3.36 Indemnity forms are the legal agreements by which an organisation providing a facility to the BBC clarifies liability if something goes wrong – either during recording or as a result of the broadcast. They may be stand-alone documents or an indemnity clause within a broader Access Agreement. A Business Affairs adviser should be consulted before agreeing an indemnity clause.

6.3.37 The BBC agreed a standard indemnity form with the police in England and Wales. Content producers who are presented with indemnity forms by police forces in England and Wales may sign them only if the wording reflects those in the BBC’s standard form. Copies are available in electronic form on the BBC Editorial Guidelines website. Content producers who are presented with indemnity forms for Police Scotland should refer them to their Business Affairs adviser before signing.

(See Guidance: Access Agreements and Indemnity Forms)

Right of Reply

6.3.38 When our output makes allegations of wrongdoing, iniquity or incompetence or lays out a strong and damaging critique of an identifiable individual or institution the presumption is that those criticised should be offered a right of reply, that is, given a fair opportunity to respond to the allegations.

In addition to ensuring fairness, the response to a right of reply can help achieve accuracy in our output.

Where an individual or institution is not identified we may still need to test the veracity of our evidence with those criticised.

We must ensure we have a record of any request for a response including dates, times, the name of the person approached and the key elements of the exchange.

6.3.39 When seeking a response the subject of allegations should normally be given the following information:

description of the allegations in sufficient detail to enable an informed response
details of the nature, format and content of the programme, including the title if significant
when and where the content will be first published (if known) and
an appropriate and timely opportunity to respond.

6.3.40 Any parts of the response relevant to the allegations broadcast should be reflected fairly and accurately and should normally be broadcast or published within or alongside the material containing the allegations.

There may be occasions when this is inappropriate (for example, for legal, safety or confidentiality reasons) in which case a senior editorial figure, or commissioning editor for independent production companies, should be consulted. It may then be appropriate to consider whether an alternative opportunity should be offered for a reply at a subsequent date.

(See Section 7 Privacy: 7.3.35-7.3.38)

Mandatory Referral

6.3.41 Where we propose to broadcast a serious allegation without offering an opportunity to reply, the proposal must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, and to Director Editorial Policy and Standards, who will consider:

whether broadcasting the allegation is justified by the public interest [5]
there are strong reasons for believing it to be true.

Our reasons for deciding to make the information public without requesting a response from the individuals or organisations concerned may include possible interference with witnesses or those to whom we have a duty of care, or other legal reasons.

(See Section 3 Accuracy: 3.3.18)

[5] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Refusals to Take Part

6.3.42 Anyone has the right to refuse to contribute to our output and it is not always necessary to mention their refusal. However, the refusal of an individual or an organisation to make a contribution should not be allowed to act as a veto on the appearance of other contributors holding different views, or on the output itself.

6.3.43 When our audience might reasonably expect to hear counterarguments or where an individual, viewpoint or organisation is not represented it may be appropriate to explain the absence, particularly if it would be unfair to the missing contributor not to do so. This should be done in terms that are fair. We should consider whether we can represent the missing contributor’s views based on what we already know.

(See Section 7 Privacy: 7.3.35-7.3.38 and Section 4 Impartiality: 4.3.4-4.3.9)

Deception

6.3.44 Where there is a public interest [6], it may be acceptable for us not to reveal the full purpose of the output to a contributor or source or organisation, or to create a false persona, or account on social media. Such deception is only likely to be acceptable when the material could not be obtained by any other means. It should be the minimum necessary and proportionate to the subject matter.

[6] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referral

Any proposal to deceive a contributor to news or factual output must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy must also be consulted.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.14-8.3.18)

Comedy and Entertainment Output

6.3.45 If deception is to be used for comedy or entertainment purposes, such as a humorous ‘wind-up’, the material should normally be pre-recorded and consent must be gained prior to broadcast from any member of the public or the organisation to be featured identifiably. If they are not identifiable, consent will not normally be required prior to broadcast unless the material is likely to result in unjustified public ridicule or personal distress.

The deception should not be designed to humiliate and we should take care not to distress or embarrass those involved. We may need to consult with friends or family to assess the risks in advance of recording.

(See Section 5 Harm and Offence: 5.3.32 and Section 7 Privacy: 7.3.17-7.3.20)

6.3.46 Deceptions for comedy or entertainment purposes involving those in the public eye will not normally require consent prior to broadcast unless the material was secretly recorded or is likely to result in unjustified public ridicule or personal distress.

Mandatory Referral

6.3.47 Any proposal to deceive a contributor for comedy and entertainment purposes, whether or not they are in the public eye, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who must consult Editorial Policy.

Online

Mandatory Referral

6.3.48 Any proposal to create a website or social media account which appears to have no connection with the BBC must be referred to a senior editorial figure and Director Editorial Policy and Standards, who will consider:

whether the proposal is proportionate and editorially justifiable
what safeguards can be put in place to ensure those outside the target audience are not significantly misled, or come to significant harm or detriment.

Mandatory Referral

6.3.49 Anyone actively intervening to steer the course of an online or social media discussion for a BBC purpose, without revealing their link to the BBC, must be acting in the public interest [7] and must refer to a senior editorial figure or, for independent production companies, to the commissioning editor. In the most serious cases, referral must also be made to Director Editorial Policy and Standards.

Working Abroad

Mandatory Referral

6.3.50 Any proposal to enter a country in a way that avoids visa restrictions for those producing BBC content must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards.

Newsgathering and the local bureau should also be informed. It may also be advisable to contact Programme Legal Advice and BBC Safety’s High Risk Team [8] before travelling.

[7] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

[8] See High Risk: available on Gateway for BBC staff or via commissioning editors for independent producers.

Portrayal of Real People in Drama

6.3.51 Whenever appropriate, and where their role is significant, real people portrayed in a drama or their living close relatives should be notified in advance and, where possible, their co-operation secured. There is less requirement to secure co-operation when dealing with people in the public eye, particularly if the portrayal is primarily of public aspects of their life.

Mandatory Referral

Any proposal to go ahead against the wishes of the individual portrayed or their living close relatives must be referred to Director Editorial Policy and Standards for approval before a commitment is made to the production.

Unless dealing with people in the public eye and the public aspects of their lives, approval will only be given when it can be shown that the following criteria are met:

the portrayal is fair
the portrayal is based on a substantial and well-sourced body of evidence whenever practicable
there is a public interest [9].

6.3.52 When drama realistically portrays living people, or people with living close relatives, in contemporary situations, we should ensure it does not unduly distort the known facts and thus become unfair particularly if the portrayal concerns a controversial or sensitive event.

(See Section 3 Accuracy: 3.3.25 and Section 7 Privacy: 7.3.8)

[9] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Section 7: Privacy

7.1 Introduction

The BBC respects privacy and does not infringe it without good reason, wherever in the world we operate. The Human Rights Act 1998 gives protection to the privacy of individuals, and private information about them, but balances that with a broadcaster’s right to freedom of expression. In regulation, the Ofcom Broadcasting Code [1] states ‘Any infringement of privacy in programmes, or in connection with obtaining material included in programmes, must be warranted.’[2]

Meeting these ethical, regulatory and legal obligations in our output requires consideration of the balance between privacy and our right to broadcast information in the public interest. We must be able to demonstrate why an infringement of privacy is justified, and, when using the public interest to justify an infringement, consideration should be given to proportionality; the greater the intrusion, the greater the public interest required to justify it.

(See Section 1 The BBC’s Editorial Standards: 1.3)

An infringement of privacy is considered in two stages, requiring justifications for both the gathering and the broadcasting of material where there is a legitimate expectation of privacy.

Legitimate Expectations of Privacy

Legitimate expectations of privacy will vary according to the place and nature of the information, activity or condition in question, the extent to which it is in the public domain (if at all) and whether the individual concerned is already in the public eye. There may be circumstances where people can reasonably expect privacy even in a public place. Some activities and conditions may be of such a private nature that filming or recording, even in a public place, could involve an infringement of privacy. People under investigation or in the public eye, and their immediate family and friends, retain the right to a private life, although private behaviour can raise issues of legitimate public interest.

We must balance the public interest in freedom of expression with the legitimate expectation of privacy by individuals. Any infringement of privacy in the gathering of material should be justifiable as proportionate in the circumstances of each case.

We must be able to justify an infringement of an individual’s privacy without their consent by demonstrating that the intrusion is outweighed by the public interest.

We normally only report the private behaviour of public figures where their conduct is unlawful or where broader public issues are raised either by the behaviour itself or by the consequences of its becoming widely known. The fact of publication by other media may not justify our reporting of it.

We must balance the public interest in the full and accurate reporting of stories involving human suffering and distress with an individual’s privacy and respect for their human dignity.

When gathering personal information from contributors, audiences and other members of the public, we must be clear about how we intend to use it. It must be handled in accordance with these Guidelines and the BBC’s Data Protection Handbook. Take advice from the BBC Data Protection Officer.

[1] The section of the Ofcom Broadcasting Code that relates to this is 8: Privacy.

[2] Rule 8.1, The Ofcom Broadcasting Code.

7.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

7.2.1 Any proposal to gather material illegally outside the UK by disregarding privacy or other similar laws in the relevant country must be referred to Director Editorial Policy and Standards. Programme Legal Advice must also be consulted.

(See 7.3.12)

7.2.2 Any proposal to use secret recordings made by others must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independent production companies, by the commissioning editor. If the BBC would not have considered it justifiable to gather the material under similar circumstances, the proposal must be referred to Director Editorial Policy and Standards.

(See 7.3.21)

7.2.3 Any proposal to broadcast, without consent, recordings originally made for note-taking purposes must be agreed by Director Editorial Policy and Standards. Permission to broadcast material gathered in this way will only be granted in exceptional circumstances.

(See 7.3.23)

7.2.4 Any proposal to equip third parties with body-worn cameras and microphones where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission, must be referred in advance to Director Editorial Policy and Standards.

(See 7.3.24)

7.2.5 Any proposal for unmonitored recording equipment on private property without consent of the occupier must be referred to Programme Legal Advice and Director Editorial Policy and Standards.

(See 7.3.26)

7.2.6 Any proposal to use a tracking device where it would infringe the privacy of an individual must be referred to Director Editorial Policy and Standards.

(See 7.3.27)

7.2.7 Any proposal for a private investigator acting for the BBC to breach the Editorial Guidelines or, exceptionally, to break the law in pursuit of an investigation must be approved in advance by a senior editorial figure, who must consult Director Editorial Policy and Standards prior to approval andProgramme Legal Advice must also be consulted where it is believed laws may be broken.

(See 7.3.34)

7.2.8 Any proposal to secretly record a doorstep must be agreed with Director Editorial Policy and Standards. Permission to gather material in this way will only be granted in very exceptional circumstances and must be in the public interest.

(See 7.3.38)

Other Referrals

7.2.9 Any proposal to carry out secret recording, other than for note-taking purposes, must be referred to Editorial Policy prior to approval by the relevant senior editorial figure in the division or, for independent production companies, by the commissioning editor.

(See 7.3.12)

7.2.10 Any deception required to obtain secretly recorded material (beyond the concealing of recording equipment) should be the minimum necessary and proportionate to the subject matter and must be referred to the relevant senior editorial figure or, for independent production companies, to the commissioning editor.

(See 7.3.12)

7.2.11 Any proposal to identify individuals or organisations secretly recorded for consumer, scientific or social research without their consent must be referred to Editorial Policy who will consider the public interest in identification and the BBC’s fairness obligations.

(See 7.3.16)

7.2.12 Any proposal to feature identifiable people in a live broadcast for comedy or entertainment without their knowledge, whether in person or on the phone, must be referred to Editorial Policy at the outset.

(See 7.3.20)

7.2.13 Any proposal to gather material using a drone must be referred to a senior editorial figure or, for independent production companies, the commissioning editor.

(See 7.3.25)

7.2.14 Any proposal to transmit a live stream without alerting those who may be shown in the broadcast must be referred to Editorial Policy.

(See 7.3.32)

7.2.15 Any proposal to use a private investigator must be approved by a senior editorial figure who may consult Director Editorial Policy and Standards before going ahead.

(See 7.3.34)

7.2.16 Any proposal to doorstep, whether in person or on the phone, where we have tried to make an appointment for an interview with the individual or organisation concerned must be approved by a senior editorial figure or, for independent production companies, by the commissioning editor.

(See 7.3.36)

7.2.17 Any proposal to doorstep an individual or organisation, whether in person or on the phone, where we have not previously tried to make an appointment for an interview, must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independent production companies, the commissioning editor and a written record of the decision kept. This does not apply to the legitimate gathering of material for the daily news agenda.

(See 7.3.37)

7.2.18 Any proposal to doorstep, whether in person or on the phone, for comedy and entertainment purposes should normally be approved in advance by a senior editorial figure or, for independent production companies, by the commissioning editor. Editorial Policy should also be consulted.

(See 7.3.39)

7.2.19 Any request by a public authority for a contributor’s personal information must be referred to Editorial Policy and Programme Legal Advice before responding.

(See 7.3.50)

7.2.20 Any proposal to collect personal information on a BBC Public Service website which might be disclosed to third parties, including BBC Commercial Services, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may wish to consult Information Rights and BBC Fair Trading.

(See 7.3.51)

7.2.21 Any proposal to reveal an under-18’s personal information to a third party without their consent must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy, Child Protection and Safeguarding, and Information Rights.

(See 7.3.52)

7.3 Guidelines

Privacy and Consent

7.3.1 When contributors give informed consent to take part in our output, they can be assumed to have waived their expectations of privacy in relation to their contribution, subject to any agreed conditions placed on their participation.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.5)

7.3.2 We should operate openly where there is a risk of infringing people’s privacy, unless we have approval for secret recording. This is important when using inconspicuous recording devices or live streaming. Where practicable we should use notices to make people aware that we are recording or live streaming and to allow them to avoid us.

(See Section 7 Privacy: 7.3.24-7.3.25 and 7.3.31)

7.3.3 When filming openly in places accessible to the public, we do not normally obtain consent from individuals who are incidentally caught on camera as part of the general scene, unless they are engaged in an activity where they have a legitimate expectation of privacy that is not outweighed by a public interest in showing them.

However, if an individual or organisation asks us to stop filming or recording (whether live or recorded) because of a concern about privacy, we should normally do so, unless it is justified in the public interest to continue.

If we are contacted by someone immediately after filming has taken place with a reasonable request not to show them in the recording we should normally agree unless it is justified in the public interest not to do so.

7.3.4 In potentially sensitive places, for example, ambulances, hospitals, schools, prisons or police stations, we should normally obtain two separate consents: one for gathering the material and the other for broadcasting it, unless it is justified not to obtain such consents.

(See Guidance: Filming in Medical Emergencies)

7.3.5 We normally obtain consent before recording on private property. However, recording without prior permission may be justified on private property where the public has general access, for example, a shopping mall, railway station or airport. It may also be justified where we have reason to believe our recording will aid the exposure of illegal or anti-social behaviour or is otherwise justified in the public interest. When recording without prior consent on private property, if the owner, legal occupier or person acting with their authority asks us to stop, we should normally do so unless it is justified in the public interest to continue.

We normally leave private property when asked to do so by the legal occupier. We should be aware of the law of trespass. Accessing private property without consent can constitute a civil wrong, but is not usually a police matter.

Information which discloses the location of a person’s home or family should not normally be revealed without their consent. Consideration should be given as to whether there is a justification for publishing information that may reveal the precise location of a person’s home or family.

(See Section 7 Privacy: 7.3.40)

7.3.6 Whenever filming we should be aware of the risk of inadvertently capturing private information without consent, such as on written records, on computer screens or inside offices.

Children, Young People and Vulnerable Contributors

7.3.7 When children feature in our output in a way that potentially infringes their legitimate expectation of privacy, we should normally gain the child’s assent wherever possible as well as the informed consent of a parent, legal guardian or other person of 18 or over acting in loco parentis. Vulnerable people may also require the informed consent of a responsible person of 18 or over. There may be additional legal considerations about children or vulnerable people and advice can be sought from Programme Legal Advice.

Children do not lose their right to privacy because, for example, of the fame or notoriety of their parents or because of events in their schools.

(See Section 9 Children and Young People as Contributors: 9.3.14-9.3.20)

(See Guidance: Working with Vulnerable Contributors or Contributors at Risk of Vulnerability)

Third Parties

7.3.8 The privacy of an individual may be infringed by content that reveals private personal information about them, even if they are not contributing to the programme or directly included in it. This may include information that someone is under police or regulatory investigation as well as personal testimony about a third party. When such information is not already in the public domain it should not normally be published unless there is a public interest that outweighs a legitimate expectation of privacy. Individuals are entitled to recount their own experiences; however, we will need to assess the privacy implications for any third parties they may refer to.

(See Section 7 Privacy: 7.3.47 and Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.12)

Material from Social Media

7.3.9 When we take video and images from social media and other websites accessible to the public, they may reach a wider audience. We should consider the privacy of those featured, particularly where they did not make or publish the recording, and whether any further consent is required. We should also consider the potential impact of our re-use, particularly when in connection with tragic, humiliating or distressing events.

Where the content features individuals who have posted material about themselves on social media, their legitimate expectation of privacy may be reduced. This is particularly the case where an individual has shown an understanding of the impact that posting on social media may have on their own privacy, or where privacy controls have not been used. This may not apply to other individuals who appear in the material particularly if they are children.

We must also consider copyright. Within the BBC, advice is available from Intellectual Property. Independent production companies are responsible for any copyright issues in the content they make for the BBC.

(See Guidance: User-Generated Contributions)

Secret Recording

7.3.10 There must be a public interest justification for secret recording. Normally, we will use secret recording only for the following purposes:

as an investigative tool where:
- there is prima facie evidence of behaviour, or intention to carry out behaviour, that it is in the public interest to reveal, and
- there are reasonable grounds to believe that further material evidence could be obtained to prove the behaviour, and
- the recording is necessary to the credibility and authenticity of the content
to obtain material outside the UK where a country’s laws make the normal gathering of material difficult or impossible
as a method of consumer, scientific or social research in the public interest, where no other methods could naturally capture the attitudes or behaviour in question
for electronic note-taking
for satire which enhances understanding or appreciation of matters in the public interest
secret recording may also be used for comedy and entertainment output where the secret recording and any deception involved are intrinsic to the editorial purpose of the content.

(See Section 8 Reporting Crime and Anti-Social Behaviour 8.3.4-8.3.6 and 8.3.39-8.3.46)

(See Guidance: Secret Recording and Secret Recording Forms)

7.3.11 The following techniques may be methods of secret recording that risk infringing privacy:

the use of hidden cameras or microphones, or any other technique aimed at concealing the fact of recording from its subject
the use of audio-video equipment including long lenses, small video cameras, mobile phone cameras, live streaming, radio microphones, body-worn cameras and microphones and cameras fitted to drones
the use of a body-worn camera or microphone on a third party when a BBC content producer is not in attendance with visible cameras
recording telephone or video calls for possible broadcast without consent
deliberately continuing a recording when the other party thinks that it has come to an end, or starting it before the other party thinks it has begun.

Approval of Secret Recording

Mandatory Referral

7.3.12 Any proposal to carry out secret recording, other than for note-taking purposes, must be referred to Editorial Policy prior to approval by the relevant senior editorial figure in the division or, for independent production companies, by the commissioning editor.

The gathering and broadcasting of secretly recorded material are two separate potential infringements, each requiring justification. So the gathering and the transmitting of material are two separate decisions.

A record must be kept of the approval process, even if the request is turned down or the material gathered is not broadcast. Each division is responsible for maintaining its own secret recording records to enable the BBC to monitor and review its use across all output.

(See Secret Recording Forms)

Mandatory Referral

Any deception required to obtain secretly recorded material (beyond the concealing of recording equipment) should be the minimum necessary and proportionate to the subject matter and must be referred to the relevant senior editorial figure or, for independent production companies, to the commissioning editor.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.39-8.3.46)

When proposing to carry out secret recording outside the UK, we should be aware that the laws relating to privacy vary around the world.

Mandatory Referral

Any proposal to gather material illegally outside the UK by disregarding privacy or other similar laws in the relevant country must be referred to Director Editorial Policy and Standards, who will consider the editorial justification. Programme Legal Advice must also be consulted.

A list of divisional authorisers can be found in the Forms section and on the secret recording forms.

7.3.13 The re-use of secretly recorded material must be justified in the public interest.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.16)

(See Guidance online: Secret Recording)

Secret Recording for Investigations in the Public Interest

7.3.14. Any intrusion caused by the gathering and transmission of secret recording must be proportionate to the public interest it serves, taking into account the legitimate expectations of privacy of the individuals recorded. Some situations attract a higher legitimate expectation of privacy. These include, but are not limited to:

secret recording in a private place where the public do not have access
secret recording of health care or medical treatments
secret recording of identifiable people in grief or under extremes of stress or where they are otherwise vulnerable.

7.3.15 We must not go on ‘fishing expeditions’, ie secret recording in search of crime or anti-social behaviour by identifiable individuals, or a group, when there is no prima facie evidence against them of such behaviour.

7.3.16 Secret recording may be used as a method of consumer, scientific or social research in the public interest, where no other methods could naturally capture the attitudes or behaviour in question. In such cases, although there may be no evidence against known individuals, there should normally be a prima facie indication that the behaviour to be researched exists in general. The results of the research should be presented so as to provide a fair and accurate representation of the research. Consent should normally be obtained retrospectively from individuals or organisations to be included in our content, or their identities should be appropriately obscured.

Mandatory Referral

Any proposal to identify individuals or organisations secretly recorded for consumer, scientific or social research without their consent must be referred to Editorial Policy who will consider the public interest in identification and the BBC’s fairness obligations.

(See Guidance: Secret Recording)

Secret Recording for Comedy and Entertainment

7.3.17 Secretly recording material solely for comedy or entertainment purposes may be justified if it is intrinsic to the entertainment and does not amount to a significant infringement of privacy such as to cause significant annoyance, distress or embarrassment. If people realise they are being recorded secretly and ask us to stop, we must do so.

7.3.18 Following gathering of the recordings, people who feature prominently must give their consent before the material is broadcast, or their identities must be appropriately obscured. If the recording might cause embarrassment to other recognisable individuals who have been caught on camera but have not given consent, their identities must also be disguised.

(See Section 5 Harm & Offence: 5.3.32)

7.3.19 Anyone identifiable who has been secretly recorded in a telephone or video call for comedy or entertainment purposes must give their consent before the call is broadcast.

Mandatory Referral

7.3.20 Any proposal to feature identifiable people in a live broadcast for comedy or entertainment without their knowledge, whether in person or on the phone, must be referred to Editorial Policy at the outset.

Secret Recordings from Third Parties

7.3.21 When we are offered secret recordings made by others, we should consider whether, under similar circumstances, the BBC would have considered it justifiable to carry out the recording. If it would not have been considered justifiable to gather the material, it should not normally be broadcast.

Mandatory Referral

Any proposal to use secret recordings made by others must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independent production companies, by the commissioning editor. If the BBC would not have considered it justifiable to gather the material under similar circumstances, the proposal must be referred to Director Editorial Policy and Standards, who will consider whether the public interest in broadcasting it outweighs any concerns about how it was obtained.

Electronic Note-Taking

7.3.22 When we record conversations for note-taking purposes we should normally do so openly and with the consent of the other party, or we risk infringing privacy.

However, where it would not be possible to do so openly and it is editorially justified, we may record our conversations in both audio and video without obtaining consent or approval for secret recording. The intention of such recordings must be for note-taking and research, not for broadcast. Editorial justifications include, for example, ensuring accuracy in our reporting, integrity in our programme making, and enabling us to gather evidence to defend the BBC against possible legal action or complaints. Where it is practicable to do so, a contemporaneous note about the justification for the recording should be kept.

(See Section 3 Accuracy: 3.3.15)

7.3.23 We do not normally broadcast any recordings, including telephone calls, originally made for note-taking purposes.

Mandatory Referral

Any proposal to broadcast, without consent, recordings originally made for note-taking purposes must be agreed by Director Editorial Policy and Standards. Permission to broadcast material gathered in this way will only be granted in exceptional circumstances.

Such circumstances may include the following:

the recordings are the only way to prove the wrongdoing and
where the recordings cannot be replicated.

Inconspicuous Recording Devices

Body-Worn Cameras and Microphones Used by Third Parties, Including Animals

Mandatory Referral

7.3.24 Any proposal to equip third parties with body-worn cameras and microphones where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission must be referred in advance to Director Editorial Policy and Standards, who will consider:

the public interest in the material gathered in this way
what measures have been taken to ensure that there is no unjustified infringement of privacy
whether there is adequate technical provision for ensuring that the recording equipment is under the BBC’s control.

(See Section 7 Privacy: 7.3.40)

(See Guidance: Body-Worn Cameras and Microphones)

Drones

Mandatory Referral

7.3.25 Any proposal to gather material using a drone must be referred to a senior editorial figure or, for independent production companies, the commissioning editor,who will consider:

the public interest in the material gathered in this way
the safety issues around use of drones
whether there are sufficient safeguards to prevent an unjustified infringement of privacy.

Where identifiable individuals will be filmed without consent and it would infringe the privacy of an individual, Programme Legal Advice should normally be consulted.

Drones should not normally be used to identify individuals without their consent, or capture close-up images of areas such as private homes, private gardens or private areas of offices without the consent of the owner, unless they can be seen from a public vantage point or there is a public interest that outweighs any legitimate expectations of privacy. Drone images that disclose the precise location of a person’s home or family should not be revealed without permission, unless there is a public interest that outweighs any legitimate expectations of privacy.

Drones are subject to Civil Aviation Authority regulation and safety considerations.

(See Guidance: Use of Drones)

Unmonitored Recording Equipment

Mandatory Referral

7.3.26 Any proposal for unmonitored recording equipment on private property without consent of the occupier must be referred to Programme Legal Advice and Director Editorial Policy and Standards, who will consider:

whether the public interest in the recorded material is sufficient to outweigh the legitimate expectations of privacy of all those captured by the recording
whether there are sufficient safeguards to prevent an unjustified infringement of privacy.

Tracking Devices

Mandatory Referral

7.3.27 Any proposal to use a tracking device where it would infringe the privacy of an individual must be referred to Director Editorial Policy and Standards, who will consider:

whether the public interest in the data recorded is sufficient to outweigh the legitimate expectations of privacy of all those who are tracked
whether there are sufficient safeguards to prevent an unjustified infringement of privacy.

Material from Inconspicuous Recording Devices Supplied by Third Parties

7.3.28 Such material may include footage recorded by the public, emergency services or other groups with body-worn cameras, drones, CCTV or fixed webcams, mobile phones or other inconspicuous personal devices. When such material is used, it must be editorially justified and appropriately labelled. We should take reasonable steps to verify such footage and consider harm and offence issues and any infringement of privacy, including secret recording. The footage may also raise legal issues such as trespass, defamation, contempt of court or data protection.

Where the material from inconspicuous recording devices may amount to secret recording, see Secret Recordings from Third Parties.

(See Section 7 Privacy: 7.3.21)

(See Guidance: Use of Drones; and Body-Worn Cameras and Microphones)

Live Streaming

7.3.29 Live streaming – the broadcasting of video or audio on the internet or on social media, as events unfold – is the same as live broadcasting. It enables our audiences to access content in real time. Material may be live streamed from remote locations via devices such as webcams or mobile phone cameras. While audiences may expect to be filmed on a mobile device, they may not envisage that what is being filmed is also being broadcast live.

The BBC should only operate a live stream where it is editorially justified. Live streaming should cease when that purpose has been achieved.

The BBC should retain editorial responsibility for monitoring the output of a live stream, regardless of who provides or owns it. The level of monitoring should be appropriate for the likely content. A producer should normally be in a position to cut the feed from a live stream if it becomes necessary.

If we are showing recorded footage of a live stream, we should make clear it is not live.

(See Section 7 Privacy: 7.3.11 and Section 14 Independence from External Interests: 14.3.8)

(See Guidance: Links and Feeds)

Live Streaming from Studios

7.3.30 Where we live stream from studios on behalf of the BBC, guests should be warned in advance. This is particularly important for radio guests who may not expect to be in vision. If radio guests refuse to be in a live stream then we should normally respect their wishes.

Live Streaming in Public

7.3.31 When the BBC live streams from places where the public has general access and individuals are likely to be identifiable, for example, because the live stream transmits a sufficiently high level of detail, we should take reasonable steps to warn people that the BBC is operating a live stream. At a live event, outside broadcast or similar, this may be done by notices outside the venue and a line of information on any posters or tickets, that a live stream is operating. If the live stream is in a public space, like a street or a park, a clear warning notice should be placed nearby and, where practicable, announcements should be given. For news events, the visible presence of news vehicles and/or broadcast equipment may provide sufficient indication.

Inconspicuous Live Streaming in Public

Mandatory Referral

7.3.32 Any proposal to transmit a live stream without alerting those who may be shown in the broadcast must be referred to Editorial Policy, who will consider:

the strength of the editorial justification in reporting the particular event
whether the public interest justifies filming without alerting those whose privacy may be infringed
the legitimate expectation of privacy of those who would be shown
whether the public interest in the event is so great that the benefit of transmitting it live outweighs potential risks of live output, such as infringement of privacy or harm and offence considerations.

Third-Party Live Streams, CCTV and Recordings

7.3.33 Recordings and live streams provided by others may pose additional issues, such as accuracy, anonymity, offence, defamation, contempt of court, trespass or data protection. Such content includes closed circuit television (CCTV), material from live streams, webcams and recordings provided by the emergency services (including 999 calls), Customs and Excise, or other public authorities, organisations or individuals.

In all cases we should research its origins and consider whether it amounts to secret recording before we decide to broadcast it.

(See Section 7 Privacy: 7.3.21, Section 14 Independence from External Interests: 14.3.8, Section 16 External Relationships and Financing: 16.3.17-16.3.18 and Section 17 Competitions, Votes and Interactivity: 17.3.53)

Private Investigators

7.3.34 We should normally undertake all the tasks associated with investigative journalism ourselves. Private investigators may be used where they can offer specialist skills or contacts or where it is more cost-effective to employ a specialist sub-contractor, for example, for surveillance purposes, to confirm an individual’s whereabouts. There must be a public interest justification for their use.

Mandatory Referral

Any proposal to use a private investigator must be approved by a senior editorial figure who may consult Director Editorial Policy and Standards before going ahead.

The senior editorial figure must record the decision and its purpose. These records should be retained by the department commissioning the activity.

All private investigators used to aid investigations must work to the standards in the Editorial Guidelines at all times. It is the senior editorial figure’s responsibility to ensure that they do so.

Mandatory Referral

Any proposal for a private investigator acting for the BBC to breach the Editorial Guidelines or, exceptionally, to break the law in pursuit of an investigation must be approved in advance by a senior editorial figure, who must consult Director Editorial Policy and Standards prior to approval and Programme Legal Advice must also be consulted where it is believed laws may be broken.

Any proposal will require a public interest justification.

(See Guidance: Use of Private Investigators)

Doorstepping

7.3.35 Doorstepping is when we confront and record, or attempt to record, an interview, or announce that a phone call, video call, intercom conversation or similar is being recorded, without prior warning and for use in our content. It may involve an infringement of privacy, which must be justified in the public interest.

Doorstepping does not include vox pops. Additionally, the guidelines on doorstepping that follow are not intended to prevent the legitimate gathering of material for the daily news agenda, research purposes or for comedy and entertainment output.

Doorstepping With Prior Approach for Investigations in the Public Interest

Mandatory Referral

7.3.36 Any proposal to doorstep, whether in person or on the phone, where we have tried to make an appointment for an interview with the individual or organisation concerned must be approved by a senior editorial figure or, for independent production companies, by the commissioning editor.

Approval will normally only be given when there is a public interest or where an individual’s role requires them to be publicly accountable and for one, or more, of the following reasons:

the subject of a doorstep has failed to respond to requests for interview in connection with the wrongdoing alleged
a request for an interview has been repeatedly refused without good reason and either substantial allegations of wrongdoing have been avoided or questions to an individual in a publicly accountable role have been repeatedly avoided
there is a history of failure to respond to interview requests or refusal to be interviewed.

(See Section 6 Fairness to Contributors and Consent: 6.3.38-6.3.41)

Proposals for doorstepping should be proportionate and in the public interest. Consideration should be given to the safety of production staff and the risk of infringing the privacy of third parties. We should not normally doorstep partners, children and other family members or other employees, or in their presence.

Doorstepping Without Prior Approach for Investigations in the Public Interest

Mandatory Referral

7.3.37 Any proposal to doorstep an individual or organisation, whether in person or on the phone, where we have not previously tried to make an appointment for an interview, must be referred to Editorial Policy prior to approval by a senior editorial figure or, for independent production companies, the commissioning editor, and a written record of the decision kept. This does not apply to the legitimate gathering of material for the daily news agenda.

The considerations are as follows:

there is clear evidence of crime or significant wrongdoing, and
it has not been possible to request an interview, or
there is reason to believe that an investigation will be frustrated or allegations avoided (for example, because those under investigation are likely to become out of contact) if a prior approach is made, or
there is no reasonable expectation of receiving a response
for satire in the public interest.

(See Section 6 Fairness to Contributors and Consent: 6.3.38-6.3.41)

Secretly Recorded Doorstepping

7.3.38 Doorsteps should not normally be secretly recorded.

Mandatory Referral

Any proposal to secretly record a doorstep must be agreed with Director Editorial Policy and Standards. Permission to gather material in this way will only be granted in very exceptional circumstances and must be in the public interest.

A record must be kept of the approval process in the usual way for secret recording.

(See Section 6 Fairness to Contributors and Consent: 6.3.38-6.3.41, Section 7 Privacy: 7.3.10-7.3.12)

Doorstepping for Comedy and Entertainment

Mandatory Referral

7.3.39 Any proposal to doorstep, whether in person or on the phone, for comedy and entertainment purposes should normally be approved in advance by a senior editorial figure or, for independent production companies, by the commissioning editor. Editorial Policy should also be consulted.

People who are doorstepped should normally give their consent before the material is broadcast unless their identity is disguised.

(See Section 6 Fairness to Contributors and Consent: 6.3.26-6.3.30 and 6.3.45-6.3.47)

Tag-Along Raids

7.3.40 A tag-along raid is when we accompany police, customs, immigration, environmental health officers or other bodies to observe them working on behalf of public authorities. We should only go on tag-along raids when there is a public interest and after consideration of editorial and legal issues including privacy, consent and trespass.

When we go on a tag-along raid on private property we should normally:

ensure anyone present understands we are recording for the BBC as soon as practicable
stop recording if asked to do so by the legal occupier
leave immediately if asked to do so by the owner, legal occupier or person acting with their authority.

Exceptions may include where we have reason to believe serious illegal or serious anti-social behaviour is being exposed, and the public interest will justify our continued recording or presence.

Editorial Policy and Programme Legal Advice should normally be consulted about proposals involving tag-along raids.

(See Section 7 Privacy: 7.3.5, Section 6 Fairness to Contributors and Consent: 6.3.32-6.3.37and Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.12)

Reporting Death, Suffering and Distress

7.3.41 We must always balance the public interest in full and accurate reporting with the need to be compassionate and to avoid unjustified infringement of privacy when we report accidents, disasters, disturbances, violence against individuals or war.

We must consider the editorial justification for portraying graphic or intrusive material of human suffering and distress. When crews arriving at the scene of a disaster or emergency are under pressures that make it difficult to judge whether recording is an unjustified infringement of privacy, they will often record as much material as possible. However, in such a situation, care must be taken to assess any privacy implications prior to broadcast. The demands of live output and speed in the use of pictures, including those from social media, should not override consideration of the privacy of those suffering or in distress.

(See Section 5 Harm and Offence: 5.3.1-5.3.5 and 5.3.27-5.3.31 and Section 11 War, Terror and Emergencies: 11.3.7)

(See Guidance: Filming in Medical Emergencies)

7.3.42 In the immediate aftermath of an event involving death, suffering or distress, the use of more graphic material is normally justified to provide a reasonable account of the full horror. However, as the story unfolds it may become more difficult to justify the continued use of such material. Later, when it comes to considering the story in a contemporary historical context or, for example, marking its anniversary, it may become editorially justified to use the material again.

(See Section 5 Harm and Offence: 5.3.27-5.3.31 and 5.3.11 and Section 7 Privacy: 7.3.46)

7.3.43 We should normally request interviews with people who are injured or grieving following an accident or disaster by approaching them through friends, relatives or advisers. We should not:

put them under pressure to provide interviews
harass them with repeated phone calls, emails, text or social media messages or knocks at the door
stay on their property if asked to leave
normally follow them if they move on.

(See Section 6 Fairness to Contributors and Consent: 6.3.6-6.3.10)

7.3.44 However, it is important that we do not inadvertently censor our reporting. For example, the extent to which the broadcast of public expressions of grief are regarded as an unacceptable intrusion varies around the world. We must consider the expectations both of the people we record, and our audience. Graphic scenes of grief are unlikely to offend or distress those victims and relatives who consented to our recording them, but they may upset or anger some of our audience. When introducing scenes of extreme distress or suffering, words explaining the circumstances in which they were gathered may help to prevent misunderstandings and offence.

(See Section 5 Harm and Offence: Audience Expectations 5.3.1-5.3.5)

7.3.45 We should normally record at private funerals only with the consent of the family. There must be a clear public interest if we decide to proceed against requests for privacy.

Revisiting Past Events

7.3.46 We must consider whether surviving victims and relatives have any legitimate expectation of privacy when we intend to examine past events which involved suffering and trauma. This applies even if the events or material to be used were once in the public domain. We should consider the scale and location of the original incident and the time that has elapsed since it occurred. So far as is reasonably practicable, surviving victims or the immediate families of dead people who are to feature in the programme should normally be notified of our plans. We should only proceed against any reasonable objections of those concerned if they are outweighed by the public interest.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.11-13.3.16 and Section 7 Privacy: 7.3.42)

Personal Information

7.3.47 The collection of personal information must be handled in accordance with data protection legislation and the BBC’s data protection policies [3]. We should take care when collecting personal information from children under 13. This may require verifiable ‘parental consent’.

(See Section 9 Children and Young People as Contributors: 9.3.11 and 9.3.14)

(See Guidance: Interacting with Children and Young People Online)

7.3.48 Personal information about contributors and potential contributors should not normally be accessible to other departments outside the production area which has collected it. Any proposal to make an exception should be referred to Information Rights. Contributor details must be securely stored and only held for as long as there is a legitimate purpose.

7.3.49 Adult contributors’ personal details, comments or other personal information should not normally be given to third parties without the knowledge of the contributor, unless there is a legal requirement to do so. Where it is essential, it should be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may wish to consult Information Rights before going ahead. A contract should require the third party to use the information only for the use agreed between the BBC and the third party.

[3] See Data Protection Handbook: available on Gateway for BBC staff or via commissioning editors for independent producers; and the BBC Privacy and Cookies Policy.

Mandatory Referrals

7.3.50 Any request by a public authority for a contributor’s personal information must be referred to Editorial Policy and Programme Legal Advice before responding.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.31-13.3.35)

7.3.51 Any proposal to collect personal information on a BBC Public Service website which might be disclosed to third parties, including BBC Commercial Services, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may wish to consult Information Rights and BBC Fair Trading.

7.3.52 Any proposal to reveal an under-18’s personal information to a third party without their consent must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy, Child Protection and Safeguarding, and Information Rights.

Approval will normally only be given:

for safeguarding and child protection reasons or
where there is a public interest that outweighs the expectations of privacy or
where there is a legal requirement to provide the information.

(See Section 9 Children and Young People as Contributors: 9.3.11)

Missing People

7.3.53 The BBC may sometimes report on missing people by broadcasting details provided by relatives, friends and the police. However, we should take editorial responsibility for the content and be aware that not every missing person wishes to be found. It may be appropriate to hold back information the missing person might regard as private, embarrassing or distressing.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.22-13.3.28)

(See Guidance: Privacy and Missing People)

Section 8: Reporting Crime and Anti-social Behaviour

8.1 Introduction

The BBC reports crime and anti-social behaviour as a matter of public interest. Our coverage is aimed at giving audiences the facts in their context and reflects our right to freedom of expression and the audience’s right to receive information and ideas [1].

The BBC will also reflect the work of the agencies which fight crime, examine the nature of criminality, and report on its causes and consequences.

Some of this output is likely to require production methods that carry risks and we must weigh them up, and ensure we act proportionately, so that we observe appropriate standards of behaviour, consider the consequences of our actions and avoid obstructing the work of the authorities.

This output is also likely to involve contributions from, or contact with, people who have engaged in criminal or anti-social acts. We must ensure that we do not glamorise, condone or encourage criminal behaviour. We must seek to balance the public interest [2] in reporting crime with respect for the privacy and dignity of victims and their families. We should ensure our reporting does not add to people’s fear of becoming victims of crime if statistics suggest it is very unlikely.

Material likely to encourage or incite the commission of crime, or lead to disorder, must not be included in our services. There will be times when it is in the public interest to include extreme or challenging views. On those occasions, we must provide sufficient context and/or challenge to those views. Context includes the editorial purpose of the output. Detailed descriptions or demonstrations of criminal techniques which could enable the commission of illegality should not be included unless editorially justified.

Investigations into crime or anti-social behaviour, which involve deception and/or intrusion, must be editorially justified and proportionate to the wrongdoing they seek to expose.

We must ensure that material which contains hate speech is not included in our output without editorial justification.

(See Section 5 Harm and Offence: 5.3.38)

[1]The sections of the Ofcom Broadcasting Code that relate to this are 3: Crime, Disorder, Hatred and Abuse and 8: Privacy.

[2]See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

8.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

8.2.1 Material likely to encourage or incite the commission of crime, or lead to disorder, must not be included in our services. Any proposal to broadcast content which risks inciting crime or disorder must be referred to Director Editorial Policy and Standards.

(See 8.3.1)

8.2.2 When investigating criminal activity we may want to record a specific crime or the planning of a specific crime. Where that might raise questions about our relationship with the criminal or involves witnessing serious criminal activity, it must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor, and to both Director Editorial Policy and Standards and Programme Legal Advice.

(See 8.3.4)

8.2.3 Any proposal to interview a criminal active in, or wanted in, the UK must be referred to Director Editorial Policy and Standards.

(See 8.3.14)

8.2.4 Any proposal to contact or interview escaped prisoners or others wanted by the police must be referred to Director Editorial Policy and Standards and must be referred to Programme Legal Advice.

(See 8.3.17)

8.2.5 Any proposal to pay a fee or to make a payment in kind to criminals, former criminals, their families or their associates (directly or indirectly) for interviews or other contributions relating to their crimes, must be referred to Director Editorial Policy and Standards.

(See 8.3.19)

8.2.6 Any proposal to make payments to anyone who may not have committed a crime but whose behaviour is clearly anti-social, for interviews or other contributions about their behaviour, including payments in kind, must be referred to Director Editorial Policy and Standards.

(See 8.3.20)

8.2.7 Any proposal to enter a UK prison without permission to conduct an interview with a prisoner must be referred to Director Editorial Policy and Standards.

(See 8.3.21)

8.2.8 Any proposal to put the name of a convicted paedophile or other sex offender into the public domain, when their name has not been made publicly available by the police, or to broadcast pictures of them, must be referred to Director Editorial Policy and Standards.

(See 8.3.26)

8.2.9 Any proposal to grant anonymity to someone seeking to evade UK law, where there is an ongoing investigation, must be referred to Director Editorial Policy and Standards.

(See 8.3.30)

8.2.10 Any proposal to pay a witness or potential witness in a trial must be referred to Director Editorial Policy and Standards and Programme Legal Advice.

(See 8.3.36)

8.2.11 Director Editorial Policy and Standards must approve any proposal to employ someone known to have a criminal record or background of illegal activity to work on a BBC investigation.

(See 8.3.42)

8.2.12 Any intention to supply material of any sort from a discontinued investigation to the police or any other third party must be referred to Director Editorial Policy and Standards and to Programme Legal Advice.

(See 8.3.47)

Other Referrals

8.2.13 Any proposal, in the public interest, to record the illegal harming of animals by third parties, for the purpose of gathering evidence or to illustrate malpractice or cruel, anti-social or controversial behaviour, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

(See 8.3.6)

8.2.14 When considering whether to identify a child or young person with a Criminal Behaviour Order or involved in court proceedings, Programme Legal Advice must be consulted.

(See 8.3.13 and 8.3.32)

8.2.15 Any proposal to interview an active criminal or person wanted anywhere outside the UK must be referred to Editorial Policy.

(See 8.3.18)

8.2.16 Any proposal to enter an overseas prison without permission to conduct an interview with a prisoner must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards. If approved, the relevant international bureau should normally be informed and Programme Legal Advice consulted.

(See 8.3.22)

8.2.17 Any proposal to invite a prisoner to initiate a call for broadcast purposes from a public or mobile telephone in prison or to broadcast an unsolicited, pre-recorded call from a prisoner which was not referred before it was recorded, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards.

(See 8.3.23)

8.2.18 Any proposal to interview a witness about their evidence once court proceedings are under way, must be referred to Programme Legal Advice and Editorial Policy.

(See 8.3.33)

8.2.19 Any proposal to undertake an investigation into crime or serious anti-social behaviour must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy and Programme Legal Advice should normally be consulted.

(See 8.3.39)

8.2.20 Any proposal to send someone to work as an undercover operative on an investigation into crime or serious anti-social behaviour must be referred to Editorial Policy.

(See 8.3.40)

8.2.21 Editorial Policy must be consulted about job applications by undercover operatives working on BBC investigations.

(See 8.3.43)

8.2.22 Before commencing investigations into serious criminality involving covert surveillance or recording of, and/or contacting people suspected of, acts of terror, serious criminal or extremist acts or violent groups, BBC Safety’s High Risk Team must be consulted. Editorial Policy and Programme Legal Advice must also be consulted.

(See 8.3.44)

8.3 Guidelines

Reporting crime

Material likely to encourage or incite crime

Mandatory Referral

8.3.1 Material likely to encourage or incite the commission of crime, or lead to disorder, must not be included in our services. Any proposal to broadcast content which risks inciting crime or disorder must be referred to Director Editorial Policy and Standards.

Material may include:

content which directly or indirectly amounts to a call to criminal action or disorder
content promoting or encouraging engagement in terrorism or other forms of criminal activity or disorder
hate speech which is likely to encourage criminal activity or lead to disorder.

There will be times when it is in the public interest [3] to include extreme or challenging views, particularly in news and current affairs output. In considering whether such output is ‘likely’ to encourage or incite crime or disorder, the relevant factors include:

whether the output includes direct or indirect calls to action
whether there is sufficient context and/or challenge to those views
the editorial purpose of the output

(See Section 5 Harm and Offence: 5.1)

the nature and seriousness of the behaviour being incited
the status or position of anyone featured in the output
whether the output is scheduled to be broadcast before the watershed or when children and young people are likely to be in the audience
whether there are significant freedom of speech considerations that justify the broadcast.

[3] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

8.3.2 In cases where potential law-breaking or civil disobedience form part of a current news story or public policy debate, editors must consider both their responsibility to reflect the debate or events fully and accurately and their obligation not to broadcast material likely to encourage or incite crime. Context and explanation will be critical.

The recording and broadcasting of criminal activity will not normally amount to encouragement or incitement, unless it reveals imitable detail. However, we should take care that criminal acts are not condoned or glamorised.

Direct calls or provocation to audiences to commit criminal acts should be challenged.

Illegal activities such as drug use should not be portrayed as problem-free or glamorous. It may be appropriate to reflect the negative consequences of such activities, over and above the fact they are illegal.

(See Section 5 Harm and Offence: 5.3.41-5.3.44)

Hate speech

8.3.3 We must ensure that material which contains hate speech is not included in our output unless it is justified by the context. Broadcasting hate speech can constitute a criminal offence if it is intended or likely to stir up hatred relating to race, religious belief or lack of religious belief or sexual orientation.

Further advice is available from Programme Legal Advice. The situation may differ in Scotland and advice is available from the Legal Director, Scotland.

(See Section 5 Harm and Offence: 5.3.38 and Section 4 Impartiality: 4.3.14)

Illegal Activity

Mandatory Referral

8.3.4 When investigating criminal activity we may want to record a specific crime or the planning of a specific crime. Where that might raise questions about our relationship with the criminal or involves witnessing serious criminal activity, it must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor, and to both Director Editorial Policy and Standards and Programme Legal Advice.

Approval to be present at, or record, serious illegal activity will be given only if it is clearly in the public interest [4]. Even then we must avoid:

condoning or glamorising criminal behaviour
encouraging or provoking behaviour which would not otherwise have occurred
directing the activity in any way.

Anyone admitting to or carrying out an illegal act could be prosecuted. Our research notes, diaries, emails, electronic communications and other paperwork as well as untransmitted rushes, may be obtained by the police using a court order. This material may also have to be disclosed as evidence to a court, tribunal or inquest. Care should be taken to ensure that the identities of any confidential sources are protected and do not appear in any notes that might become the subject of a court order.

(See Section 6 Fairness to Contributors and Consent: 6.3.26-6.3.30, Section 13 Re-use, Reversioning and Permanent Availability: 13.3.29-13.3.35, Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.39-8.3.46, and Section 11 War, Terror and Emergencies: 11.3.9-11.3.11)

8.3.5 We should not normally demonstrate or depict criminal techniques, because of the risk of imitation. Where we have editorial justification to show this material, we should still avoid revealing detail that could enable the commission of illegal activity or the ways in which it can be made more effective.

[4] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referral

8.3.6 There may be times when in the public interest [5] we may be justified in recording the illegal harming of animals by third parties, for the purpose of gathering evidence or to illustrate malpractice or cruel, anti-social or controversial behaviour. Any proposal to do so must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

(See Section 5 Harm and Offence: 5.3.31)

[5] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Impact on Victims

8.3.7 When we interview those responsible for crime/anti-social behaviour or reconstruct/dramatise past events, it may cause distress to victims and/or their relatives. We should, as far as is reasonably practicable, contact surviving victims, and/or the immediate relatives of the deceased and advise them of our plans. If it is necessary to use an intermediary, such as the police or social services, it is still our responsibility to check that the victims and/or immediate relatives have been informed and have the necessary details to contact us.

(See Section 7 Privacy: 7.3.46)

8.3.8 Reporting the facts about criminals may include detailing their family circumstances, but we should avoid causing unwarranted distress to these families. Nor should we imply guilt by association without evidence.

8.3.9 When we report historic crime, consideration should be given to the possibility that some of those involved – offenders, suspects, witnesses, relatives or victims – may have changed their names or addresses in order to re-establish their lives. Should that be the case, the extent to which we identify them or their new whereabouts should be given particularly careful thought.

8.3.10 We should consider the impact our reporting of crime may have on our audiences. We must take care not to add to people’s fears of becoming victims of crime if, statistically, this is very unlikely.

(See Guidance: Reporting Statistics)

Reconstructions

8.3.11 News programmes may report crime reconstructions staged by the police to gather evidence. They should not normally commission crime reconstructions themselves except for use at the conclusion of a trial or for reporting historic cases. Revisiting the scene of a crime and/or interviewing a victim or witness does not constitute a reconstruction.

(See Section 3 Accuracy: 3.3.24)

Reporting Police and Regulatory Investigations

8.3.12 Careful thought must be given in the early stages of a criminal or regulatory investigation as to whether there is justification for naming a suspect under investigation before charges – or their equivalent – are brought. Programme Legal Advice and Editorial Policy should normally be consulted.

(See Section 7 Privacy: 7.1)

Court Reporting and Covering Trials

8.3.13 Reporting restrictions cover preliminary proceedings in magistrates’ courts and Crown Courts in England and Wales so that normally only basic details can be reported. Reporting restrictions cover all proceedings in Youth Courts to protect the identity of any under-18 involved. We must not identify any child as being the subject of ongoing proceedings in family law cases (which includes, for example, care proceedings). Courts may also pass orders limiting what can be reported in a particular case. Particular care is needed to avoid the identification of victims in prosecutions for sexual abuse within the family.

(See Section 6 Fairness to Contributors and Consent: 6.3.31)

Reports of court proceedings must be fair and accurate. Unfairness may occur if we fail to report both the prosecution and defence cases. Having started covering court proceedings, we must report the verdict. If we are able and wish to cover a trial live on social media we must consistently cover the prosecution and defence case or only cover the verdict. Advice is available from Programme Legal Advice.

Mandatory Referral

When considering whether to identify a child or young person with a Criminal Behaviour Order or involved in court proceedings, Programme Legal Advice must be consulted. The situation may differ in Scotland and advice is available from the Legal Director, Scotland.

(See Section 9 Children and Young People as Contributors: 9.3.24 and Section 18 The Law: 18.4.3)

Dealing with Criminals and Perpetrators of Anti-Social Behaviour

Interviews

Mandatory Referral

8.3.14 Any proposal to interview a criminal active in, or wanted in, the UK must be referred to Director Editorial Policy and Standards. Interviews should only proceed if they are editorially justified, for example, in eliciting important information or insight.

8.3.15 When interviewing criminals, care must be taken to minimise the potential distress this may cause to victims of the crime or their relatives.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.7-8.3.9 and Section 7 Privacy: 7.3.41-7.3.42)

8.3.16 Interviews with active or convicted criminals must not glamorise wrongdoing, celebrate the flouting of the judicial process or reveal details that would enable a crime to be copied.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.4-8.3.6)

8.3.17 Contact with escaped prisoners or people wanted by the police may constitute a criminal offence.

Mandatory Referral

Any proposal to contact or interview such people must be referred to Director Editorial Policy and Standards and must be referred to Programme Legal Advice.

8.3.18 Internationally, there are different definitions of crime and a criminal. In some countries, for example, political dissidents and activists are defined as criminals, but interviews with them can be important in providing a full understanding of events. For others, we should apply the same principles as in the UK.

Mandatory Referral

Any proposal to interview an active criminal or person wanted anywhere outside the UK must be referred to Editorial Policy.

Payments

8.3.19 The BBC does not normally make payments, promise to make payments or make payments in kind, whether directly or indirectly (such as through fixers or intermediaries), to criminals, or to former criminals, who are simply talking about their crimes. In general the same should apply to families or relatives of criminals or former criminals. This is to protect our reputation, and the credibility of our interviewees and sources, as well as respecting the sensitivities of the victims of crime.

Mandatory Referral

Any proposal to pay a fee or to make a payment in kind to criminals, former criminals, their families or their associates (directly or indirectly) for interviews or other contributions relating to their crimes, must be referred to Director Editorial Policy and Standards.

A fee should only be paid for a contribution that is of clear public interest [6] and which could not have been obtained otherwise.

It may be appropriate to reimburse expenditure or loss of earnings incurred during the making of a contribution. Note that this is not intended to inhibit the rehabilitation of criminals or prevent payment to people with a criminal conviction who are making a contribution not about their crime.

8.3.20 People who may not have committed a crime but whose behaviour is clearly anti-social must not normally be paid a fee or a payment in kind for interviews or other contributions about their behaviour.

[6] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referral

Any proposal to make such payments, including payments in kind, must be referred to Director Editorial Policy and Standards.

Interviews with Prisoners

8.3.21 Prior to visiting a UK prison and conducting an interview with a prisoner for broadcast, content producers should normally seek permission from the UK prison authorities.

Mandatory Referral

Any proposal to enter a UK prison without permission to conduct an interview with a prisoner must be referred to Director Editorial Policy and Standards.

8.3.22 Prior to visiting an overseas prison and conducting an interview with a prisoner for broadcast we should normally ask permission from the prison authorities.

Mandatory Referral

Any proposal to enter an overseas prison without permission to conduct an interview with a prisoner must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards. If approved, the relevant international bureau should normally be informed and Programme Legal Advice consulted.

8.3.23 Prisoners may have access to public telephones and mobile phones, though their use may be restricted by prison rules.We would not normally broadcast live phone calls from prisoners without prior referral unless there is a strong editorial justification.

Mandatory Referral

The following proposals for phone interviews must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards:

– inviting a prisoner to initiate a call for broadcast purposes from a public or mobile telephone in prison
– broadcasting an unsolicited, pre-recorded call from a prisoner which was not referred before it was recorded.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.2)

8.3.24 In the case of prisoners convicted of serious crimes, particularly violent crimes, producers must consider how they can minimise distress to the victim or victim’s family.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.7-8.3.9 and Section 7 Privacy: 7.3.41-7.3.43)

Paedophiles and Other Sex Offenders

8.3.25 When paedophiles and other sex offenders have been released back into the community, there may be local sensitivities. We should report such matters where there is a public interest [7] while trying to avoid the following possible consequences:

incitement or facilitation of vigilante action
mistaken identity
driving the offender underground away from supervision where he or she is far more likely to reoffend
negative impact on the victims and their families, or the family of the offender
unjustified infringement of an offender’s privacy.

8.3.26 The BBC will normally only consider broadcasting the names or pictures of paedophiles or sex offenders who have served their sentences and been released from prison where the police have made these details public. Publication by other media is not a sufficient justification in itself.

[7] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referral

Any proposal to put the name of a convicted paedophile or other sex offender into the public domain, when their name has not been made publicly available by the police, or to broadcast pictures of them, must be referred to Director Editorial Policy and Standards.

8.3.27 When reporting on paedophiles and other sex offenders or when exposing potential paedophiles or sex offenders it is normally reasonable to name the town or city where they live. However, we should generally avoid giving information that could reveal their exact location. We should also consider consulting with the relevant police force if we intend to reveal their location or show a picture, to enable the police to address management issues in relation to the victim, the victim’s family, the offender and the offender’s family.

8.3.28 Interviews with paedophiles or other sex offenders must have strong editorial justification. Care should be taken to minimise potential distress an interview may cause to their victims or victims’ families. Any proposal to interview a paedophile or other sex offender who has been convicted of serious offences, in prison or on release from prison, should be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should normally consult Director Editorial Policy and Standards.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.7 and Section 7 Privacy: 7.3.41-7.3.42)

Disguising Identities

8.3.29 When someone in our output is involved in criminal or anti-social behaviour the BBC will normally reveal their identity. However, there may be circumstances when it is acceptable to disguise identities. These include:

legal reasons, such as possible contempt of court or defamation
protecting a source or sources
safety reasons, either in the UK or abroad
a situation where the consequences of public identification would risk being disproportionate to the wrongdoing
where we are exposing anti-social or criminal practice but the individuals involved are simply illustrative of the behaviour, for example when secretly filming for consumer or social research
where we are exposing anti-social or criminal practice but the individuals involved are not sufficiently culpable or responsible for their actions
where the contribution is of clear public interest in terms of the insight given and could not be obtained without disguising the contributor’s identity
where content is being re-used and the passage of time makes re-identification disproportionate.

(See Section 6 Fairness to Contributors and Consent: 6.3.26-6.3.30)

(See Guidance: Re-use of Factual Content Featuring Illegal or Anti-Social Behaviour)

Mandatory Referral

8.3.30 Any proposal to grant anonymity to someone seeking to evade UK law, where there is an ongoing investigation, must be referred to Director Editorial Policy and Standards. Programme Legal Advice should normally be consulted.

Children and Young People

8.3.31 A strong editorial justification is required for the broadcast of material related to the identity of anyone under 18 who is involved as a potential defendant in a court case before proceedings are commenced. There may also be legal restrictions once proceedings are active. Where there are active proceedings Programme Legal Advice must be consulted.

8.3.32 When considering whether or not to identify under-18s involved in anti-social or criminal behaviour, we should balance the consequences of identification, their age, and the seriousness of their behaviour against the public interest [8] in identification and our freedom of speech. However, we should not normally identify under-18s when featuring such behaviour simply to illustrate a practice.

(See Section 9 Children and Young People as Contributors: 9.3.24)

[8] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referral

When considering whether to identify a child or young person with a Criminal Behaviour Order or involved in court proceedings, Programme Legal Advice must be consulted.

Dealing with Witnesses and Victims of Crime

Interviews

Mandatory Referral

8.3.33 Any proposal to interview a witness about their evidence once court proceedings are under way, must be referred to Programme Legal Advice and Editorial Policy.

We must be scrupulous about our interviews with witnesses, both in the UK and overseas, to ensure that we do not interfere in the legal process. When conducting news interviews with people who have recently witnessed a crime we should be aware of the possibility of contempt of court if proceedings are imminent or are active. By interviewing a witness, we may be considered to be coaching them prior to their appearance in court. There is a risk we will give them information they do not have and a risk that any material we gather could be required by the court. Note that witnesses could include defendants and victims. Witnesses should not normally be interviewed about their evidence once proceedings are under way and until the verdict has been reached. Witnesses sometimes claim to have been coached by a journalist. To protect ourselves against any unfair accusation and, with the knowledge of the interviewee, we should record and keep the entirety of the material.

Payments

8.3.34 Witnesses, or anyone who may reasonably be expected to be called as a witness during active criminal proceedings, must not be paid, or promised a payment, directly or indirectly (such as through fixers or intermediaries), for their story. No payment should be suggested or made dependent on the outcome of the trial. Only actual expenditure or loss of earnings necessarily incurred during the making of a contribution may be reimbursed.

8.3.35 People who might reasonably be expected to be witnesses where criminal proceedings are likely and foreseeable should not be paid for their story unless there is a clear public interest [9], such as the investigation of a crime or serious wrongdoing, and the payment is necessary to elicit the information. Where such a payment is made it will be appropriate to disclose the payment to both defence and prosecution if the person becomes a witness in any subsequent trial.

[9] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referral

8.3.36 Any proposal to pay a witness or potential witness in a trial must be referred to Director Editorial Policy and Standards and Programme Legal Advice.

Disguising Identities of Witnesses and Victims of Crime

8.3.37 There may be legal reasons why the identities of people involved in a trial may not be reported. If it is necessary to protect the identity of crime victims and witnesses, anonymity normally means no name, no address, no photograph, or any other clue as to identity.

We should also take care not to identify people indirectly by what is known as a ‘jigsaw effect’. This occurs when separate reports, which could be in different media, give different details of a case which, when pieced together, reveal the identity of the person involved. The risk is at its highest when reporting sexual crime within the family. For example, we should take care not to refer to incest where someone might be identified as the victim. In such cases, incest should be described as a ‘serious sexual offence’.

(See Section 6 Fairness to Contributors and Consent: 6.3.26-6.3.30 and Section 18 The Law: 18.4.2)

Children and Young People Who Are Witnesses or Victims of Crime

8.3.38 We must take care when dealing with anyone under 18 involved as a witness or victim, when reporting an investigation into an alleged criminal offence in the UK. We must make judgements about their vulnerability before revealing their name, address, school or other educational establishment, how they are identified on social media, place of work, or any still or moving picture of them.

(See Section 9 Children and Young People as Contributors)

If criminal proceedings follow, there are likely to be legal restrictions surrounding the publication of information leading to the identity of anyone under 18 who is a witness or a victim. For further information contact Programme Legal Advice. There are separate legal considerations in Scotland. Advice is available from the Legal Director, Scotland.

Investigations into Crime and Anti-Social Behaviour

8.3.39 Investigations are an important way of uncovering matters of significant public interest [10], but must be editorially justified.

[10] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referrals

Any proposal to undertake an investigation into crime or serious anti-social behaviour must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy and Programme Legal Advice should normally be consulted.

8.3.40 Any proposal to send someone to work as an undercover operative on an investigation into crime or serious anti-social behaviour must be referred to Editorial Policy.

8.3.41 It is good practice before an investigation is commissioned and before seeking editorial approval and legal advice, to consider the following questions:

what is the justification for using any deception, undercover work or secret recording to gather further evidence?
is this the only way to proceed?
what prima facie evidence already exists?
what is the background and motivation of any sources?
are any of the sources confidential and can their confidentiality be maintained?
what are the possible consequences of our actions?

(See Section 7 Privacy: 7.1 and 7.3.10-7.3.16 and Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.4-8.3.6)

Mandatory Referrals

8.3.42 Director Editorial Policy and Standards must approve any proposal to employ someone known to have a criminal record or background of illegal activity to work on a BBC investigation.This includes editorial members of the production team and undercover operatives.

8.3.43 Editorial Policy must be consulted about job applications by undercover operatives working on BBC investigations. The use of false information on a job application should normally be kept to the minimum necessary.

(See Guidance: Investigations)

8.3.44 Before commencing investigations into serious criminality involving covert surveillance or recording of, and/or contacting people suspected of, acts of terror, serious criminal or extremist acts or violent groups, BBC Safety’s High Risk Team must be consulted. Editorial Policy and Programme Legal Advice must also be consulted.

(See Section 11 War, Terror and Emergencies: 11.3.22)

8.3.45 During the investigation, the methods used (including any secret recording, undercover work or other deception) must be kept under constant review to ensure they continue to be justified and relevant.

(See Section 7 Privacy: 7.3.10-7.3.16)

8.3.46 If an investigation is successful the BBC’s involvement may continue far beyond the original broadcast. The police or prosecuting authorities may wish to interview members of the investigating team, including undercover operatives, about our methods and findings. Members of the team may be called as witnesses in a prosecution. It is important to ensure that our editorial justification and methods used during the investigation can withstand scrutiny.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.29-13.3.35)

(See Guidance: Investigations)

Untransmitted and Unused Material from Discontinued Investigations

8.3.47 Occasionally circumstances will arise in which allegations or evidence of illegal behaviour are discovered in the course of an investigation which is not broadcast. Editorial managers should normally consider whether material suggesting serious breaches of the law should be made available to the police or to any other appropriate authority. Director Editorial Policy and Standards must be consulted. We must never agree to provide access to unused material if it contains information that identifies a confidential source.

Mandatory Referral

Any intention to supply material of any sort to the police or any other third party in these circumstances must be referred to Director Editorial Policy and Standards and to Programme Legal Advice.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.31-13.3.35)

Section 9: Children and Young People as Contributors

9.1 Introduction

Children and young people are important to the BBC. They contribute and interact with us in many different ways – as contributors, performers, presenters, through our interactive and user-generated content, via all our services.

We should serve them with high-quality, distinctive and duly impartial output and services which inform, educate and entertain. Ensuring the content they consume is appropriate is considered throughout the Editorial Guidelines and, specifically, in Section 5 Harm and Offence. This section is concerned with how we deal with under-18s who contribute to and interact with our content, whether or not it is aimed at them, or routinely includes them as contributors [1].

Children and young people have a right to speak out and to participate, as enshrined in the United Nations Convention on the Rights of the Child, but we must safeguard the welfare of those who contribute to our content, wherever in the world we operate and irrespective of any consent that might have been given by a parent or other adult acting in loco parentis.

We are also subject to the law regarding children and the BBC’s Child Protection Policy. For the purposes of this section of the Editorial Guidelines and unless stated otherwise, a child is someone under the age of 16 years. Young people are those aged 16 and 17. It should be noted that these are not legal definitions.

We must take due care over the physical and emotional welfare and the dignity of under-18s who take part or are otherwise involved in our editorial content, irrespective of any consent given by them or by a parent, guardian or other person acting in loco parentis. Their welfare must take priority over any editorial requirement.

Due care towards children and young people who take part or are otherwise involved in our editorial content is the level of care that is appropriate in the particular circumstances. We must judge this taking into account the nature of the editorial content and the nature and degree of the children’s and young people’s involvement, along with other relevant factors including age, sex, gender, maturity, cultural, ethnic and religious background, personal circumstances, previous life experiences and capacity to make judgements about their participation and its likely consequences. We should not assume that every under-18 will respond in the same way when participating in our content.

We must ensure that under-18s are not caused unnecessary distress or anxiety by their involvement in our output. Their involvement must be editorially justified, consents should be obtained as appropriate to the circumstances of the person and the nature of the contribution and content, and support should be given to them where necessary.

[1] The sections of the Ofcom Broadcasting Code that relate to this are 1: Protecting the Under-Eighteens, ‘The involvement of people under eighteen in programmes’; 7: Fairness and 8: Privacy.

9.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

9.2.1 In the course of our work if we suspect a person under 18 may be at risk, or we are alerted to a child welfare issue, the situation must be referred promptly to the divisional Working with Children Adviser [2] or, for independent production companies, to the commissioning editor. If we are concerned about an adult, including a member of staff, working with a child the situation must be referred promptly to the BBC Safeguarding Lead [3] or Head of Investigations [4] or, for independent production companies, to the commissioning editor.

(See 9.3.2)

9.2.2 If a child is in immediate danger or requires medical attention dial emergency services, (999 in the UK), and ask for the appropriate emergency service. The BBC Safeguarding Lead or, for independent production companies, the commissioning editor, should be informed urgently.

(See 9.3.3)

9.2.3 Any online safeguarding concerns, whether related to online grooming or child abuse images, must be referred to the Head of Safeguarding, Policy and Compliance [5] immediately.

(See 9.3.4)

9.2.4 Any proposal not to pre-moderate online spaces directed to under-18s must be referred to Editorial Policy.

(See 9.3.10)

9.2.5 Any proposal to reveal an under-18’s personal information to a third party without their consent must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should consult Editorial Policy, Child Protection and Safeguarding, and Information Rights.

(See 9.3.11)

9.2.6 Any proposal to continue with the contribution of a child or young person after a refusal of parental consent, or in the absence of it, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy should also be consulted.

(See 9.3.16)

[2] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers.

[3] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers.

[4] See Investigations site: available on Gateway for BBC staff or via commissioning editors for independent producers.

[5] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers.

9.3 Guidelines

Safeguarding the Welfare of Children and Young People

9.3.1 We should apply the principles of the BBC Child Protection Policy in our dealings with children and young people.

9.3.2 All children and young people have a right to protection from harm and abuse.

Mandatory Referrals

In the course of our work if we suspect a person under 18 may be at risk, or we are alerted to a child welfare issue, the situation must be referred promptly to the divisional Working with Children Adviser [6] or, for independent production companies, to the commissioning editor. If we are concerned about an adult, including a member of staff, working with a child the situation must be referred promptly to the BBC Safeguarding Lead [7] or Head of Investigations [8] or, for independent production companies, to the commissioning editor.

9.3.3 If a child is in immediate danger or requires medical attention dial emergency services, (999 in the UK), and ask for the appropriate emergency service. The BBC Safeguarding Lead or, for independent production companies, the commissioning editor, should be informed urgently.

9.3.4 Any online safeguarding concerns, whether related to online grooming or child abuse images, must be referred to the Head of Safeguarding, Policy and Compliance [9]immediately.

(See Guidance: Interacting with Children and Young People Online)

[6] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers.

[7] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers.

[8] See Investigations site: available on Gateway for BBC staff or via commissioning editors for independent producers.

[9] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers.

9.3.5 The information we disclose about children and young people must not put them at risk of harm.

If it has been established that we should not disclose an under-18’s location, we must not do so inadvertently by a jigsaw effect, ie revealing several pieces of information in words or images or voice that can be pieced together to make it easy to identify where the person may be found. Avoiding the jigsaw effect should take account of information already in the public domain.

(See Section 6 Fairness to Contributors and Consent: 6.3.26-6.3.30)

9.3.6 Protecting children and young people online is a shared responsibility for the BBC, parents/guardians and the under-18 concerned.

(See Guidance: Interacting with Children and Young People Online)

9.3.7 Children and young people have a right to a voice but we must not encourage them to participate in online spaces when they are younger than the minimum age requirement of the site.

9.3.8 When children access BBC online services we may first need to obtain parental consent for some activities, such as commenting or voting. There may be additional data protection considerations where we are collecting the personal data of children. For further advice, consult the Data Protection Handbook [10] and take advice from Information Rights.

9.3.9 When online content is likely to appeal to a high proportion of children and young people we should offer links to relevant advice to help them understand and minimise the possible risks they face online. Safety information should be prominent, accessible and clear.

(See Section 17 Competitions, Votes and Interactivity: 17.3.45-17.3.56)

(See Guidance: Interacting with Children and Young People Online)

9.3.10 Online spaces directed to under-18s should normally be pre-moderated.

[10] See Data Protection Handbook: available on Gateway for BBC staff or via commissioning editors for independent producers.

Personal Information

9.3.11 We should not request more personal information from children and young people than is necessary. We must store and dispose of any personal information according to the BBC data protection policy [11].

[11] See Data Protection Handbook: available on Gateway for BBC staff or via commissioning editors for independent producers; and BBC Privacy and Cookies Policy.

Mandatory Referral

Any proposal to use any other form of moderation for under-18s must be referred to Editorial Policy who will consider whether the proposed form of moderation would offer an appropriate level of child protection. We should not link to unmoderated spaces for an audience of under-18s.

Approval will normally only be given:

for safeguarding and child protection reasons or
where a public interest [12] outweighs the expectations of privacy or
where there is a legal requirement to provide the information.

(See Section 7 Privacy: 7.3.47-7.3.52)

For any requests from third parties for release of untransmitted content, see Re-use, Reversioning and Permanent Availability.

(See Section 13 Re-use, Reversioning and Permanent Availability)

Informed Consent for Children and Young People

9.3.12 When featuring under-18s in our output we should normally ensure they are willing to participate and we should respect any refusal to take part.

Information should be delivered in a way they can understand and should include any likely positive and negative consequences of participation, in addition to other details necessary for obtaining informed consent.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.10 and Section 7 Privacy: 7.1)

9.3.13 Children may find it difficult to contradict an adult’s suggestion to participate so it is important to make clear to the child that it is acceptable to agree or disagree when asked to participate.

Parental Consent

9.3.14 Parental consent means the informed consent of a parent, legal guardian, or other person aged 18 or over acting in loco parentis, including a head teacher.

In addition to establishing the willingness to participate of the child or young person, we should normally seek parental consent before interviewing anyone under the age of 16, or otherwise involving them in our output, wherever in the world we are working. An exception may be when giving a chance for under-16s to speak on non-sensitive subjects where it is not controversial for them to hold and express their views and it is not practicable to get parental consent.

However, the younger and/or more vulnerable the child and the more sensitive the subject matter, the more likely it is that parental consent is essential. Parental consent should normally be obtained if children are asked for views on matters likely to be beyond their capacity to answer properly.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.10 and Section 9 Children and Young People as Contributors: 9.1)

9.3.15 We should exercise due care in deciding whether an under-18 is able to indicate their willingness to participate in our content. If a young person is 16 or 17 it may still be appropriate to seek parental consent in some cases, depending on the circumstances of the young person and the nature of the programme and contribution, including when the content is sensitive or where the contributor could be considered vulnerable. It may also be appropriate to seek parental consent for performers aged 16 and 17 if they are being asked to perform or to be present in scenes featuring potentially harmful or offensive content.

Where parental consent is required and parents are estranged or another person or the local authority has parental responsibility for the child or young person we should normally obtain the consent of the parent, person or local authority who the child or young person resides with and who has parental responsibility, depending on the circumstances of the case and the subject matter. We should consider the extent of the other parent’s involvement with the under-18 and, where we are not seeking their consent, listen to any reasonable objections they may have.

[12] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referral

9.3.16 Any proposal to continue with the contribution of a child or young person after a refusal of parental consent, or in the absence of it, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

Approval will normally only be given:

if this is justified in the public interest [13] or
when giving the under-18 freedom of expression and
if it is in their interest to participate.

Editorial Policy should also be consulted.

9.3.17 Children and young people are often eager to contribute to our output, but many lack the judgement necessary to assess the longer-term impact it could have on their lives. Parents may also not understand the full implications of their child taking part.

We must assess whether it is appropriate for an under-18 to contribute to our output, irrespective of parental consent or the individual’s assent. We must not proceed if to do so would be harmful to their welfare or would otherwise not meet the standards of the Editorial Guidelines.

(See Section 9 Children and Young People as Contributors: 9.3.21-9.3.22)

9.3.18 As part of our due care requirements, in some circumstances it may be appropriate to check the individual’s social, family, health and educational circumstances and/or to seek advice from an expert on the likely impact of participation on the individual.

9.3.19 When under-18s submit user-generated content or when we ask them for personal information online, we must select the standard of proof of parental consent that is appropriate, taking into account the sensitivity of the subject matter and the age of the individual.

(See Guidance: Interacting with Children and Young People Online)

9.3.20 When we invite children to interact with us using phone, text or other technology that costs money, we must prompt them to seek permission from the bill payer.

The Impact of a Contribution

9.3.21 Even when we have secured parental consent we must consider the impact and possible consequences of any content which involves a child or young person, at all stages of the production process, including the period after transmission and any availability online, and must put appropriate measures in place where necessary. This applies both when we have approached the under-18 to contribute and when they have approached us, including with user-generated content. We should consider the potential negative impact of social media on the under-18 and advise them and their parents/guardians accordingly.

Procedures, risk assessments and contingencies for the impact of participating on an individual’s emotional and mental well-being and welfare may be appropriate in some circumstances. It may also be appropriate for records of these and other documents, including details of checks, correspondence and concerns to be kept as long as they are relevant.

In some circumstances it may be appropriate throughout the production to retain an expert whose advice has been sought prior to participation, as part of our due care requirements.

In scripted output, depending on the nature of the editorial content, it may be appropriate to create a redacted script for a child or young person, and for them not to be present at read-throughs and on set during the recording of material that would be inappropriate for them to see or hear.

(See Guidance: Working with Children and Young People as Contributors)

9.3.22 We normally aim to work with children in the presence of those responsible for their supervision, although circumstances may vary. When sensitive issues are being discussed with an under-18, it is often advisable to have someone there who is familiar to them and who can help safeguard their interests. It may be appropriate for other expert support to be available for them during the production process.

9.3.23 Children and young people should be given a voice but we must also be alert to occasions when they exaggerate, try to please or report gossip or hearsay as fact. Criminal or anti-social behaviour should not go unchallenged.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.14-8.3.20)

9.3.24 When considering whether or not to identify under-18s involved in anti-social or criminal behaviour, we should weigh up the consequences of identification, their age, and the seriousness of their behaviour against the public interest [14] in identification and our freedom of speech. Programme Legal Advice should normally be consulted. However, we should not normally identify under-18s when featuring such behaviour to illustrate a practice.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.31-8.3.32 and Section 6 Fairness to Contributors and Consent: 6.3.3)

There may also be legal reasons for not identifying an under-18, including someone involved in court proceedings.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.13 and Section 18 The Law: 18.4.3)

Under-18s whose parents are engaged in anti-social or criminal activity should only be identified if the welfare of the child will not be harmed and if it is editorially justified.

(See Section 7 Privacy: 7.3.35-7.3.38)

Licensing of Child Performers

9.3.25 In law, performances by under-16s (and some 16-year-olds still in full-time education) should normally be licensed by the relevant local authority in England, Scotland or Wales or by the relevant education authority in Northern Ireland. Internationally, local laws should normally be complied with. Children taking part in a performance must also, at all times during the engagement, be in the care of a chaperone. BBC Child Protection Policy is that professional licensed chaperones must be used whenever possible. Advice is available from Child Protection and Safeguarding.

[13] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

[14] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Section 10: Politics, Public Policy and Polls

10.1 Introduction

The principles relating to the BBC’s political impartiality and independence from political influence are central to our coverage of politics and public policy. Over an appropriate timeframe we must aim to give due weight and prominence to all the main strands of argument and to all relevant political parties. Although those in government will often be the primary source of news and will, in particular, need to be held to account, the voices and opinions of other parties should also be routinely aired and challenged. One of the BBC’s public purposes is ‘To provide impartial news and information to help people understand and engage with the world around them … so that all audiences can engage fully with major local, regional, national, United Kingdom and global issues and participate in the democratic process, at all levels, as active and informed citizens. [1]’ It follows that there is a special responsibility to audiences who are about to vote in elections or referendums.

Political opinion and campaigning are not limited to political parties and due impartiality must apply across the range of political activity and to all contributors to political debate.

The Guidelines in this section should be read in conjunction with Section 4 Impartiality. Following both will ensure the BBC’s output meets the standards in Sections 5 (Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions) and 6 (Elections and Referendums) of the Ofcom Broadcasting Code.

The BBC must treat matters of politics and public policy with due accuracy and impartiality and must not express an opinion on matters of public policy other than policy concerning broadcasting or the provision of online services.

[1] Article 6(1) Broadcasting: Royal Charter for the Continuance of the British Broadcasting Corporation December 2016.

10.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Editorial Policy

10.2.1 Where content would not normally include political issues, political opinion or politicians (for example, sport, quiz/panel shows, factual entertainment) content producers must consult the Chief Adviser Politics in advance before inviting a politician (or anyone who has taken a prominent political stance) to take part in their output, or before accepting a request to participate. This reference is irrespective of whether their contribution to the output is itself ‘political’. Where there is a proposal to involve in such output others who may have taken a prominent political stance, advice is available from Editorial Policy.

(See 10.3.2)

10.2.2 Chief Adviser Politics must be consulted in advance about proposed bids or offers of interviews (or other active participation) for the Prime Minister and Leader of the Opposition at Westminster, the First Ministers of Scotland and Wales and the First Minister and Deputy First Minister in Northern Ireland. In the nations of the UK, the respective Heads of News must also be consulted.

(See 10.3.3)

10.2.3 Any proposal to amend material from the chambers of Parliaments or Assemblies (including Westminster) or any proposal to use material from the Parliaments or Assemblies at all outside news, factual programmes or content for educational purposes must be referred to the Chief Adviser Politics.

(See 10.3.7)

10.2.4 Any request for a ministerial broadcast or a reply to a ministerial broadcast must be referred promptly to Chief Adviser Politics.

(See 10.3.11)

10.2.5 Any approach by a government department to relay official messages or information films which involve a degree of public policy or political controversy must be referred to Chief Adviser Politics.

(See 10.3.12)

10.2.6 Any proposal to commission an opinion poll (or use other methods, such as data analysis) with the intention of sampling party political support or voting intentions must be referred in advance to Chief Adviser Politics for approval.

(See 10.3.27)

10.2.7 Any proposal to commission an opinion poll on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area, must be referred to Chief Adviser Politics.

(See 10.3.28)

10.2.8 Any proposal to report voting intention derived through methods other than polling – such as data analysis – must be referred to the Chief Adviser Politics.

(See 10.3.30)

10.2.9 Any proposal to commission a BBC survey on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area, must be referred to Chief Adviser Politics.

(See 10.3.36)

10.2.10 Any proposal to conduct a vote on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area, must be referred to Chief Adviser Politics.

(See 10.3.46)

10.2.11 Any proposal to carry out a phone, text or online vote must also be referred to the Interactivity Technical Advice and Contracts Unit (ITACU) and the appropriate approval process must be completed.

(See 10.3.47)

10.3 Guidelines

Reporting UK Political Parties

10.3.1 The UK has diverse political cultures in the different nations; so achieving appropriate coverage for political parties, especially for UK-wide output, means assessing relative political strength in this devolved structure. Achieving due impartiality involves taking account of the different parties in each nation, as well as those with electoral support across the UK.

Particular care should be taken with the use of language in this context, for example avoiding phrases such as ‘the main parties’, unless appropriately qualified, or descriptions of smaller parties as ‘minor’.

When referring to a policy, it should be clear to the audience which part of the UK it applies to.

(See Guidance: Reporting the UK)

Political Interviews and Contributions

10.3.2 Requests for political interviews should be clear about the nature of the output and the context for which they are intended. All arrangements must stand up to public scrutiny and must not prevent interviewees being asked appropriate questions.

When inviting politicians, or those who may be seeking office, to contribute to non-political output, whether on the basis of their expertise outside politics or of their celebrity, we must not give them such prominence as to afford undue political advantage, especially in the run-up to and during election periods. Where relevant, their political allegiance should be made clear to the audience.

Mandatory Referral

Where content would not normally include political issues, political opinion or politicians (for example, sport, quiz/panel shows, factual entertainment) content producers must consult the Chief Adviser Politics in advance before inviting a politician (or anyone who has taken a prominent political stance) to take part in their output, or before accepting a request to participate. This reference is irrespective of whether their contribution to the output is itself ‘political’. Where there is a proposal to involve in such output others who may have taken a prominent political stance, advice is available from Editorial Policy.

Interviews with or Profiles of Party Leaders

10.3.3 Due weight should be given over time to participation by party leaders in any output; the BBC should be consistent and robust in its approach to interviews, ensuring there is appropriate scrutiny and editorial independence, which may, on occasion, require bids to be co-ordinated and rationalised.

Mandatory Referral

Except for brief news interviews gathered on the day without pre-arrangement, Chief Adviser Politics must be consulted in advance about proposed bids or offers of interviews (or other active participation) for the Prime Minister and Leader of the Opposition at Westminster, the First Ministers of Scotland and Wales and the First Minister and Deputy First Minister in Northern Ireland. In the nations of the UK, the respective Heads of News must also be consulted.

10.3.4 Chief Adviser Politics (and, where appropriate, the relevant Head of News and Current Affairs) should also be told whether the invitations are refused or accepted to ensure:

the BBC as a whole is robust and consistent in its dealings with the parties
at all times of high demand bids are rationalised within the BBC
due weight is given to appearances over time
there is a consistent editorial approach, for instance, in terms of tone, in any series of interviews.

Payment to Politicians

10.3.5 We should not normally pay active salaried politicians, such as MPs, MSPs, AMs, MLAs, or others clearly identified as representing political parties, for routine appearances or other contributions to BBC output in which they are speaking for their party or expressing political views. They can, where appropriate, be paid a limited and realistic disturbance fee and/or any reimbursement for genuine expenses.

They may be paid for contributions to non-political output, where they are appearing on the basis of their expertise outside politics, or of their celebrity, or, exceptionally, where they are taking part as a politician but fulfilling a role beyond that of a normal political contribution.

(See Section 10 Politics, Public Policy and Polls: 10.3.2-10.3.4)

Parliamentary Broadcasting

10.3.6 The House of Commons, the House of Lords, committees of both houses, as well as the Scottish Parliament and the Assemblies in Wales and Northern Ireland have rules of coverage which should normally be observed.

Mandatory Referral

10.3.7 Any proposal to amend material from the chambers of Parliaments or Assemblies (including Westminster) or any proposal to use material from the Parliaments or Assemblies at all outside news, factual programmes or content for educational purposes, must be referred to the Chief Adviser Politics.

Political Broadcasts

Party Political, Election and Referendum Broadcasts

10.3.8 We are obliged to make airtime available for party and referendum campaign broadcasts [2]. These are separate from the BBC’s own content, and their transmission does not imply BBC support for the views contained in them.

Appropriate allocation of a series of broadcasts fulfils the requirement for due impartiality.

10.3.9 The copyright of broadcasts belongs to the parties or referendum campaign groups, but extracts may be used without their consent.

10.3.10 Parties make the broadcasts at their own expense and are responsible for their content. However, we have to ensure they are compliant for broadcast, conforming to the law, and the relevant parts of both the Ofcom Broadcasting Code and the BBC Editorial Guidelines as outlined on the Broadcasters’ Liaison Group website.

Ministerial Broadcasts and Government Information

10.3.11 In exceptional circumstances, such as a decision to go to war, the BBC may be required [3] to provide time for a broadcast by a UK government minister. In such circumstances, it may also be necessary for the BBC to consider whether responses from other political parties are appropriate. The BBC, as broadcaster, has the final say on the broadcast’s acceptability in terms of its compliance with appropriate legal and other standards.

[2] Schedule 3 (5), Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

[3] Clause 67 Defence and Emergency Arrangements, Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

Mandatory Referrals

Any request for a ministerial broadcast or a reply to a ministerial broadcast must be referred promptly to Chief Adviser Politics.

10.3.12 Any approach by a government department to relay official messages or information films which involve a degree of public policy or political controversy must be referred to Chief Adviser Politics.

Elections

UK Elections and Referendums

10.3.13 Our commitment to impartiality and fairness is under intense scrutiny when people are preparing to vote. The BBC publishes specific guidelines for each national election and referendum which supplement the Editorial Guidelines. For elections, they include a code of practice regarding the participation of candidates in each constituency or electoral area, as required by electoral law.

During election periods and in the run-up to election campaigns, some output (for instance, one-off dramas even if of a historical nature, appearances by politicians in non-political output or programmes achieving impartiality by relying on a longer timescale) may need extra care and consideration with regard to scheduling. The Chief Adviser Politics should be consulted at an early stage.

10.3.14 Content producers should take all complaints seriously and be aware that anything they say may be construed as ‘BBC policy’. It should be explained to complainants that general complaints or allegations of bias are normally dealt with at a higher level, and the complaint should then be referred accordingly. Political parties, activists and referendum campaigners may seek to influence editorial decisions.

10.3.15 The BBC should make, and be able to defend, editorial decisions on campaign coverage on the basis that they are reasonable and carefully reached, with due impartiality. News judgements must continue to drive editorial decision-making in news-based programmes and those judgements at election time must be made within a framework of democratic debate. That framework should ensure that due weight is given to conveying, examining and challenging the views and policies of all relevant parties. UK-wide coverage must take account of and reflect the different political structures in the four nations of the United Kingdom.

10.3.16 The way in which due impartiality is achieved among parties will vary, depending on the format, output and platform. Deciding respective levels of coverage for different political parties, who have varying levels of political support, requires, primarily, good and impartial editorial judgement, rather than mathematical formulae. But content producers must take responsibility for achieving due impartiality in their own output without necessarily relying on other BBC content or services.

10.3.17 On polling day the BBC, in common with other broadcasters, will cease to report campaigns from 06.00 until the polls close. Coverage will be restricted to uncontroversial factual accounts, such as the appearance of politicians at polling stations or the weather. Subjects which have been at issue or part of the campaign, or other controversial matters relating to the election, must not receive coverage before the polls close, to ensure that nothing in the BBC’s output can be construed as influencing the ballot.

Reporting Overseas Elections and Referendums

10.3.18 The principles of fairness and due impartiality that underlie the BBC’s coverage of UK votes should also inform reporting in other countries. However, reporting of elections overseas may take into account the circumstances under which the particular election is being held, especially where there are questions about the openness or fairness of the democratic process.

10.3.19 Additional issues may arise when BBC content is aimed at an audience within the country where an election or referendum is taking place. Content originally made for the UK audience and distributed on international services may influence a vote. Where appropriate, distribution may need to be delayed until polling is over.

Legal Issues and Overseas Elections and Referendums

10.3.20 UK electoral law does not apply to elections outside the UK, but other countries may have specific laws applying to reporting during their votes. Where BBC content is distributed specifically to that country there may be legal issues to consider.

In some countries, legal requirements around votes may come into conflict with the BBC’s fundamental editorial principles, especially those of fairness and impartiality. In such cases, the BBC will maintain the editorial principles in its output even if that means the local broadcaster is unable to re-distribute BBC content or services. This is particularly important for BBC World Service, BBC World News and BBC Online, which all reach overseas audiences.

Opinion Polls, Surveys and Votes

10.3.21 Accuracy, credibility and impartiality are as important when the BBC reports on ‘polls’ and ‘surveys’ as elsewhere.

10.3.22 ‘Polls’ or ‘surveys’ commissioned by the BBC carry reputational risk, so care must be taken to ensure that the audience can trust their findings, and that we do not give them undue weight when reported.

10.3.23 For any BBC-commissioned opinion poll, the methodology, data and accuracy of the language used to report it, must stand up to scrutiny.

The BBC’s reporting of a poll it has commissioned must not suggest a BBC view on a particular policy or issue, or that it has been commissioned with the intention of influencing opinion on a current controversy.

Commissioning Opinion Polls

10.3.24 We must ensure that any poll conducted jointly with another organisation meets the requirements of due impartiality.

10.3.25 We should take particular care in commissioning opinion polls seeking the views of children and young people; the Chief Adviser Politics should normally be consulted.

10.3.26 When the BBC commissions opinion polls, the full results and accompanying data should normally be published. Any proposal not to do so should be referred to the Chief Adviser Politics.

10.3.27 The BBC rarely commissions polls on voting intention or other indications of party political support.

Mandatory Referrals

Any proposal to commission an opinion poll (or use other methods, such as data analysis) with the intention of sampling party political support or voting intentions must be referred in advance to Chief Adviser Politics for approval.

10.3.28 Any proposal to commission an opinion poll on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area, must be referred to Chief Adviser Politics. Technical advice, for example, on question design, is available from the Political Research Unit.

(See Section 4 Impartiality: 4.3.4-4.3.9)

(See Guidance: Opinion Polls, Surveys, Questionnaires, Votes and Straw Polls)

10.3.29 Polling can be conducted face to face, over the telephone or online. In the UK, on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area, polls should normally be commissioned using members of the British Polling Council.

Reporting Opinion Polls

10.3.30 When reporting the findings of opinion polls (especially voting intention polls in the United Kingdom), whether commissioned by the BBC or others:

the result of an opinion poll should not be the lead or be headlined in broadcast or other output, unless it has prompted a story which itself merits being the lead or headlined and reference to the poll’s findings is necessary to make sense of the story
language should not give greater credibility to polls than they deserve. For example, polls ‘suggest’and ‘indicate’, but never ‘prove’ or ‘show’
we should not normally rely on the interpretation given to a poll’s results by the organisation or publication which commissioned it
the BBC should report the methodology used, the organisation which carried out the poll and the organisation or publication which commissioned it. Such polls should not be described as ‘a BBC poll’. All relevant details, including the questions, results and sample size, should be made available so the audience can understand the methodology and results
where editorially relevant, dates of the fieldwork and subsequent events which may have shifted opinion should be reported.

Additional consideration when reporting voting intentions:

the findings of voting intention polls must be reported in the context of trend, which may consist of the results of all major polls over a period or may be limited to the change in a single pollster’s findings. Poll results which are out of step without convincing explanation should be treated with particular care
the audience should be told when the reported difference between two significant parties is less than the margin of error of the polling methodology.

Mandatory Referral

Any proposal to report voting intention derived through methods other than polling – such as data analysis – must be referred to the Chief Adviser Politics.

10.3.31 The BBC must consider whether the findings from polls are sufficiently credible to report. Where there are doubts about the methodology of a poll or the bona fides of those carrying it out, appropriate qualifying language is essential. Advice is available from the Political Research Unit.

Opinion Polls During Elections and Referendums

10.3.32 Guidelines for each formal election and referendum period will include specific advice on the treatment of opinion polls.

10.3.33 No opinion poll on any subject relating to politics or the relevant election, including voting intention polls, may be published on polling day until after the polls have closed; it is a criminal offence in the UK to publish information about how people have voted while the polls are open.

Surveys

10.3.34 A survey, asagainst an opinion poll, is normally addressed to a smaller and specific group. This may be a group of individuals (such as MPs, university vice-chancellors or members of a particular society) or a group of organisations (such as health trusts, FTSE 100 companies and local authorities).

10.3.35 If audiences are told that a survey has been commissioned by the BBC, they must have confidence that it has a level of statistical credibility which justifies any claims or assumptions about how representative it is.

Mandatory Referral

10.3.36 Any proposal to commission a BBC survey on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area, must be referred to Chief Adviser Politics.

(See Section 4 Impartiality: 4.3.4-4.3.9)

The survey must:

have a defined and finite group whose opinions, policies or behaviours are being analysed
have numerical parameters agreed in advance, such as an acceptable minimum response rate
have an agreed methodology, including questions that are worded appropriately and posed consistently
be reported in language that ensures nothing is claimed by the BBC which cannot be supported by the data.

10.3.37 The result should normally be reported using actual numbers of respondents; percentages should be used only with care and appropriate context.

10.3.38 Guidance must be prepared for other BBC outlets (including the press office) who may wish to report the findings, ensuring that adapting the language for other audiences does not alter the meaning or inflate the claims of the original research.

10.3.39 There may be a particular risk to the perception of the BBC’s impartiality if a survey is commissioned but not published, especially on politics or other ‘controversial subjects’. Before such a decision, Chief Adviser Politics should be consulted.

10.3.40 Surveys commissioned or carried out by other organisations should be treated with appropriate scepticism, and, where necessary, their methodology should be described. Care is required, particularly in news output, not to report such surveys in a way which leads the audience to believe they are more robust than is actually the case.

(See Guidance: Opinion Polls, Surveys, Questionnaires, Votes and Straw Polls; and Reporting Statistics)

Focus Groups

10.3.41 The BBC must not imply that the views of focus groups, however carefully selected, represent the views of the population as a whole, and they must not be used as a means of trying to estimate party support in the electorate at large.

Focus groups, when properly selected, may be used to examine why certain views are held but not the extent to which they are held.

10.3.42 Any proposal to commission focus group research on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area, should be referred to Chief Adviser Politics and the methodology checked with the Political Research Unit.

Vox Pops

10.3.43 It should always be clear that vox pops – either on the street or online – only illustrate some aspects of an argument and do not give any indication of the weight or breadth of opinion.

Phone, Text, Social Media, Online Votes and Other Straw Polls

10.3.44 ‘Straw polls’ – including phone, text, social media and online votes – have no statistical or numerical value.

They can be an effective form of interaction with the audience, illustrating a debate, but they should only be used with an explicit reference making it clear to audiences that they are self-selecting and not representative or scientific. Such votes cannot normally be said even to represent the audience for the programme or website; they only represent those who chose to participate. A large response does not necessarily make them more representative.

(See Section 17 Competitions, Votes and Interactivity: 17.3.1-17.3.5)

10.3.45 Results can be given within the context of the programme concerned in terms of actual numbers or as percentages if it is appropriate to the size of the response. However:

results should not feature in news bulletins
the summary of an online or text vote can be reported on the radio or television programme, website or blog with which it is associated, but it should not normally be reported elsewhere in news, on other television or radio programmes, on other BBC websites or in press releases
when straw polls are carried out on the same subject at different times, the results must not be presented in a way which may suggest a trend
straw polls should never be used to gather serious information on party political support.

10.3.46 Straw polls on controversial issues are vulnerable to highly organised pressure groups. The outcome, even when it is made clear that the poll is not representative, can damage the reputation of the BBC.

Mandatory Referrals

Any proposal to conduct a vote on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area, must be referred to Chief Adviser Politics.

10.3.47 Any proposal to carry out a phone, text or online vote must also be referred to the Interactivity Technical Advice and Contracts Unit (ITACU) and the appropriate approval process must be completed.

(See Section 17 Competitions, Votes and Interactivity: 17.3.1-17.3.5)

(See Guidance: Audience Interactivity; and Opinion Polls, Surveys, Questionnaires, Votes and Straw Polls)

Section 11: War, Terror and Emergencies

11.1 Introduction

The BBC has a special responsibility to its UK and international audiences when reporting conflict including wars, acts of terror, sieges and other emergencies. People across the world access our services for trustworthy news and information. They expect us to provide context and analysis and to offer a wide range of views and opinions. We need to be scrupulous in applying due accuracy and impartiality [1]

We must take care that our journalism does not put individuals at risk of additional harm or cause unnecessary distress.

We must consider our tone and language when reporting matters involving loss of life and human suffering. Some of our audience will have relatives or friends directly involved. We should avoid causing unnecessary offence whilst also ensuring that we continue to convey the reality of events and do not unduly sanitise our reporting. We will ensure, as far as is reasonably practicable, that next of kin do not learn of a relative’s death or injury from any of our content. There must be strong editorial justification for the use of very graphic pictures.

In addition to editorial and ethical considerations, the Terrorism Acts place legal obligations on individuals – including journalists – to disclose certain information to the police as soon as reasonably practicable.

Specific guidance on reporting war is issued, as required, on the Editorial Guidelines website.

At times of war, terror, emergency or disaster, we should keep all of our output under review, particularly scheduled programmes (including films, drama, comedy and music) and trails, to identify anything which might be thought inappropriate in the light of events.

(See Section 3 Accuracy: 3.1, Section 4 Impartiality: 4.1, Section 7 Privacy: 7.3.41-7.3.45 and Section 5 Harm and Offence: 5.3.11 and 5.3.54)

[1] The sections of the Ofcom Broadcasting Code that relate to this are 3: Crime, Disorder, Hatred and Abuse and 8: Privacy.

11.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

11.2.1 Any proposal to attend an event staged by proscribed organisations or groups known for mounting acts of terror, in order to be recorded, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Referral must also be made to Director Editorial Policy and Standards.

(See 11.3.9)

11.2.2 Any proposal to broadcast material recorded at a staged event in the UK or overseas, where threats are made against UK citizens, must be referred to Director Editorial Policy and Standards.

(See 11.3.10)

11.2.3 Any request from the police or others for a complete news black-out must be referred to a senior editorial figure, who must consult Director Editorial Policy and Standards.

(See 11.3.18)

11.2.4 Any approach to or from the Secretary to the Defence and Security Media Advisory Committee [2] must be referred to Director Editorial Policy and Standards.

(See 11.3.20)

11.2.5 Any situation where BBC staff or anyone else engaged in content production for the BBC may have obligations under the Terrorism Acts must be referred promptly to Director Editorial Policy and Standards and Programme Legal Advice.

(See 11.3.21)

11.2.6 Any proposal to approach an organisation (or an individual member of an organisation) designated a ‘terrorist group’ by the Home Secretary under the Terrorism Acts, and any proposal to approach individuals or organisations responsible for acts of terror, to participate in our output must be referred in advance to Director Editorial Policy and Standards.

(See 11.3.21)

Other Referrals

11.2.7 Any proposal to broadcast material recorded at legitimate events when paramilitary or other groups with a known record of violence or intimidation stage an appearance must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards.

(See 11.3.11)

11.2.8 Any proposal to broadcast content made by perpetrators of a hijacking, kidnapping, hostage-taking or siege must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor and should also be referred to Editorial Policy.

(See 11.3.17)

11.2.9 Any proposal to handle material relating to security and intelligence issues that falls, or might fall, within the terms of the Official Secrets Act must be referred to Programme Legal Advice.

(See 11.3.19)

11.2.10 Any proposal to travel to a country or area classified as a Hostile Environment or where a Travel Advisory applies must be referred to BBC Safety’s High Risk Team before departure.

(See 11.3.22)

[2] Sometimes also referred to as the D-Notice Committee.

11.3 Guidelines

Accuracy and Impartiality

11.3.1 When reporting war, and in the early stages of covering national and international emergencies (including acts of terror, disasters and major accidents), it is particularly important to give the source of information and material from third parties, particularly when there are conflicting claims. First estimates of casualty figures often turn out to be inaccurate. If different sources give different estimates we should either report the range or go for the source which carries the greatest authority and attribute the estimate accordingly.

We should make it clear if our reports are censored or monitored or if we withhold information under duress, and explain, wherever possible, the conditions under which we are operating.

Reporters and correspondents must be aware that comments they make on social media accounts that relate to their BBC work may be perceived as having the same weight as a BBC report, so should bear in mind the requirement for due accuracy and impartiality at all times.

11.3.2 When reporting demonstrations, disturbances and similar events, we should treat estimates of involvement with due scepticism, report wide disparities and name the sources of the figures. We aim to offer a comprehensive and impartial view of events. When it is difficult for reporters located on one side of a confrontation to form a clear overall view, their material should be put into a wider context for broadcast.

(See Section 3 Accuracy: 3.1 and 3.3.16)

11.3.3 In a UK civil emergency, we aim to deliver essential information in the interests of public safety across our services. We work with the relevant authorities to identify the kind of major incidents requiring a special response. However, we must make the appropriate editorial judgements to ensure accuracy and independence.

(See Section 11 War, Terror and Emergencies: 11.3.18)

Audience Comment and Moderation

11.3.4 In times of conflict, there are special sensitivities; for example, about the security of operational military plans, avoiding naming casualties until next of kin have been informed, and handling rumours – we need to consider these while continuing to maintain open debate. We may need to consider limiting the online stories that are open to comments and make appropriate hosting moderation arrangements – pre-moderating may be necessary. We should consider whether it is appropriate to publish BBC stories on social media where we have less ability to moderate comments and where moderation may involve a high level of resource.

(See Section 11 War, Terror and Emergencies: 11.3.7, Section 7 Privacy: 7.3.41-7.3.45)

(See Guidance: User-Generated Contributions)

Use of Language

11.3.5 Our reporting of possible acts of terror should be timely and responsible, bearing in mind our requirement for due accuracy and impartiality. Terrorism is a difficult and emotive subject with significant political overtones and care is required in the use of language that carries value judgements. We should not use the term ‘terrorist’ without attribution.

11.3.6 The word ‘terrorist’ itself can be a barrier rather than an aid to understanding. We should convey to our audience the full consequences of the act by describing what happened. We should use words which specifically describe the perpetrator such as ‘bomber’, ‘attacker’, ‘gunman’, ‘kidnapper’, ‘insurgent’ and ‘militant’. We should not adopt other people’s language as our own; our responsibility is to remain objective and report in ways that enable our audiences to make their own assessments about who is doing what to whom.

Identifying Victims

11.3.7 When people have been killed, injured or are missing, next of kin should not, as far as is reasonably practicable, find out from BBC output, but be told by the relevant authorities.

To minimise anxieties we should narrow the area of concern as quickly as possible without identifying individual victims, for example in the case of an air crash, by including details such as airline, flight number, place of departure and destination.

(See Section 11 War, Terror and Emergencies: 11.3.4 and Section 7 Privacy: 7.3.41-7.3.45)

Disturbances and Riots

11.3.8 Comprehensive coverage of disturbances and riots is an important part of our news reporting. However, in addition to the specific guidelines concerning accuracy and impartiality, it is important that:

we assess the risk that, by previewing likely prospects of disturbances, we might encourage them
we withdraw immediately if we suspect our presence is inflaming the situation
we must be prepared to collect material for later use or editing, if the level of violence or disorder becomes too intrusive or graphic to be broadcast live.

(See Section 5 Harm and Offence: 5.3.11 and Section 11 War, Terror and Emergencies: 11.3.1-11.3.3)>

Mandatory Referrals

11.3.9 Any proposal to attend an event staged by proscribed organisations or groups known for mounting acts of terror, in order to be recorded, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Referral must also be made to Director Editorial Policy and Standards.

11.3.10 Any proposal to broadcast material recorded at a staged event in the UK or overseas, where threats are made against UK citizens, must be referred to Director Editorial Policy and Standards.

11.3.11 Any proposal to broadcast material recorded at legitimate events when paramilitary or other groups with a known record of violence or intimidation stage an appearance must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards.

Threats and Hoaxes

11.3.12 If we receive a bomb warning or other credible and specific threat, the first priority is to pass it on to the appropriate authorities.

11.3.13 We must not reveal security details or other sensitive information not widely in the public domain which might assist an attack.

11.3.14 We do not normally report threats against named individuals unless they have produced a visible effect, such as the cancellation of a public appearance.

11.3.15 We must take care not to identify individuals or organisations, who would not otherwise be in danger, as possible targets unless there is an overriding editorial justification. For example, this may include companies or employees engaged in testing on animals or undertaking work for military establishments.

11.3.16 We do not normally report incidents which turn out to be hoaxes unless they have had a serious and evident effect, such as major and highly visible transport disruption.

Hijacking, Kidnapping, Hostage-Taking and Sieges

11.3.17 In cases of hijacking, kidnapping, hostage-taking, sieges, bombings or other similar events, we must be aware that anything we broadcast may be seen or heard, either directly or indirectly, by the perpetrators both in the UK and overseas.

It is important that we report demands in context. We should also consider carefully the ethical issues raised by providing a platform to hijackers, kidnappers or hostage-takers, especially if they make direct contact. We must remain in editorial control of the reporting of events and ensure that:

we do not interview a perpetrator live on-air

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.14-8.3.18)

we do not broadcast live any content provided by a perpetrator

Mandatory Referral

– we broadcast content made by perpetrators only after referral to a senior editorial figure or, for independent production companies, to the commissioning editor and referral should also be made to Editorial Policy

when covering sensitive stories, for example, a school siege or plane hijack, we should bear in mind that the outcome is unpredictable and be cautious about broadcasting live images as we risk showing distressing material that is unsuitable for broadcast
the existence of social media means that we may have information from alleged victims, eyewitness accounts and images during or very soon after an incident. We need to subject this information to proper journalistic scrutiny to ensure its accuracy before using it.

Where an alleged victim in an ongoing situation puts information into the public domain on social media, we need to weigh up very carefully whether our reporting of their situation creates further danger for them.

11.3.18 When reporting stories relating to hijacking, kidnapping, hostage-taking or sieges we must take due account of advice from the police and other authorities about anything that, if reported, could exacerbate the situation. Occasionally they will ask us to withhold or even to include information. We will normally comply with a reasonable request, but we will not knowingly broadcast anything that is untrue.

Mandatory Referral

Any request from the police or others for a complete news black-out must be referred to a senior editorial figure, who must consult Director Editorial Policy and Standards.

National Security and Counter-Terrorism

Official Secrets Act

Mandatory Referral

11.3.19 The Official Secrets Act affects our ability to report on some matters relating to security and intelligence issues. Content producers must consult Programme Legal Advice when handling such material that falls, or might fall, within its terms.

Defence and Security Media Advisory Notices

11.3.20 Defence and Security Media Advisory Notices provide guidance about information which, if broadcast, might damage national security. They cover the publication of material including highly classified codes and ciphers, information not widely in the public domain about key military facilities and installations and information relating to UK Security and Intelligence Services and Special Forces.

The standing Notices can be read on the DSMA Notice System website.

The system is voluntary; it has no legal authority and the final responsibility for deciding whether or not to broadcast rests solely with us. Content producers should seek senior editorial and legal advice at an early stage when handling material that falls, or might fall, under the Notices.

Mandatory Referral

Any approach to or from the Secretary to the Defence and Security Media Advisory Committee [3] must be referred to Director Editorial Policy and Standards.

[3] Sometimes also referred to as the D-Notice Committee.

Terrorism Acts

11.3.21 There is a legal obligation under the Terrorism Acts to disclose to the police, as soon as reasonably practicable, any information which we know or believe might be of material assistance in:

preventing the commission of an act of terrorism anywhere in the world
securing the apprehension, prosecution or conviction of a person in the UK, for an offence involving the commission, preparation or instigation of an act of terrorism.

It is a criminal offence not to disclose such information.

Mandatory Referral

Any situation where BBC staff or anyone else engaged in content production for the BBC may have obligations under the Terrorism Acts must be referred promptly to Director Editorial Policy and Standards and to Programme Legal Advice.

The Acts give the Home Secretary powers to designate UK and international organisations as ‘terrorist groups’, making it illegal for them to operate in the UK. The Home Office website carries a list of proscribed organisations.

Mandatory Referral

Any proposal to approach an organisation (or an individual member of an organisation) designated a ‘terrorist group’ by the Home Secretary under the Terrorism Acts, and any proposal to approach individuals or organisations responsible for acts of terror, to participate in our output must be referred in advance to Director Editorial Policy and Standards.

(See Section 18 The Law: 18.4.4)

Hostile Environments and Travel Advisories

Mandatory Referral

11.3.22 Any proposal to travel to a country or area classified as a Hostile Environment or where a Travel Advisory applies must be referred to BBC Safety’s High Risk Team before departure.

A ‘hostile environment’ is a country, region or specified area subject to war, insurrection, civil unrest, terrorism or extreme levels of crime, banditry or lawlessness, or public disorder or epidemic disease. It also includes areas with extreme climate or terrain.

A ‘Travel Advisory’ applies to countries or areas where special care is needed.

BBC Safety maintains a list of hostile environments and travel advisories on its own website [4].

[4] See BBC Safety Site: Available on Gateway for BBC or via commissioning editors for independent producers.

Section 12: Religious Content

12.1 Introduction

The right to exercise freedom of thought, conscience and religion is set out in national and international acts and agreements, including the European Convention on Human Rights and the Human Rights Act 1998. This includes the freedom to worship, teach, practise and observe.

This section relates only to the BBC’s religious programmes and related output. For the purposes of these Guidelines, this is defined as content dealing with the religious views and/or beliefs of a religion or religious denomination as its central subject or, at least, as a very significant part. The Agreement that accompanies the BBC’s Royal Charter reflects that the BBC’s religious output contributes to how it meets its Mission and Public Purposes. This content includes programmes and other output – such as online reports – that are derived from or related to those programmes [1] .

Religious beliefs are central to many people’s lives and this chapter is to ensure we use the proper degree of responsibility in respect to the content of religious programmes and related output.

Producers of religious programmes and related content have editorial freedom for the output to express faith and to explore matters of faith; however, they must ensure that religious views and beliefs of those belonging to a particular religion or religious denomination are not subject to abusive treatment.

Where a religion or religious denomination is the subject of a religious programme or related content, the identity of the religion must be clear to the audience.

Vulnerable audiences must be protected from exploitation, and religious programmes must not seek to promote religious views or beliefs by stealth.

[1] The section of the Ofcom Broadcasting Code that relates to this is 4: Religion.

12.2 Guidelines

12.2.1 Producers have editorial freedom for output to express faith and to explore matters of faith. The requirement that religious views and beliefs should not be subject to abusive treatment is not intended to preclude reasonable debate or challenge. While religion and religious views and beliefs may be criticised, we should ensure there is appropriate context and that critical views are open to challenge. Contributors should not be allowed to denigrate the beliefs of others.

12.2.2 We should treat any claims made in our religious output for the special powers or abilities of a living person or group with due objectivity. Such claims should not be made when significant numbers of children may be expected to be watching television or when children are particularly likely to be listening to the radio, or in online content likely to be accessed by children.

12.2.3 Religious output should not be used to recruit, for example by making direct appeals to audiences to join a particular religion. References to the positive effects of belonging to a particular religion will normally be acceptable.

12.2.4 With interactivity related to religious programming, we must exercise a proper degree of responsibility to allow the expression of faith and an exploration of issues around faith, while ensuring that religious views and beliefs are not subject to abuse and that vulnerable audiences are also protected from exploitation. We are more likely to achieve this balance if:

the space is actively hosted
we select a suitable form of moderation
on occasion, we make a rapid intervention – unless, for example, the online community has already responded robustly and in an authoritative way to an offensive comment.

(See Section 17 Competitions, Votes and Interactivity: 17.3.45-17.3.56)

Section 13: Re-use, Reversioning and Permanent Availability

13.1 Introduction

The BBC’s archives are a great national record. The archives include content that was broadcast or published in the past, which we may wish to re-use (either in full or in part) and also content that, from the outset, has been continuously accessible. They are an important, useful and valuable resource and we should make them available where possible.

This section outlines the additional steps that should be taken when content is re-used or reversioned whether by the BBC or a third party. The section also addresses how to manage the archive of BBC’s online content which in most cases is published with the expectation that it will be made permanently [1] available.

Content within the archives is made to BBC editorial standards in effect at the time of its original production and, with the passage of time, those standards may change. When re-using content we must take account of the Editorial Guidelines in effect now.

We have a continuing responsibility to respect privacy and to be fair to contributors.

The integrity of the archive means we should only remove or amend online, including on-demand, content in exceptional circumstances. Where we let others use our archive content, we must ensure that they do so in ways that do not compromise the BBC’s impartiality, editorial integrity and independence.

[1]The sections of the Ofcom Broadcasting Code that relate to this are 2: Harm and Offence, 5: Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions, 7: Fairness and 8: Privacy.

13.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

13.2.1 Requests from third parties for access to unused material, including notes, rushes or audio recordings, should normally be referred to Director Editorial Policy and Standards or a delegated representative.

(See 13.3.31)

13.2.2 All requests for untransmitted or otherwise unused material – including notes – from the police or in connection with court proceedings, possible court proceedings or other procedures in which the material may be regarded as evidence (such as disciplinary hearings by regulatory bodies), must be referred to Programme Legal Advice and Director Editorial Policy and Standards.

(See 13.3.35)

Other Referrals

13.2.3 Any proposal to use archive content that has previously been found in breach of editorial standards or content regulation codes must be referred to Editorial Policy.

(See 13.3.1)

13.2.4 Any proposal to use a light touch method of compliance for large scale release of archive content must be referred to Editorial Policy.

(See 13.3.7)

13.2.5 Any proposal to use potentially distressing archive content against the wishes of the relevant contributors, victims or the immediate family of dead people must be approved by a senior editorial figure, or for independent production companies by the commissioning editor, who should normally consult Editorial Policy.

(See 13.3.13)

13.2.6 Programme Legal Advice must be consulted about any proposed use of archive material of a crime if potentially related court proceedings are pending or in progress.

(See 13.3.17)

13.2.7 Any plans to re-use, reversion or make available content featuring members of the Royal Family or the Royal Palaces must be referred to the BBC’s Royal Liaison Officer. This does not apply to news content showing members of the Royal Family carrying out public duties.

(See 13.3.18)

13.2.8 Any proposal to remove online content from the archive, whether it is published on a BBC site or syndicated elsewhere, must be referred to the relevant senior editorial figure, or for independent production companies to the commissioning editor, who may consult Editorial Policy.

(See 13.3.25)

13.2.9 Heads of Editorial Standards must be consulted over the wording of programme-specific explanations for a Revocation, Revision or Correction Label.

(See 13.3.27)

13.2.10 Requests to remove mothballed pages with a banner headline stating the page has not recently been updated, must be referred to the Managing Editor, BBC Online.

(See 13.3.28)

13.2.11 All requests for transmitted content in connection with court proceedings, or other procedures in which the material may be regarded as evidence, must be referred to Programme Legal Advice and Editorial Policy.

(See 13.3.29)

13.3 Guidelines

General

13.3.1 The re-use, reversioning and making available of archive content must take account of findings of breaches of editorial standards by the BBC’s Executive Complaints Unit, the BBC Trust or other predecessors, and of code breaches recorded by Ofcom or previous regulators.

Mandatory Referral

Any proposal to use archive content that has been found in breach must be referred to Editorial Policy who will consider whether:

there has been a change in standards since the original finding
the content could be released if it was edited and/or additional information was given.

13.3.2 Editorial content originally broadcast/published in the UK that is re-used internationally may not be appropriate for re-use in all territories around the world out of duty of care to international contributors or BBC staff.

13.3.3 Where appropriate it should be made clear to audiences when content is not contemporaneous. Labels, first transmission dates, contextual information or other signalling may be required to make clear when content is archive in order to avoid misleading audiences.

13.3.4 When we re-use/reversion content we should take account of its original context and should not normally misrepresent it. There may be editorially justified exceptions, such as where archive is used for a comedic/satirical purpose. However, fairness and harm and offence considerations apply.

We should be alert to legal copyright, data protection issues and the legal right to privacy.

13.3.5 While respecting that archive content is a record of history, we must consider whether it is appropriate to release it unedited or whether this would breach the Editorial Guidelines or the law.

It may be appropriate to indicate when archive content has been edited or removed, in order to make audiences aware that a record has been changed.

13.3.6 Access or location agreements should be reviewed before archive content is made available as there may be special conditions for re-use.

13.3.7 With large scale release of collections of archive content it may be acceptable to adopt a light touch method of compliance, where overall risks of breach of standards are mitigated by identifying parts of the collection which must be excluded or complied in full. When it is broadcast or published there should be a route for the public to get in touch and for a rapid response to take place if necessary.

Mandatory Referral

Any proposal to use a light touch method of compliance for large scale release of archive content must be referred to Editorial Policy who will take into account:

the nature of the content and whether it could be considered controversial
whether the proposed compliance arrangements are appropriate for that content.

13.3.8 Unless content is specifically made available only for a limited time period, there is a presumption that material published online will become part of a permanently accessible archive and should be preserved in as complete a state as possible.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.22-13.3.28)

Accuracy Issues

13.3.9 Archive content should not be used in a way that materially misleads the audience about a situation, events or what is being depicted. Labelling may be required.

(See Section 3 Accuracy: 3.3.16)

Editorial content that we plan to re-use or reversion may have become inaccurate and some information which new research has revealed to be out of date may put people at risk if followed. If release of such information is editorially justified, it must be made clear to audiences that it is archive.

13.3.10 We must check whether archive content that is planned for repeat has been overtaken by events, including the known death of a contributor, the charging of an offender, or significant life changes. Where appropriate, information should be given, or content should be edited or removed.

(See Section 3 Accuracy: 3.3.27)

Fairness, Consent and Privacy Issues

13.3.11 Before content is re-used or reversioned, we must check any relevant available contributor consents and observe any restrictions on the re-use of the content, unless we are able to establish that circumstances have changed since the restrictions were imposed, so that they no longer apply.

(See Section 6 Fairness to Contributors and Consent: 6.3.1)

13.3.12 Archive content involving contributors in the following ways may become more sensitive over time:

suffering illness, death or emotional trauma
disclosing sensitive personal information
featured as children when they were unable to give informed consent.

We must consider how to minimise possible distress to surviving contributors when we re-use, reversion or make available such content.

13.3.13 When use of the archive may cause distress to the contributors, victims or the immediate family of dead people featured they should normally be notified of our plans for re-use so far as is reasonably practicable.

Mandatory Referral

If they object to re-use, any proposal to do so must be approved by a senior editorial figure, or for independent production companies by the commissioning editor, who should normally consult Editorial Policy. Approval will only be given if the objections are outweighed by the public interest [2].

[2] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

13.3.14 We should only re-use archive content of identifiably grieving or distressed people when there is editorial justification. The circumstance, location, length and intimacy of the sound/image should be weighed against the public interest in re-using the content.

(See Section 7 Privacy: 7.3.41-7.3.45)

13.3.15 Re-use of factual content in dramas and drama-documentaries must be editorially justified and must not create unfairness.

It should not cause unjustified embarrassment, surprise or offence to identifiable people featured in the archive or their living close relatives.

(See Section 6 Fairness to Contributors and Consent: 6.3.23 and Section 5 Harm and Offence: 5.3.32)

For portrayal of real people in drama see Fairness to Contributors and Consent.

(See Section 6 Fairness to Contributors and Consent: 6.3.51-6.3.52)

Secretly Recorded Content

13.3.16 Secretly recorded content may infringe privacy and/or reveal wrongdoing. The editorial justification for re-use must assess the public interest [3] in re-release.

(See Section 7 Privacy: 7.3.10-7.3.21)

Content Depicting Illegal or Anti-Social Activity

13.3.17 The use of archive material relating to crimes and to victims of crime must be editorially justified.

When releasing archive content relating to crimes, victims of crime and anti-social activity we should:

avoid repeated use of the same incident to illustrate a general theme
not use archive content of one identifiable crime to illustrate another
take care when using archive shots of prisoners to illustrate a specific crime or type of crime. Individuals should not be identifiable if they were not involved in the crime in question
be aware that while content depicting illegal or anti-social behaviour may have a clear public interest purpose on first transmission, this public interest may diminish with the passage of time, and any re-broadcast/publication after first transmission must be considered case by case.

[3] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Mandatory Referral

Programme Legal Advice must be consulted about any proposed use of archive material of a crime if potentially related court proceedings are pending or in progress.

(See Guidance: Re-use of Factual Content Featuring Illegal or Anti-Social Behaviour)

Royal Archive Content

13.3.18 Content featuring members of the Royal Family or the Royal Palaces is often subject to specific contractual arrangements, especially when the BBC has been given privileged access.

Mandatory Referral

Any plans to re-use, reversion or make available such archive content must be referred to the BBC’s Royal Liaison Officer. This does not apply to news content showing members of the Royal Family carrying out public duties.

Harm and Offence Issues

13.3.19 Archive content that is made available, re-used or reversioned must take account of the standards of the Editorial Guidelines on Harm and Offence. In assessing appropriateness for re-use we should consider:

changes in public attitudes to potentially offensive content, including nudity, language, portrayal, alcohol, illegal drug use and smoking
any change in service or timeslot which would have an effect on audience expectations
the way that BBC output may be discovered online, via links or embedding on other sites, means that users may not always be prepared for the content they find. They may not immediately realise that it is archive, possibly increasing the risk of offence
current events and circumstances which may make release inappropriate.

13.3.20 When archive content would not normally be broadcast by the BBC today because standards or attitudes have changed, there may be reasons to make it available now including if it is of historical or cultural interest or if it is otherwise editorially justified in the public interest. However, the content should be appropriately scheduled and/or signposted.

(See Section 5 Harm and Offence: 5.1)

Some content relating to past events remains controversial or sensitive.

13.3.21 We must ensure that the use of traumatic archive content, particularly when it features identifiable people, is editorially justified. It should never be used as ‘wallpaper’. Any restrictions placed on re-use must be observed.

(See Guidance: Removal of BBC Online Content)

Managing Online Content

13.3.22 At the time that editorial content is posted online, the editorial managers responsible for its creation should decide on a strategy for its management over time. They should consider how frequently pages need to be updated or how they are to be treated if they are not to be updated.

13.3.23 To avoid materially misleading users, it should normally be clear when the content they are accessing was first published and, where relevant, when it was last updated significantly.

Pages may be given a date stamp from the moment of publication and/or they may be labelled as archived with a banner stating that the page is no longer being updated.

13.3.24 When a material change is made to content, the change should normally be indicated to users unless there are, exceptionally, reasons, including legal or editorial, not to do so.

13.3.25 The archive of the BBC’s online content is a permanent public record and its existence is in the public interest. The online archive, particularly news reports, should not normally be removed or amended.

Where there is an expectation that content, from a name to a whole programme, is made available permanently, it should only be removed in exceptional circumstances.

These may include legal reasons, safety risks to individuals or a serious breach of editorial standards that cannot be rectified except by removal of material; or where tragic events during the catch-up period make a programme containing similar content unsuitable for continued publication.

Mandatory Referral

Any proposal to remove online content from the archive, whether it is published on a BBC site or syndicated elsewhere, must be referred to the relevant senior editorial figure, or for independent production companies to the commissioning editor, who may wish to consult Editorial Policy. They should consider:

the potential harm of removal to the public interest [4] and the integrity of the archive or catch-up service
any significant harm or distress continued publication may cause an individual to whom we have a duty of care
whether any content we are considering removing is already circulating widely on the internet. If it is, removal may be ineffective
whether information has been put in the public domain other than by the BBC or is available in public records. If so, we should normally refuse requests to remove it.

[4] See Section 1 The BBC’s Editorial Standards: 1.3 The Public Interest.

Where there may be legal repercussions, any proposals to remove online content should normally be referred to Programme Legal Advice (who may consult Information Rights where content contains personal information that might identify a living person).

13.3.26 Requests to remove content where contributors to the BBC complain that they did not give consent to their contribution appearing online or being made available in perpetuity should normally be refused, providing they gave informed consent to one part of the BBC and their safety is not endangered by the content’s presence.

13.3.27 Requests to remove comments and other social media content should also normally be refused as long as the BBC’s terms and conditions or privacy policy published at the time provide adequate protection.

As removal is a last resort, we should not normally hide or remove content while we consider requests, unless there are legal or editorial reasons to do so.

No one below Executive Producer, or relevant senior editorial figure should initiate removal, revocations or revisions to our online content.

Mandatory Referrals

Heads of Editorial Standards must be consulted over the wording of programme-specific explanations for a Revocation, Revision or Correction Label. The Press Office should be informed if a Revocation, Revision or Correction label and explanation is to be applied.

13.3.28 Requests to remove mothballed pages with a banner headline stating the page has not recently been updated, must be referred to the Managing Editor, BBC Onlinewho will consider whether, exceptionally, to remove the page that is a public record.

External Requests for BBC Content

[5] This section of the Editorial Guidelines, covering both transmitted and untransmitted content, does not apply where there is a statutory requirement to produce content, for example to Ofcom.

Transmitted Content

Mandatory Referral

13.3.29 All requests for transmitted content in connection with court proceedings, or other procedures in which the material may be regarded as evidence, must be referred to Programme Legal Advice and Editorial Policy. Editorial Policy will consider whether accepting the request would compromise the BBC’s impartiality, editorial integrity or independence.

13.3.30 For other external requests for editorial content, when deciding whether it is appropriate to release content to a third party we should take into account:

any copyright, legal, contractual and editorial implications
whether the content is controversial, sensitive, does not meet today’s generally accepted standards or could affect the privacy of a contributor if released
the nature of the third party
whether this is a contributor request for material relating to the original contribution
whether there is an existing external relationship, including whether the organisation is a partner
whether the use would be commercial and/or should be handled by a BBC commercial subsidiary
whether the use would be non-commercial, including educational or for training purposes, for data journalism or otherwise in the public interest.

For non-commercial use we should normally charge a fee which reflects the cost of providing the content and normally require a licence or other written agreement setting out how it can be used.

Use of BBC content by third parties must not compromise the BBC’s impartiality, editorial integrity and independence.

A BBC website sets out how the public can request content [6].

(See Section 16 External Relationships and Financing: 16.3.21-16.3.22)

[6] Can I Use BBC Content? website.

Untransmitted material

Mandatory Referral

13.3.31 Requests from third parties for access to unused material, including notes, rushes or audio recordings, should normally be referred to Director Editorial Policy and Standards or a delegated representative who will consider:

the public interest
whether release would compromise the BBC’s impartiality, editorial integrity or independence and
the proposed use of the material

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.29-13.3.30)

13.3.32 Any proposal to give a contributor’s personal details, comments or other personal information to a third party without the contributor’s consent should be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should normally consult Programme Legal Advice.

13.3.33 We must never agree to provide access to unused material:

when to do so would endanger people who work for the BBC
when it would make it more difficult to gather such material in the future
if the requests appear to be fishing for evidence
if the material contains information that identifies a confidential source or contributor
when it conflicts with our contractual obligations
when the rights of third parties may be impaired by handing it over.

13.3.34 The BBC will only release untransmitted material to individuals or organisations for public relations, marketing or commercial purposes in exceptional circumstances, and when its editorial integrity and independence can be maintained.

Mandatory Referral

13.3.35 All requests for untransmitted or otherwise unused material – including notes – from the police or in connection with court proceedings, possible court proceedings or other procedures in which the material may be regarded as evidence (such as disciplinary hearings by regulatory bodies), must be referred to Programme Legal Advice and Director Editorial Policy and Standards.

The BBC will not normally hand over unused material in such circumstances, including to the police, without a court order. Sometimes it is appropriate to accede to such an order; at other times it will be necessary to contest it and appeal it to higher courts.

There is no legal obligation for us to keep documents, records or unused material unless and until they are the subject of a request from the police or the courts or there is a realistic threat of litigation.

Section 14: Independence from External Interests

14.1 Introduction

The BBC’s reputation and the strength of its brand in the UK and around the world are based upon its fundamental values of editorial integrity, independence and impartiality. These values are central both to the BBC’s Public Services and our Commercial Services. Audiences everywhere must be able to trust the BBC. In order to achieve that, our impartiality, editorial integrity and independence must not be compromised by outside interests and arrangements [1]. We must maintain independent editorial control over our content.

This section of the Editorial Guidelines concerns the editorial decisions and production of BBC editorial content and related BBC activities. It should be read in conjunction with Section 15 (Conflicts of Interest), which considers how to ensure that the external activities and interests of those involved in producing content and related activities do not bring the BBC’s editorial integrity into question.

Specifically, we must not give undue prominence to products, services or trade marks, though we can refer to them and credit them where it is editorially justified. And people working for the BBC must not accept gifts or hospitality from anyone who might believe it will give them a business advantage.

The BBC will not accept product placement on its UK Public Services, and Public Services must not endorse or promote any other organisation, or its products, services, trade marks, activities or opinions.

While our Commercial Services must not promote products, services and trade marks in their content, they can make reference to another organisation, its products, services, trade marks or activities as part of a commercial arrangement. If they do, they must follow the guidelines on product placement, and on advertising and sponsorship which explain that it is not appropriate to make deals with some types of organisation.

[For Commercial Services Only] (See Section 14 Independence from External Interests: 14.3.31-14.3.36 and Advertising and Sponsorship Guidelines for BBC Commercial Services)

Meanings

Editorial content is programming and other material which is broadcast, published or presented in any format, including but not limited to video, audio, stills, online text, metadata, social media and print, of any length, long form and short form. The BBC must be in control of the material. Editorial content is distinct from commercial content.

Commercial content is material which is created solely as a result of a commercial arrangement. A third party is in control of the content. Commercial content includes advertising and advertisement features, which are advertisements that are presented in an editorial style paid for by an advertiser and under their control. It is distinct from editorial content. Sponsored content, which is under the control of the BBC, is not commercial content.

Public Services are the BBC UK Public Services as set out in the BBC Charter and Framework Agreement, which are funded by licence fee revenue, and the BBC World Service which is funded principally by licence fee revenue together with agreed supplementary funding.

Commercial Services The BBC is permitted to carry out commercial activities through separate commercial subsidiaries, which operate in order to make a profit to supplement the licence fee in the running of the Public Services. They are not funded by licence fee revenue whether directly or indirectly and are undertaken with a view to generating a commercial rate of return.

Product placement is the inclusion in a programme of, or a reference to, a product, service or trade mark where the inclusion is for a commercial purpose, and is in return for the making of any payment or the giving of other valuable consideration, to any relevant provider or any person connected with a relevant provider and is not prop placement.

Prop placement is the inclusion in a programme of, or a reference to, a product, service or trade mark where the provision of the product, service or trade mark has no significant value, and no relevant provider, or person connected with a relevant provider, has received any payment or other valuable consideration in relation to its inclusion in, or the reference to it in, the programme, disregarding the costs saved by including the product, service or trade mark, or a reference to it, in the programming.

Trade mark In relation to a business, includes any image (such as a logo) or sound commonly associated with that business or its products or services.

Connected person The following persons are connected with a particular person (person includes an individual as well as a body corporate and other incorporated and unincorporated legal entities):

(a) A person who controls that person;
(b) An associate of that person or of the person in (a); and
(c) A body which is controlled by that person or an associate of that person.

Programme-related material consists of products or services or off-air content and activities that are both directly derived from a programme and specifically intended to enable audiences to benefit fully from, to interact with, or to extend the editorial value of that programme.

Consumer advice content is independent information which may refer to the price, availability or attributes of specific products or services, sometimes in a comparative context.

[1] The sections of the Ofcom Broadcasting Code that relate to this are 9: Commercial References in Television Programming and 10: Commercial Communications in Radio Programming.

14.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

14.2.1 When planning to feature a product, service or trade mark over a number of pieces of editorial content (excluding news and current affairs output), broadcast or published in a limited period, such as a single day, referral must be made to the relevant output controller(s) and Editorial Policy, who will consider the cumulative effect.

(See 14.3.2)

14.2.2 Any proposal to use advertising clips in programme trails on Public Services must be referred to the Head of Editorial Standards, Marketing and Audiences.

(See 14.3.5)

14.2.3 Any proposal to accept an expenses-paid trip must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

(See 14.3.18)

14.2.4 Any proposal to carry output on UK Public Services which requires signalling for product placement must be approved by the Director-General.

(See 14.3.27)

14.2.5 Any proposal to broadcast/publish a programme that was originally transmitted on a UK commercial service unconnected with the BBC which includes product placement must be referred in advance to the relevant channel controller and to Editorial Policy.

(See 14.3.29)

14.2.6 All proposals to include product placement on BBC Commercial Services must be approved by a senior editorial figure or, for independent production companies, by the commissioning editor. The senior editorial figure/commissioning editor is responsible for ensuring any relevant onward referrals are made.

(See 14.3.31)

14.2.7 Any proposal for a BBC Commercial Service, including but not limited to video on demand, operating in the UK to digitally insert product placement into any content produced by the BBC which was originally made for a UK Public Service or to insert product placement into any editorial content made by the BBC, or by an independent producer, which was originally commissioned for BBC UK Public Services must be referred to Editorial Policy.

(See 14.3.35)

14.3 Guidelines

Product Prominence

14.3.1 We need to be able to reflect the real world and this will involve referring to products and services in our output. A product can include references to organisations, to people, such as artists or performers, or to artistic works, such as films, books or musical tracks. However, there must be no undue prominence of products, services or trade marks in our content. To avoid this we must:

ensure that visual and aural references, including verbal and musical references, to products, services, trade marks, brand names and slogans are editorially justified

For the meaning of trade mark see Section 14 Independence from External Interests: 14.1.

(See Section 14 Independence from External Interests: 14.1)

make sure that the manner in which the reference is given is appropriate. Any favourable descriptions must be editorially justified. Prices and availability should not normally be discussed outside consumer review content
avoid lingering on, or showing close-ups of, brand names or logos, and use aural references sparingly unless it is editorially justified to do so
minimise references in output designed to appeal to children.

The degree of prominence that may be acceptable will depend on the context. A product that is integral to an item may justify a greater degree of exposure. Organisations who are partners must be given due attribution but this must not be unduly prominent.

Use of material from advertising campaigns or promotions must be editorially justified. Normally only a short extract should be selected.

Spoken references to a product or service will generally assume a greater degree of prominence than visual references on their own.

Product Prominence – the cumulative effect

14.3.2 In addition, we must take into account the potential cumulative effect of repetition of a reference when planning to feature a product, brand, trade mark or service many times on our output over a limited period, to ensure that this does not lead to undue prominence. We should include programme repeats and marketing in this assessment. Cumulative effect is likely to be greatest around the time of a new release by brands, such as artists and performers, or products, such as films and records.

Mandatory Referral

When planning to feature a product, service or trade mark over a number of pieces of editorial content (excluding news and current affairs output), broadcast or published in a limited period, such as a single day, referral must be made to the relevant output controller(s) and Editorial Policy who will consider whether any cumulative impact of such references is editorially justified as a whole.

Product Prominence and Interactivity

14.3.3 When we encourage audiences to interact with us, or refer to their comments on air or online, any references to products, such as social media platforms or hashtags, should not be unduly prominent either within a single piece of content or cumulatively.

Any brands and hashtags should be appropriate for the expected audience. With calls to action, platforms we refer to should be free to use. Undue prominence is more likely where a branded platform is referred to without also supplying details of generic means of communication, such as email.

14.3.4 When reporting audience comments we should normally aim to be platform neutral and not attribute each brand every time it is used. We should normally endeavour to offer contributions from a variety of platforms.

(See Section 17 Competitions, Votes and Interactivity: 17.3.45-17.3.56)

Product Prominence in Trails

14.3.5 We should normally avoid references to products or services in programme trails or BBC programme marketing material because the repeated exposure could be unduly prominent. Music in trails may also become unduly prominent if it is around the time of a new release of the track. We should consider the cumulative effect of use of a new release in a trail when it is also scheduled to be performed elsewhere in BBC content. Any reference to a branded product or service in trails should be editorially justified.

Mandatory Referral [for Public Services only]

Any proposal to use advertising clips in programme trails on Public Services must be referred to the Head of Editorial Standards, Marketing and Audiences who will consider whether the use is editorially justified and not unduly prominent.

Undue Prominence and Contributors

14.3.6 We must avoid undue prominence when contributors discuss their current releases such as a film/music release or launch of a new book or play. Any related products should not be used as a prop unless editorially justified and any references, particularly close-ups, must also be editorially justified and should be appropriately limited.

Reviewing Products or Services

14.3.7 We should not promote products or services when we review them and we should review a range from different suppliers within a programme or series. In the case of books, albums and other digital products we may normally accept copies for review. Those responsible for reviewing or covering theatre, concerts or other events or performances may accept review tickets. We generally buy products of significant value, such as a washing machine or a car, for review. However, if on occasion we are supplied with them, we must return the product to the manufacturer or supplier.

Linked or Embedded Streams from Third Parties

14.3.8 There must be no undue prominence of the third party. [ For Public Services only] On Public Services when a stream has been sponsored, there must be no reference to the sponsor or the sponsor’s products, services or trade marks. [For Commercial Services only] On Commercial Services any reference to a sponsor or their products, services or trade marks may be product placement. However, references must not be promotional.

(See Section 14 Independence from External Interests: 14.3.27-14.3.36, Section 7 Privacy: 7.3.29-7.3.33, Section 16 External Relationships and Financing: 16.3.17-16.3.18 and Section 17 Competitions, Votes and Interactivity: 17.3.53)

Supply of Props in Drama, Comedy, Entertainment or Lifestyle Content

14.3.9 We must ensure the use of, or reference to, branded products, services or organisations in our drama, comedy, entertainment and lifestyle content is editorially justified and that a wide range are used over time to avoid undue prominence.

Any spoken reference accompanying a visual reference must be editorially justified.

When real products are used as set dressing we should try to avoid close ups and we should avoid visibility of them in other shots.

Prop Placement

For the meaning of prop placement see Section 14 Independence from External Interests: 14.1.

(See Section 14 Independence from External Interests: 14.1)

14.3.10 [For Public Services only] On Public Services, props are not usually accepted without some payment by the BBC. Where possible, BBC productions should use the BBC internal procurement process.

14.3.11 [For Commercial Services only] On Commercial Services there must be no arrangements guaranteeing that placed props will receive exposure in editorial content. If these conditions are met then it will be regarded as prop placement not product placement provided the provision of the prop or service has no more than a trivial value.

Props of significant value may be treated as product placement if they are not returned to the provider.

(See Section 14 Independence from External Interests: 14.3.27-14.3.36)

14.3.12 On Public Services when props are accepted at a reduced cost and on Commercial Services when props are accepted free or at a reduced cost there should be:

records kept by production of all free or reduced cost props
no guarantee that any product or service will be featured and, if featured, no guarantee that it will be in a favourable light
no undue prominence of the prop which has been accepted.

Free and Reduced Cost Facilities, Products and Services

14.3.13 We should normally pay for travel, accommodation and most other services we use. This does not apply to product placement and prop placement.

Consumer and lifestyle content which reviews or features a wide range of products may accept free or reduced cost products or services if they are editorially justified and meet appropriate selection criteria. But in such cases production must:

keep records of what has been accepted
never promise that any product or service will be featured, and if featured, that it will be in a favourable light
only accept discounts if these are consistent with discounts offered to other large organisations
inform suppliers in writing that they cannot refer to the BBC’s use of their products or services in any advertising or promotions
only give on-air and online credits if editorially justified. [Public Services only] Public Services should never promise to feature a supplier’s details online in return for the supply of free or reduced cost products or services.

14.3.14 No payment must be accepted for products or services to be featured on any BBC service as product placement is prohibited in consumer advice content.

(See Section 14 Independence from External Interests: 14.3.27-14.3.36)

14.3.15 Suppliers must not have an editorial say in the content and should not be given a preview of it.

For makeover programmes see Section 16 External Relationships and Financing.

(See Section 16 External Relationships and Financing: 16.3.36)

Shared Facilities

14.3.16 Where a facility, such as a feed is shared between the BBC and a third party, the BBC must retain editorial control of any ensuing content on BBC services and pay the appropriate portion of the cost.

Media Facility and Fact Finding Trips

14.3.17 On Public Services, and for news and current affairs content on Commercial Services, we should not normally accept expenses-paid trips unless they are the only way to cover a significant event.

14.3.18 Any proposals to accept an expenses-paid trip must meet the BBC’s Anti-Bribery Policy.

In our content we should not normally refer to any commercial operators offering the facility, or to charities and lobby groups. Any reference to other organisations which have facilitated the trip must be editorially justified.

Mandatory Referral

Any proposal to accept an expenses-paid trip must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor who will consider whether:

the trip, and any references to organisations which have facilitated it, are editorially justified and will not damage the editorial integrity of the BBC
a contribution should be made towards the cost, where reasonably practicable.

[For Commercial Services only] Staff working for Commercial Services which review a range of services and facilities may seek assistance from travel providers such as tourist boards, airlines and hotels. In such cases:

there must be no assurances of any coverage in exchange for such services
information should be published on a range of travel suppliers and not just those who provide us with assistance.

Promotional Material or Stories Supplied by Outside Bodies

14.3.19 We must select and cover stories for our own independent editorial reasons and be alert to situations when organisations may access multiple areas of the BBC by different routes to try to place stories across our services in a limited period.

Online Links to Third-Party Platforms

14.3.20 We must not give the impression that we are endorsing a commercial product or service when linking to a commercial platform.

Links from Public Service platforms and from the editorial content of a Commercial Service platform must be editorially justified.

(See Section 14 Independence from External Interests: 14.3.1-14.3.9, Section 3 Accuracy: 3.3.21 and Section 4 Impartiality: 4.3.9)

[For Public Services only] On Public Services, links should lead to third-party sites which, if not free to access, should be labelled as subscription sites.

(See Guidance: Links and Feeds)

Logos and Credits Online

14.3.21 Use of third-party logos and credits on Public Service platforms and in the editorial content on Commercial Service platforms must be editorially justified.

Partners should be given due attribution and recognition, including in the branding and promotion of the output and services created or distributed.

(See Section 14 Independence from External Interests: 14.3.1-14.3.9, Section 16 External Relationships and Financing: 16.3.7-16.3.11)

(See Guidance: Crediting and Labelling External Relationships)

14.3.22 [For Public Services only] On Public Services we should never promise to mention a supplier’s details online in return for the supply of free or reduced cost products or services.

(See Section 14 Independence from External Interests: 14.3.13-14.3.19)

Public Service References to BBC Commercial Services and Products and Other Material Related to Editorial Content

Public Service References to BBC Commercial Services

14.3.23 [For Public Services only] We must not use our Public Services to promote any BBC Commercial Services or products. On Public Services all references to BBC Commercial Services such as websites, international channels or any international or UK-based joint venture channels must be editorially justified.

[For Public Services only] However, the BBC, and independent companies working for the BBC, may produce and license programme-related material, which may be promoted during or around the editorial content from which it is directly derived. Any such promotion must be to allow audiences to benefit from or interact with the related editorial content, and must be editorially justified.

For the meaning of programme-related material see Section 14 Independence from External Interests: 14.1.

(See Section 14 Independence from External Interests: 14.1)

Trails for Commercial Products Related to BBC Programmes

14.3.24 [For Public Services only] On Public Services we may broadcast trails for some programme-related materials in junctions after the editorial content from which they are directly derived. [2]Online we may link to a page on a commercial site where commercial products related to BBC programmes may be purchased where editorially justified.

[For Public Services only] Any product which is trailed must be under the BBC’s editorial control and must have been commissioned, licensed or developed directly in conjunction with the associated content. Trails or announcements after programmes should be limited to factual information.

[For Public Services only] BBC-branded magazines must not be trailed on BBC Public Services on air or online. For other BBC-related products on radio, see the relevant guidance.

[For Public Services only] (See Guidance: Trails on radio for Commercial Products related to BBC Programmes)

[2] Cross Promotions Guidance online from BBC Policy and Strategy.

Transactional Links from Public Service Platforms to Commercial Products Related to BBC Editorial Content

14.3.25 [For Public Services only] BBC Public Service platforms may offer users the opportunity to purchase selected BBC-related editorial content from a range of online commercial suppliers.

BBC Support Services

14.3.26 We may offer support services that extend the impact and understanding of our content.

When we broadcast or publish content raising difficult or distressing issues it may be appropriate to provide an action line offering further information or support.BBC Action Line should normally be consulted for UK-facing content.

Fact packs and other learning support may be provided to complement other content.

The following conditions apply to support services:

information provided on support services should be duly accurate and impartial
any external links should be justified by the relevance and value to the audience. We should normally provide links to a range of agencies, charities or statutory organisations which should be chosen using appropriate selection criteria
we must ensure we can cope with any likely demand for our support services. Any phone line, whether provided by the BBC or an outside agency, should be capable of offering a robust service
support service phone lines should be free or priced at cost recovery, not designed to make a profit. We must not use premium rate services for action lines

(See Section 17 Competitions, Votes and Interactivity: 17.3.29)

we must not appear to endorse third-party campaigns when we produce support material in conjunction with other organisations
we should not distribute third-party fundraising material unless it is for BBC-approved charity appeals
[For Public Services only] UK Public Service support material online must not be sponsored
we may credit organisations who have contributed to our support material on the material itself. We may credit the involvement of a partner on air, but [For Public Services only] on Public Services we must not credit sponsors on air

(See Section 16 External Relationships and Financing: 16.3.37)

in the UK we should not normally trail helplines or action lines run by other organisations, except where they offer a specialised service.

Product Placement

For the meaning of product placement see Section 14 Independence from External Interests: 14.1.

(See Section 14 Independence from External Interests: 14.1)

14.3.27 [For Public Services only] The BBC must not commission, produce or co-produce output for its UK Public Services which contains product placement. All programmes made by the BBC or an independent producer for broadcast on UK Public Services must be free of product placement.

Mandatory Referral [for Public Services only]

Any proposal to carry output on UK Public Services which requires signalling for product placement must be approved by the Director-General.

[For Public Services only] For financing of World Service see Section 16 External Relationships and Financing.

(See Section 16 External Relationships and Financing: 16.1)

[For Commercial Services only] In some cases, BBC Commercial Services may commission or make editorial content which includes appropriate product placement.

Product Placement in UK Public Service Acquisitions from Third Parties with No Connection to the BBC

Acquisitions from outside the UK

14.3.28 [For Public Services only] When a UK Public Service acquires content containing product placement that it has not commissioned or produced and that has not been commissioned or produced by a connected person, such as a BBC Commercial Service, there is no product placement signalling requirement.

For the meaning of connected person see Section 14 Independence from External Interests: 14.1.

[For Public Services only] (See Section 14 Independence from External Interests: 14.1)

[For Public Services only] There must be no conditions attached to the acquisition that the product placement will be broadcast.

[For Public Services only] Any visual or aural mentions of products that have been placed in an acquisition that is not from a connected person should be editorially justified and must not be promotional or unduly prominent.

[For Public Services only] A record should normally be kept of the existence of any product placement where known, and of any measures taken in relation to it.

[For Public Services only] (See Section 14 Independence from External Interests: 14.3.1-14.3.9)

[For Public Services only] Editorial content made after December 2009 and distributed on an Ofcom-regulated service must not contain product placement of any products, services or trade marks prohibited under the Ofcom Code.

Acquisitions from the UK

14.3.29 [For Public Services only] Product placement should normally be removed or obscured.

Mandatory Referral [for Public Services only]

Any proposal to broadcast/publish a programme that was originally transmitted on a UK commercial service unconnected with the BBC which includes product placement must be referred in advance to the relevant channel controller and to Editorial Policywho will consider whether the product placement:

is editorially justified
would bring the UK Public Services into disrepute
should be obscured or removed.

Product Placement in Live News Broadcasts on UK Public Services

14.3.30 [For Public Services only] There may be occasions when there is placement in a live news feed, such as a feed from the United States at the time of a breaking story. We should not normally broadcast the placement if we know it is present.

Product Placement Requirements for BBC Commercial Services

14.3.31 [For Commercial Services only] All product placement in any editorial content made by any part of the BBC for a BBC service or for any third party, or commissioned or produced by an independent production company for a BBC service, must meet these requirements:

product placement must not compromise the editorial integrity or independence of the content or BBC service
no product placement of any product or service may bring the BBC and its services into disrepute
in services under the BBC’s control, product placement must not influence the content and scheduling of content in a way that affects the responsibility and editorial independence of the broadcaster
references to placed products, services and trade marks must not be promotional or unduly prominent
the inclusion of product placement should be signalled to audiences
product placement must meet the applicable product placement regulation for the territory in which it will be broadcast.

Mandatory Referrals [for Commercial Services only]

All proposals to include product placement on BBC Commercial Services must be approved by a senior editorial figure, or for independent production companies by the commissioning editor, who will consider whether the product placement would damage the reputation of the BBC.

The senior editorial figure/commissioning editor is responsible for ensuring any relevant onward referrals are made.

Restrictions on Programme Genres Which May Take Product Placement and Types of Product Which May Be Placed

14.3.32 [For Commercial Services only] Product placement must not be included in:

news and current affairs programmes
religious programmes
children’s programmes
consumer advice content.

For the meaning of consumer advice content see Section 14 Independence from External Interests: 14.1.

(See Section 14 Independence from External Interests: 14.1)

14.3.33 [For Commercial Services only] Product placement of the following is prohibited:

any product or service connected to a political party or political organisation
any product or service connected to a body associated with faith, religion or equivalent systems of belief
adult products and services
tobacco products (including but not limited to cigarettes)
placement by or on behalf of any undertaking whose principal activity is the manufacture or sale of cigarettes or other tobacco products
weapons
any product or service which may not be advertised on the service.

[For Commercial Services only] Services regulated by Ofcom are prohibited from product placement of the following:

electronic cigarettes or refill containers
prescription-only medicines.

[For Commercial Services only] Services regulated by Ofcom are prohibited from product placement of the following in programmes produced under UK jurisdiction:

alcoholic drinks
foods or drinks high in fat, salt or sugar
gambling
infant formula (baby milk), including follow-on formula
all medicinal products.

[For Commercial Services only] Services regulated by Ofcom should check the Ofcom Code for updates.

Transparency and Signalling Requirements

14.3.34 [For Commercial Services only] In content commissioned, produced or co-produced for the BBC the inclusion of product placement should be made transparent to audiences. This should normally be through a list of all placed products in the credits for produced or commissioned programmes and should be done in a neutral, non-promotional manner, similar to other programme credits.

Any local regulations on product placement signalling must always be observed.

BBC Commercial Services Targeted at UK Audiences

14.3.35 [For Commercial Services only] BBC Commercial Services targeted at UK audiences should not normally digitally insert product placement into any content produced by the BBC which was originally made for UK Public Services. Nor should they normally insert product placement into any editorial content made by an independent producer which was originally commissioned for BBC UK Public Services.

Mandatory Referral [for Commercial Services only]

Any proposal for a BBC Commercial Service, including but not limited to video on demand, operating in the UK to digitally insert product placement into any content produced by the BBC which was originally made for a UK Public Service or to insert product placement into any editorial content made by the BBC, or by an independent producer, which was originally commissioned for BBC UK Public Services must be referred to Editorial Policy who will consider whether the product placement would damage the reputation of the UK Public Services.

BBC Commercial Services Targeted at Audiences Outside the UK

14.3.36 [For Commercial Services only] Where a BBC Commercial Service or a connected person co-commissions or co-produces a programme with a UK Public Service, the version on the UK Public Service must not contain product placement.

For the meaning of connected person see Section 14 Independence from External Interests: 14.1.

(See Section 14 Independence from External Interests: 14.1)

Section 15: Conflicts of Interest

15.1 Introduction

Our audiences must be able to trust the BBC and be confident that our editorial decisions are not influenced by outside interests, including political or commercial pressures. This section explains how an individual’s activities might affect the public’s perception of the BBC.

A potential conflict of interest arises when there is the possibility that an individual’s external activities or interests may affect, or be reasonably perceived as affecting, the BBC’s impartiality and its integrity, or risk damaging the BBC’s reputation generally or the value of the BBC brand. Conflicts of interest may occur in any area of our work.

It is a requirement that all BBC staff must formally declare any personal interest which may affect their work with the BBC. This requirement extends to freelance presenters, reporters, producers and researchers and other workers. The onus to declare personal interests rests with the individual. Each department also has a responsibility for identifying its areas of vulnerability. There may be particular sensitivities around on-air talent.

Individual BBC managers must decide what action is needed in response to declared potential conflicts of interest. There may be times where individual freedoms may need to be constrained or where individuals may be restricted in the areas in which they can work or in certain aspects of their roles. These decisions will depend on the kind of output they are involved in, their role, how senior they are and on the nature of their personal interests and external activities.

Conflicts of interest are not regulated by Ofcom, except where they may lead to a failure of due impartiality [1] . The BBC’s policy on personal interests forms part of the contract of employment that applies to BBC employees. Failure to comply with these Guidelines or to follow the related Guidance may be a matter for BBC Human Resources. For individuals who are otherwise engaged by the BBC – including freelance presenters, reporters, producers, researchers and other on-air talent – failure to comply with these Guidelines and related Guidance would normally be a contractual matter.

The principles on conflicts of interest apply to everyone, but the application of the principles varies according to an individual’s role and their level of involvement with BBC content. This reflects audience expectations of the impartiality and integrity of BBC output, in particular its news and current affairs.

There are additional legal and regulatory constraints on those involved in financial journalism or those who are involved in output offering financial or consumer advice.

An individual’s political, commercial, financial or other interests must not influence, or be reasonably perceived as having influenced, BBC editorial judgements.

Those involved in commissioning, production, marketing, or who have any other role in the creation of BBC content, must have no material connection with products, businesses or other organisations featured in that content.

The involvement of talent, or their agents, in the ownership or senior management of independent production companies making output for the BBC risks damaging the public perception of the BBC’s impartiality, independence and integrity. The BBC must maintain overall editorial control of all aspects of the content.

These Guidelines are not intended to prevent the BBC from using staff, freelances and presenters with expertise or specialisms in particular areas. Nor is anything in these Guidelines intended to prevent elected officials of the BBC’s recognised trade unions carrying out legitimate activities on behalf of their union.

Detailed guidance on Conflicts of Interest is available on the Editorial Guidelines website. This also includes advice for financial journalists.

[1] The Ofcom Broadcasting Code, Rule 5.8: Any personal interest of a reporter or presenter, which would call into question the due impartiality of the programme, must be made clear to the audience.

15.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

15.2.1 News and current affairs presenters should not front campaigns for charities or campaigning bodies as this could compromise the BBC’s reputation for impartiality. Any proposal that would not comply with this must be referred to Director Editorial Policy and Standards.

(See 15.3.25)

15.2.2 There may be circumstances where it is not possible to produce a programme about specific talent unless it is produced by an independent production company owned by, or as a co-production with, that talent or an associated agency. In such cases, proposals can only be considered if there is strong editorial justification. The matter must be referred to the relevant divisional director and Editorial Policy; Director Editorial Policy and Standards must also be consulted.

(See 15.3.44)

Other Referrals

15.2.3 Where an individual considers a potential conflict has arisen that they have not already declared, they must inform the relevant editorial manager promptly. Editorial Policy may also be consulted.

(See 15.3.4)

15.2.4 In some areas, such as specialist music or science programming, on-air talent and production staff may have commercial, professional and external personal interests in their area of expertise. In such cases, the relevant division should ensure that appropriate editorial procedures are in place so that there is no conflict of interest with their on-air role. Such procedures must be referred to Editorial Policy.

(See 15.3.8)

15.2.5 Chief Adviser Politics must be consulted at the outset if there is any possibility of political activity being perceived as a risk to BBC impartiality.

(See 15.3.20)

15.2.6 Where any individual undertaking work for the BBC intends to stand as a candidate in a national or local election – including seeking nomination as a party candidate – this must be referred to Chief Adviser Politics at the outset.

(See 15.3.21)

15.2.7 Any proposal by individuals to work for, or be publicly associated with, charities and campaigning groups must be referred to the head of department, who must consult Editorial Policy.

(See 15.3.24)

15.2.8 Individuals involved in the production or presentation of news and current affairs output – including freelances primarily known as BBC news presenters or reporters – must refer proposals to write columns or blog posts for external publications to a senior level in the relevant division.

(See 15.3.27)

15.2.9 Individuals involved in the production or presentation of editorial output for the BBC must obtain permission from line managers before agreeing to provide media training. Freelance presenters must disclose their training work where it may be a conflict of interest with their work for the BBC.

(See 15.3.31)

15.2.10 Individuals must not accept personal benefits, or benefits for their family or close personal relations, from organisations or people with whom they might have dealings on the BBC’s behalf. Unacceptable personal benefits include goods, discounts, services, cash, loans, gratuities or entertainment outside the normal scope of business hospitality.

Any exception to this, where it could affect production of content for the BBC, must be referred to the relevant head of department, who should normally consult Editorial Policy, to establish whether accepting the offer constitutes a conflict of interest.

(See 15.3.33)

15.2.11 Presenters of BBC factual output who wish to recreate their roles in fictional output risk confusing audiences and undermining the credibility of their own output as well as damaging their own reputations. Any proposal to do so must be referred to their head of department.

(See 15.3.43)

15.2.12 Current presenters of BBC news output should not appear as news presenters in a fictional bulletin if there is a reasonable possibility that this could confuse or mislead audiences. Any proposal to do so, for example in a comic, unrealistic or fantasy situation, must be referred to their head of department.

(See 15.3.43)

15.3 Guidelines

Declaration of Personal Interests

15.3.1 All individuals engaged by the BBC are required to declare any personal interests which may affect their work with the BBC. These should be set out on a Declaration of Personal Interest form and it is the responsibility of individuals to ensure it is maintained and is up to date.

Most freelances are also asked to declare any commercial interests which may impinge on their work with the BBC. Independent producers should make a declaration at the time of commissioning.

External interests – both commercial and non-commercial – of presenters and other on-air talent could lead to a conflict of interest. When contracts are negotiated, talent must declare any commercial or other external interests that may have a bearing on their on-air role or which are connected with the subject matter of the programme they present.

Significant financial interests should be declared by all production and editorial staff working for the BBC if they are in any way connected with the area in which they work or the subject matter they cover.

The area of greatest sensitivity is financial journalism where additional legal requirements apply in terms of what must be declared.(See Guidance: Conflicts of Interest)

15.3.2 The onus is on individuals to inform their managers about any outside interests they (or, in some circumstances, their family or close personal contacts) have, so that the BBC can decide what action is needed in response to any perceived conflict of interests.

15.3.3 Some non-political voluntary public roles, such as school governor or magistrate, are normally acceptable even for those involved in editorial decision-making, including in news and current affairs output. These roles should be declared.

Mandatory Referral

15.3.4 Where an individual considers a potential conflict has arisen that they have not already declared, they must inform the relevant editorial manager promptly. Editorial Policy may also be consulted.

Risks of Conflicts of Interest

15.3.5 There are four principal areas of risk that may arise from an individual’s external interests and activities. These risks exist across all output areas:

the risk of bringing the BBC into disrepute
the risk of bringing the BBC’s impartiality into doubt
the risk of bringing the BBC’s independence into doubt
the risk of an individual’s commercial interests, promotional work, external activities and other interests compromising the BBC’s integrity.

All output areas

15.3.6 The external activities of programme makers, content producers and on-air talent must not risk damaging the BBC’s reputation. An individual’s off-air connections with charities, campaigns, political parties or other organisations must not risk bringing the BBC’s impartiality or integrity into doubt. Where individuals may be restricted in their off-air activities and interests because of the nature of their role with the BBC, this is set out below in External Activities.

15.3.7 People involved in making or presenting content for the BBC risk compromising the integrity of their BBC output – and damaging their own reputation – by off-air involvement in inappropriate commercial interests.

Mandatory Referral

15.3.8 In some areas, such as specialist music or science programming, on-air talent and production staff may have commercial, professional and external personal interests in their area of expertise. In such cases, the relevant division should ensure that appropriate editorial procedures are in place so that there is no conflict of interest with their on-air role. Such procedures must be referred to Editorial Policy

News and Current Affairs

15.3.9 News and current affairs output may deal with any issue, cause, organisation or individual and there must be no doubt over the integrity and impartiality of editorial teams. It is important that audiences can trust BBC news and current affairs content. For these reasons, there are additional constraints on those involved in the production and presentation of BBC news and current affairs output.

These restrictions safeguard the BBC’s impartiality and protect individuals involved, who may face accusations of bias.

15.3.10 There are also significant restrictions on the external and commercial work that it is appropriate for individuals working in news and current affairs to carry out. These restrictions are set out below in External Activities.

Financial Journalism

15.3.11 There are additional requirements of, and legal constraints on, financial journalists. People working on financial programmes for the BBC should register their shareholdings and other financial interests or dealings. It is illegal to use financial information acquired in advance to trade ahead of the markets. It is also illegal to promote financial services without proper authorisation from the relevant regulatory authorities. Further information is in the Conflicts of Interest Guidance.

External Activities

15.3.12 External activities which may give rise to a conflict of interest include, but are not limited to:

public expressions of opinion
political activities
involvement with charities and campaigns
writing commitments
public appearances
academic roles
media training
promotional work, including commercial advertisements and endorsements
references to the BBC and BBC content in advertisements that are not connected to the BBC
regular contributions to third-party output
actors and artists replicating a BBC role in external output
presenters of factual output appearing in drama
talent- or agent-owned independent content production companies.

Public Expressions of Opinion

15.3.13 Where individuals identify themselves as being linked with the BBC, or are programme makers, editorial staff, reporters or presenters primarily associated with the BBC, their public expressions of opinion have the potential to compromise the BBC’s impartiality and to damage its reputation. This includes the use of social media and writing letters to the press. Opinions expressed on social media are put into the public domain, can be shared and are searchable.

(See Guidance: Social Media)

The risk is greater where the public expressions of opinion overlap with the area of the individual’s work. The risk is lower where an individual is expressing views publicly on an unrelated area, for example, a sports or science presenter expressing views on politics or the arts.

15.3.14 Taking a public position on an issue of public policy, political or industrial controversy, or any other ‘controversial subject’ is likely to be incompatible with some BBC roles. Advance discussion with line managers is essential in all genre areas.

15.3.15 Individuals must clear with the head of department and the Press Office any letters to the press or public expression of opinion if they deal with the subject matter of their programmes, relate to the BBC or broadcasting, or concern matters of public policy, political or industrial controversy or any other ‘controversial subject’.

(See Section 4 Impartiality: 4.3.4-4.3.5)

15.3.16 Presenters who only occasionally present programmes for the BBC should normally clear public expressions of opinion relevant to the subject matter of their programmes if they are to be published around the time of transmission.

Additional Requirements in News and Current Affairs and Some Other Factual Output Regularly Dealing with a Range of Public Policy Issues

15.3.17 Individuals involved in the production or presentation of any output of this nature have additional restrictions and must not:

state or reveal publicly how they vote or express support for any political party
express a view for or against any policy which is a matter of current party political debate
advocate any particular position on a matter of public policy, political or industrial controversy, or any other ‘controversial subject’
exhort a change in high-profile public policy
speak or write publicly about the BBC without specific, prior approval from the relevant head of department.

Rare exceptions, for example, when an individual is personally affected by a specific matter, must be declared as a conflict so that mitigating action can be taken.

Factual content teams regularly dealing with a range of public policy issues, may refer to Editorial Policy.

Political Activities

15.3.18 Anyone is entitled to be a member of a political party or other organisation within the law. However, individuals in some roles need to consider whether public disclosure of such membership would risk undermining public confidence in their ability to fulfil some or all aspects of their job, or otherwise risk the perception of the BBC’s impartiality.

15.3.19 Active involvement in a political party – or other public activity which demonstrates a political view – may give rise to a conflict of interest for those engaged by the BBC or who are publicly associated with the BBC. This includes on-air talent on long-term contracts.

Such activity must not compromise the BBC’s impartiality or integrity or undermine public confidence in the BBC. Judgements about what is acceptable will reflect individual circumstances, including the type of activity and the nature of the individual’s BBC role.

(See Section 4 Impartiality: 4.3.4-4.3.5)

(See Guidance: Conflicts of Interest)

15.3.20 Political activity is likely to be incompatible with some BBC roles.

Mandatory Referral

Chief Adviser Politics must be consulted at the outset if there is any possibility of political activity being perceived as a risk to BBC impartiality.

15.3.21 Seeking nomination as a party candidate in a national or local election, or expressing an intention to stand as an independent candidate, is incompatible with some BBC roles that may deal with matters of public policy, political or industrial controversy, or any other ‘controversial subject’. It is likely to be incompatible with most roles in News and Current Affairs (see below).

Anyone who intends to seek nomination for election at national or local level should discuss with their manager at the outset the implications for their professional responsibilities and any potential risk to the BBC’s impartiality.

Mandatory Referral

Where any individual undertaking work for the BBC intends to stand as a candidate in a national or local election – including seeking nomination as a party candidate – this must be referred to Chief Adviser Politics at the outset.

Additional Requirements in News and Current Affairs

15.3.22 Any political activities, such as campaigning or expressing views on social media with regard to issues of public policy and other controversial subjects, are likely to be incompatible with roles in News and Current Affairs.

Being an active member of a political party is incompatible with most roles in News and Current Affairs. Advice may be sought from the Chief Adviser Politics.

Charities and Campaign Work

15.3.23 Any work undertaken for, or in support of, a charity or charitable cause should not imply BBC endorsement for one charity or cause above others. There will be particular sensitivities if the charity’s work relates to matters of public policy, political or industrial controversy, or any other ‘controversial subject’. Individuals must ensure their impartiality is not compromised by associating themselves with a charity operating in the same area as the output on which they work.

15.3.24 Many organisations, including campaigning and lobby groups, charities, newspapers and specialist websites, maintain a public position on matters of public policy, political or industrial controversy, or any other ‘controversial subject’. Before becoming actively involved with, or offering public support to, an organisation with a partial or campaigning stance on such matters, individuals engaged by the BBC should give the same consideration to the impartiality risks as is required for party political activity.

Mandatory Referral

Any proposal by individuals to work for, or be publicly associated with, charities and campaigning groups must be referred to the head of department, who must consult Editorial Policy.

Additional Requirements in News and Current Affairs, Factual and Consumer Output

15.3.25 Presenters, reporters and editorial people in news, current affairs, factual and consumer output should not normally associate themselves with any campaigning body, particularly if it backs one viewpoint in a controversial area of policy.

Mandatory Referral

News and current affairs presenters should not front campaigns for charities or campaigning bodies as this could compromise the BBC’s reputation for impartiality. Any proposal that would not comply with this must be referred to Director Editorial Policy and Standards.

Writing Commitments

15.3.26 All individuals involved in the production or presentation of editorial output for the BBC may wish to undertake external work, including writing articles, or books, or for publications on websites. Such activity should not risk compromising the impartiality or integrity of the BBC or its content or risk damaging the reputation of the BBC.

Any proposals to write about current affairs, or matters of public policy, or political or industrial controversy or other ‘controversial subjects’ must be referred to a senior level in the relevant division. In the case of freelances, referral must be made if publication is likely to coincide with the time of broadcast of relevant output.

(See Guidance: Conflicts of Interest)

Additional Requirements in News and Current Affairs

Mandatory Referral

15.3.27 Individuals involved in the production or presentation of news and current affairs output – including freelances primarily known as BBC news presenters or reporters – must refer proposals to write columns or blog posts for external publications to a senior level in the relevant division.

The columns, whether regular or one-off, must be read by a senior editorial figure within the BBC and the content must meet the requirements of the Editorial Guidelines.

Individuals cannot write a regular newspaper or magazine column dealing with current affairs or matters of public policy, political or industrial controversy, or any other ‘controversial subjects’.

Permission from a senior editorial figure is required for those working in news and current affairs areas to publish books. The book should not compromise the integrity or impartiality of the BBC.

Public Speaking and Other Public Appearances

15.3.28 Public speaking commitments or other public appearances should not compromise the impartiality or integrity of the BBC or its content, or suggest that any part of the BBC endorses a third-party organisation, product, service or campaign.

Where freelance presenters of BBC programmes undertake off-air public appearances it may undermine their on-air role for the BBC. They should not allow the use of the BBC’s name or brands in connection with advertising for a public appearance. There should be no suggestion of a BBC connection or endorsement of the third-party event or organisation, unless it is editorially appropriate and has been approved by the relevant head of department.

Additional Requirements in News and Current Affairs

15.3.29 Individuals involved in the production or presentation of BBC news and current affairs output – including freelances known primarily as presenters or reporters on BBC news and current affairs output – must remain impartial when speaking publicly or taking part in events, such as a public discussion or debate. They must not promote any political party, campaigning organisation or lobby group. Chairing conferences may create conflicts of interests. They should not chair conferences which are a promotional exercise for a commercial company that directly supports any political parties, or is not impartial on a matter of public policy, political or industrial controversy or any other ‘controversial subject’.

Academic Roles

15.3.30 BBC presenters and editorial figures may undertake academic roles while continuing to work for the BBC; however, these roles should not compromise the impartiality or integrity of the BBC or its content or risk damaging the BBC’s reputation.

Media Training

15.3.31 BBC presenters, senior editorial figures and other output producers may speak at conferences or other events about matters pertaining to broadcasting, journalism or general production. However, their involvement should not compromise the impartiality or integrity of the BBC or its content or risk damaging the BBC’s reputation.

Providing media training may give rise to a conflict of interest if the individuals or organisations being trained are given instruction on how to present themselves in the media.

Mandatory Referral

Individuals involved in the production or presentation of editorial output for the BBC must obtain permission from line managers before agreeing to provide media training. Freelance presenters must disclose their training work where it may be a conflict of interest with their work for the BBC.

Additional Requirements in News and Current Affairs

15.3.32 Individuals involved in the production or presentation of BBC news and current affairs output – including freelances known primarily as presenters or reporters on BBC news and current affairs output – must not undertake commercial media training work.

There may be occasions where individuals can be involved in media training, for example, to assist in the training of aspirant journalists; these must be approved by line managers. They should not normally interview anyone they have previously trained.

Personal Benefits

15.3.33 Under no circumstances should anyone working for the BBC or on behalf of the BBC receive personal benefits from suppliers or accept goods or services as inducements. The requirements of the Editorial Guidelines are consistent with the BBC’s Anti-Bribery Code of Conduct.

Any offer of hospitality from outside bodies or companies must be considered carefully to ensure it does not constitute a conflict of interest or compromise the public perception of the BBC’s impartiality or integrity or otherwise risk damaging its reputation.

Mandatory Referral

Individuals must not accept personal benefits, or benefits for their family or close personal relations, from organisations or people with whom they might have dealings on the BBC’s behalf. Unacceptable personal benefits include goods, discounts, services, cash, loans, gratuities or entertainment outside the normal scope of business hospitality.

The acceptance for use in BBC programmes of products, goods – including clothing – or services free or at significantly reduced cost without prior approval could risk bringing the BBC into disrepute.

(See Section 14 Independence from External Interests: 14.3.13-14.3.15)

(See Guidance: Props)

On-Air Talent and Promotional Activity Including Commercial Advertising and Endorsements

15.3.34 The BBC does not seek to place unnecessary or unreasonable restrictions on talent, whether on-air talent or other production talent. However, promotional activity, which includes commercial advertising and endorsements, must not risk damaging the integrity of the BBC content they are associated with, or risk damaging the BBC’s reputation generally. Nor should those activities undermine the personal reputation of the individual.

Promotional work must not suggest BBC endorsement, compromise the BBC’s values, bring the BBC into disrepute, or give the public reason to doubt the impartiality or integrity of BBC on-air talent.

Even where there is no conflict of interest with an individual’s on-air role, there are some products or services which on-air talent should not promote as the association would risk damaging the BBC’s reputation (such as tobacco or tobacco products and adult products and services).

The promotional commitments of on-air talent have the potential to risk the editorial integrity of BBC output. For example, a presenter’s promotional activities may lead to changes in the editorial content of their output or lead to some subjects being omitted.

15.3.35 When engaging new talent, and when existing talent is considering undertaking new promotional activities, consideration should be given as to whether the promotional activities will have – or could be perceived to have – undue influence on the output’s editorial agenda.

The promotional activities that can be undertaken by on-air talent will vary according to the different areas they work in. Individuals whose work is factual and journalistic may have specific limits on what, if any, promotional activities they may undertake. There are likely to be fewer considerations in relation to talent working in entertainment, sport or lifestyle output, as long as their integrity and the integrity of the programme they present is not compromised.

There will be fewer restrictions on an individual seen as an independent outsider, or expert, who presents few programmes, strands or a one-off series, but is not considered to be primarily a BBC presenter.

15.3.36 No on-air talent should promote products, goods, services or clothing they use on air. On-air talent, in any genre, engaged by the BBC must not accept clothing or products free, or at considerably reduced cost, in exchange for wearing or using them on air. Nor should they appear on air wearing clothes or using products, goods or services which they have agreed, or been contracted, to promote or in which they have any financial interest.

(See Guidance: Conflicts of Interest)

Additional Requirements in Factual Output

15.3.37 On-air talent who appear regularly in serious factual output which considers matters of public policy or political or industrial controversy are unlikely to be able to take part in any promotional activity for third parties.

On-air talent on consumer output that covers a wide range of topics must not undertake any promotional work for third parties as there is no product or service outside the remit of the output.

On-air talent on consumer output that covers a specific topicmay only be permitted to undertake promotions for products entirely unconnected with the subject matter of the output.

Talent whose on-air role involves giving advice on the purchase or use of branded products must not undertake any promotional work for products or retailers associated with the subject matter of the output.

Talent whose on-air role involves giving advice on how to solve problems should not promote products or services which aim to solve these specific problems.

Additional Requirements in Children’s Output

15.3.38 On-air talent on children’s output must not promote products directly connected to the subject matter of the programmes they present, aimed specifically at children.

On-air talent on children’s output must not promote products that are likely to be harmful to children (such as alcohol) or which are incompatible with their on-air role.

Additional Requirements in News and Current Affairs

15.3.39 On-air talent on news, current affairs and business programmes are not permitted to take part in any promotional activity for third parties. Promotional activities in relation to BBC group [2] functions may be permitted.

[2] BBC group consists of the BBC’s public services and its public service and commercial subsidiaries.

References to BBC Content in Advertisements

15.3.40 Advertisements or promotions involving talent should not imitate, suggest a reference or connection to or ‘pass off’ BBC content, for example, by replicating any editorial elements of a programme, such as characters, logos, titles, channel names or music or graphics associated with the programme, or by using or directly imitating sets or key venues, catchphrases or format points from the content.

Advertisements should not replicate or ‘pass off’ the role the talent plays in the programme. There should not be use of more than one member of BBC talent from the same programme in any advertisement for a non-BBC-related product. It is unlikely to be acceptable for several members of talent from different BBC programmes to appear in the same advertisement.

The advertisement should not bring the BBC into disrepute.

(See Section 16 External Relationships and Financing: 16.3.20)

Regular Contributors to Output

15.3.41 Consideration needs to be given to promotional or external activities undertaken by contributors who appear in programmes regularly but who are not engaged as presenters or as part of the presenting team. The BBC is not in a position to restrict, and would not normally wish to restrict, the advertising, promotional or external activities of those outside contributors. However, the BBC should not use contributors where such outside promotional or external activities could reasonably give rise to doubts about their impartiality, integrity or independence or that of content to which they are contributing.

Actors and Artists Replicating Their BBC Roles in Other Output

15.3.42 Actors and artists who perform in BBC output should not appear in promotional work, including advertisements, in a way which mimics or replicates their on-air roles for the BBC.

Actors, artists and/or performers from the same BBC output should not normally appear together in the same advertisement or separately across a series of advertisements for the same product. There will also be considerations around the timeframe for such promotions.

(See Guidance: Conflicts of Interest)

Presenters of Factual Output Appearing in Drama

Mandatory Referral

15.3.43 Presenters of BBC factual output who wish to recreate their roles in fictional output may risk confusing audiences and undermining the credibility of their own output as well as damaging their own reputations. Any proposal to do so must be referred to their head of department.

Current presenters of BBC news output should not appear as news presenters in a fictional bulletin if there is a reasonable possibility that this could confuse or mislead audiences. Any proposal to do so, for example in a comic, unrealistic or fantasy situation, must be referred to their head of department.

(See Guidance: Fictitious News Bulletins)

Talent or Agent-Owned Independent Production Companies

15.3.44 The involvement of talent or their agents in the ownership or senior management of independent production companies making content for the BBC must not cast doubt over the impartiality, integrity or editorial judgements of any BBC output.

It is essential that the BBC is seen to be, and can demonstrate that it is, in overall editorial control of all aspects of the programme or content and has put in place appropriate measures to maintain editorial control and to ensure there is no conflict of interest. BBC content must not be used as a vehicle to promote the external commercial interests of talent or their agents.

There are strong risks of a conflict of interest if talent and/or their production companies are commissioned to produce programmes about themselves. The same applies to agents and/or their production companies who pitch content about the talent they represent.

Mandatory Referral

There may be circumstances where it is not possible to produce a programme about specific talent unless it is produced by an independent production company owned by, or as a co-production with, that talent or an associated agency. In such cases, proposals can only be considered if there is strong editorial justification. The matter must be referred to the relevant divisional director and Editorial Policy; Director Editorial Policy and Standards must also be consulted.

Section 16: External Relationships and Financing

16.1 Introduction

The BBC is committed to working collaboratively with others to deepen the impact and reach of its content and services, to extend creative possibilities and to maximise public value [1].

Our commitment to partnerships, specifically, is set out in the BBC Charter which says that we must: seek to enter into partnerships with other organisations, particularly in the creative economy, where to do so would be in the public interest. These partnerships must be: with a wide range of organisations including commercial and non-commercial organisations and organisations of all sizes, throughout the nations and regions of the United Kingdom covering television, radio and online services.

The BBC should: encourage people to explore new subjects and participate in new activities through partnerships with educational, sporting and cultural institutions.

We must ensure that our partnerships: are fair and beneficial to all organisations in the partnership and, in particular, that partners are given due attribution and recognition, including in the branding and promotion of the output and services created or distributed.

To be fair and transparent in our partnerships and other external relationships, the nature of the relationship must be appropriately signalled to the audience.

(See Guidance: Crediting and Labelling External Relationships)

And in order not to bring the BBC into disrepute, external relationships and financing must not compromise the BBC’s impartiality, editorial integrity and independence and must be in line with the BBC’s values. We must also maintain independent editorial control over our editorial content.

Financing

Partnerships and other external relationships can involve the use of third-party funds for broadcasting content on BBC services.

Financing for UK Public Services

UK Public Services are funded by the licence fee and may only take funding for content from limited exceptions that conform to Clause 49 of the BBC Framework Agreement [2]. The conditions of these exceptions are set out in the Statement of Policy on Use of Alternative Finance in BBC content [3] and the Policy Statement on Ticketing for BBC Public Service events [4].

Because UK Public Services must not broadcast sponsored editorial content or carry advertising [5] (although the BBC has specific permission to accept sponsorship for BBC events) [6], arrangements with external organisations must not give the impression that a UK Public Service is sponsored. And arrangements involving funds from not-for-profit bodies and other partners must be in accordance with Clause 49 (4) of the Framework Agreement [7].

Financing for BBC World Service

The BBC World Service is principally licence fee funded and is permitted the same limited exceptions to the constraints on mixing licence with other sources of funding as the UK Public Services. It must also conform to the BBC Framework Agreement [8] and with the regulatory documents above. However, it is permitted additional specific limited exceptions which are set out in the BBC World Service Statement of Policy for Sources of Finance Other Than the Licence Fee [9].

Financing for Commercial Services

BBC Commercial Services and the BBC World Service, when undertaking commercial activity which is permitted by the BBC World Service Statement of Policy, must meet the guidelines on advertising and sponsorship.

(See Advertising and Sponsorship Guidelines for BBC Commercial Services)

There must be distinction between editorial content and commercial content, such as advertising, and surreptitious advertising is prohibited.

In order not to compromise their due impartiality and independence, news and current affairs content must not be sponsored or externally funded. And consumer advice content must not be directly sponsored or externally funded by sponsors or external funders whose products, services or activities are likely to be reviewed in the editorial content.

The Statement of Policy on use of Alternative Finance in BBC Content [10], the Policy Statement on Ticketing for BBC Public Service Events [11], the BBC World Service Statement of Policy for Sources of Finance Other Than the Licence Fee [12] and the Advertising and Sponsorship Guidelines for BBC Commercial Services all set editorial content standards in their relevant areas.

(See Advertising and Sponsorship Guidelines for BBC Commercial Services)

Meanings

Partnership is a relationship between the BBC and one or more third-party organisations which aims to deliver mutually beneficial outcomes in the form of:

contributions, albeit often of different types from all those involved
creation of designated partnership activities
shared responsibility and accountability.

Editorial partnership is a partnership that is connected to BBC-commissioned editorial content/brands. As with all editorial content the BBC must maintain independent editorial control over its content and brands.

Joint editorial initiative is where the BBC joins with another organisation for a one-off project or initiative.

It is not intended to form a long-term relationship and is therefore not a formal partnership. Rather it is where both organisations share a common aim and it may be appropriate to share resources and reference each other to extend the experience for the audience. Joint editorial initiatives are typically used in relation to one programme or a specific piece of content.

Co-production is an arrangement whereby BBC output is created, commissioned or otherwise obtained by the BBC in co-operation with one or more appropriate third parties, and where funding is provided in exchange for broadcasting, publishing or other rights in the material.

Co-funding for Public Services is financing for output by not-for-profit bodies in minority languages, such as BBC Alba, and other limited circumstances including learning and educational output targeted at a specific section of the audience, where it might be unjustifiable to fund the output entirely from the licence fee.

External funding occurs when any public or private undertaking (including but not limited to an individual) finances, but does not co-produce or sponsor, editorial content. An external funder may not receive any promotion within or around the content either within the editorial content or through a sponsor credit. However, for reasons of transparency an external funder must receive acknowledgment in the end credits or adjacent to the editorial content. Such external funding usually comes in the form of a grant. External funders are not co-producers because the primary purpose of the financing is not the exchange of rights.

Sponsored editorial content (which may include a programme, channel, programme segment or block of programmes) is editorial content that has had some or all of its costs met by a sponsor. It includes advertiser-funded programmes. Sponsors must be identified by means of sponsorship credits.

Sponsor (of editorial content) means any public or private undertaking or individual (not engaged in the provision or production of content) who is funding the editorial content (or its publication or broadcast) with a view to promoting its name, products, services, trade marks and/or its activities.

There may also be sponsors of events and awards.

Distribution refers to the making available of content to viewers, listeners and other users. It can take a wide variety of forms across numerous different technologies and platforms and has to evolve constantly as new technologies and platforms are developed. It covers a broad range of activities including:

transmission of broadcast TV and radio signals received directly by audiences
syndication of services to managed platforms
publishing individual assets to open online platforms.

Democratic governance content is a type of current affairs content on international services in BBC World Service Group that is aimed at improving democratic accountability by building greater understanding of the political process and institutions and by holding those in power to account. This is through citizens’ access to information and the ability to challenge or debate with holders of public office. It frequently gives citizens information about public institutions and how they operate, and the opportunity to question those holding power through formats such as debate, panel discussions, call-in shows or other events where leaders are held to account. Democratic governance content is targeted at audiences outside the UK.

Democratic governance is a category of editorial content which may be externally funded by appropriate external funders on the World Service and services which are not funded by the licence fee.

[1]The sections of the Ofcom Broadcasting Code that relate to this are 9: Commercial References in Television Programming and 10: Commercial Communications in Radio Programming. Under the 2016 Charter, UK Public Services came under the provisions of Section 9 and Section 10 of the Ofcom Broadcasting Code for the first time.

[2] Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

[3] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

[4] Policy Statement on Ticketing for BBC Public Service Events 2017.

[5] The BBC must not, without the prior approval of the appropriate Minister, include any sponsored material in any of its services. Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation 2016 Clause 50 (2).

[6] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

[7] Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

[8] Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

[9] The BBC World Service Statement of Policy for Sources of Finance Other Than the Licence Fee (‘Alternative Finance’) 2017.

[10] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

[11] Policy Statement on Ticketing for BBC Public Service Events 2017.

[12] The BBC World Service Statement of Policy for Sources of Finance Other Than the Licence Fee (‘Alternative Finance’) 2017.

16.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

Referrals to Director Editorial Policy and Standards

16.2.1 Any proposal to enter into a partnership with a foreign government must be referred to Director Editorial Policy and Standards.

(See 16.3.10)

Other Referrals

16.2.2 Any proposal for a Public Service editorial partnership with a commercial organisation must be referred to Editorial Policy.

(See 16.3.11)

16.2.3 Any proposal to broadcast or embed a third party’s live stream must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

(See 16.3.18)

16.2.4 Any proposal to link to or embed a live stream from the sponsor of a third-party event must be referred to Editorial Policy.

(See 16.3.18)

16.2.5 Any co-funding projects must be approved in writing by the relevant director.

(See 16.3.25)

16.2.6 Any proposal for sponsorship of a UK Public Service on-air or online event or for a World Service on-air or online event targeted at a UK audience, and the proposed credits, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, and Editorial Policy.

(See 16.3.27)

16.2.7 The commissioning of a new category of event with charged ticketing arrangements must be approved by the relevant controller who must refer to Editorial Policy.

(See 16.3.35)

16.2.8 Any proposal for funding of off-air support material from a commercial organisation must be referred to Editorial Policy.

(See 16.3.37)

16.2.9 On-air and online proposed references on Public Services for sponsors of third-party, non-sports events, or any proposal to use content from the sponsor on Public Services, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, and Editorial Policy.

(See 16.3.39)

16.2.10 Any coverage by a Public Service of an event that is sponsored by a BBC Commercial Service, brand or product or mounted by a BBC Commercial Service must be editorially justified and must be referred to Editorial Policy.

(See 16.3.41)

16.2.11 Proposals for broadcast appeals (which are not cross-funding initiatives) must be referred to the Charity Appeals Adviser.

(See 16.3.43)

16.2.12 The arrangements for the broadcast of Disasters Emergency Committee appeals must be referred to the Charity Appeals Adviser.

(See 16.3.44)

16.2.13 Advice must be sought from Editorial Policy before opening discussions with prospective partners for the start of a new cross-BBC charity fundraising initiative.

(See 16.3.45)

16.2.14 Any reference to an external funder in World Service Group editorial content must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

(See 16.3.52)

16.2.15 Any proposal for World Service Group editorial content to be externally funded by a non-UK government department or agency must be approved by the relevant director.

(See 16.3.53)

16.2.16 World Service Group external funding acknowledgements must be approved by the relevant output controller, or by the relevant BBC Media Action country director for Media Action content that does not appear on a BBC service.

(See 16.3.54)

16.2.17 Any proposal for World Service Group democratic governance content to be externally funded must be approved by the relevant director after taking advice from Director Editorial Policy and Standards.

(See 16.3.56)

16.2.18 Any proposal to use a BBC News brand for marketing purposes in connection with any BBC Global News off-air sponsored event, or any third-party event, must be approved by a senior editorial figure.

(See 16.3.57)

16.3 Guidelines

Part A: Guidelines for All Services

16.3.1 Before entering into an external relationship with the purpose of producing editorial content, we must ensure that:

the third party is appropriate
the relationship is appropriate given the editorial content to be produced
the BBC will maintain independent editorial control over its editorial content.

Appropriateness: third party

16.3.2 An assessment must be made of the third party’s objectives and aims, its activities, its financial soundness, who funds or sponsors the organisation and whether the organisation has been involved in any controversy which could have a material negative effect on the BBC’s reputation.

16.3.3 We must be satisfied that the external editorial relationship will not conflict with the values and standards in the BBC Editorial Guidelines.

A senior editorial figure [13] must take a decision in light of the assessments on the appropriateness of the external relationship.

There should be assessments at the start of further projects or series of content with the same organisation to ensure that nothing has changed that could affect the appropriateness of the external relationship from continuing. We should also consider whether the cumulative effect of extending it is appropriate.

Appropriateness: editorial content

16.3.4 We must not enter into an external relationship with other parties that would create a conflict of interest which could compromise the BBC’s impartiality, editorial integrity or independence.

Appropriateness: editorial control

16.3.5 The BBC must have independent editorial control over everything it produces, broadcasts or publishes and must have the right to reject material supplied by any third party. Content created by third parties for the BBC must meet the standards in the Editorial Guidelines. The BBC must always retain the right to edit as it sees fit.

External relationships should normally fit with and be appropriate for the editorial remit and audience expectation of the service. Editorial content must not be created solely to provide an opportunity for a commercial relationship, including, but not limited to, advertising, sponsorship or external funding.

The BBC must not accept money or other valuable consideration in exchange for editorial coverage, links, credits or publicity by the BBC. However, Commercial Services may make product placement arrangements.

(See Section 14 Independence from External Interests: 14.3.27-14.3.36)

We should normally approve any public reference to the BBC or to a relationship with the BBC which is made by the third party or parties in the external relationship.

16.3.6 For transparency, production should keep records of any financing from an outside organisation and retain details of assessments conducted.

Editorial Partnerships

For the meaning of an editorial partnership see Meanings above.

(See Section 16 External Relationships and Financing: 16.1)

16.3.7 The BBC seeks to offer public value by working in partnership with others. We agree common aspirations and ambition with our partners in order to achieve both mutual benefit and benefit for our audiences.

The partnership may involve complementary activities, such as a gallery mounting an exhibition on the same theme as a BBC programme. In other cases the partner and the BBC may jointly fund an off-air activity.

The partnerships must be editorially justified and the partner selected according to editorially appropriate criteria.

16.3.8 Our partnerships should be fair and beneficial to all organisations in the partnership. However, an editorial partnership must not be limited to the BBC covering a partner’s activities or promoting their campaigns and we must not promote them, their products, services or trade marks relating to activities outside of the partnership.

16.3.9 Editorial partners should be given due attribution and recognition, including in the branding and promotion of the output and services created or distributed.

(See Section 14 Independence from External Interests: 14.3.21-14.3.22)

Credits for partners must be appropriate and editorially justified.

(See Guidance: Crediting and Labelling External Relationships)

16.3.10 We should not enter into editorial partnerships with:

political parties and political organisations
lobby groups
tobacco firms or those mainly known for tobacco-related products
organisations involved in adult products or services
weapons manufacturers, or
on UK Public Services, with alcoholic drinks manufacturers or suppliers.

[13] The senior editorial figure should be not lower than head of department.

Mandatory Referral

The BBC should not normally enter into a partnership with a foreign government. Any proposal to do so must be referred to Director Editorial Policy and Standards.

We should not be used by a government or campaign group initiative to launch or appear to endorse a government, political party or campaign group policy.

Relationships with UK government departments, religious organisations, charities, trusts, foundations and non-governmental organisations which undertake lobbying should not compromise the BBC’s impartiality. Sponsored material must also not be broadcast or published.

(See Section 4 Impartiality: 4.3.17-4.3.18)

Partnerships on Public Services

16.3.11 On Public Services we must seek to enter into partnerships, particularly in the creative economy, where to do so would be in the public interest, and with a wide range of organisations.

We may share non-broadcast costs for editorial partnerships with suitable bodies such as arts and cultural bodies, charitable institutions, trusts or foundations and organisations including local authorities and government agencies where editorially justified. All partnerships must conform to the Statement of Policy on Use of Alternative Finance in BBC Content [14].

[14] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

Mandatory Referral

Any proposal for a Public Service editorial partnership with a commercial organisation must be referred to Editorial Policy who will consider whether:

the partnership would compromise the BBC’s impartiality, editorial integrity or independence
the partnership conforms to the Statement of Policy [15].

[15] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

A UK Public Service editorial partnership must not give the impression that the service is sponsored.

Joint Editorial Initiatives

For the meaning of a joint editorial initiative see Meanings.

(See Section 16 External Relationships and Financing: 16.1)

16.3.12 When undertaking a joint editorial initiative:

the BBC must retain independent editorial control of any element of the project that refers to it
the initiative must not be used to promote the outside body
the BBC should not link directly to any page of the third party’s site whose main purpose is to promote or sell any commercial product or service.

The BBC and the organisation may carry out other activities in relation to the project as well as producing content.

Co-Productions

For the meaning of a co-production see Meanings.

(See Section 16 External Relationships and Financing: 16.1)

16.3.13 A co-producer may have involvement with the editorial content and it may also be a partner. On Public Services credits for co-producers must be in line with the guidance on crediting and labelling external relationships.

(See Guidance: Crediting and Labelling External Relationships)

Distribution

For the meaning of distribution see Meanings.

(See Section 16 External Relationships and Financing: 16.1)

16.3.14 When distributing its content the BBC must retain independent editorial control of the content.

The BBC must be able promptly to remove or block its content, and platforms must not edit BBC content or metadata unless otherwise agreed.

Users should be able to easily identify which content on a platform is provided by the BBC.

16.3.15 UK Public Service content and services distributed within the UK must be available free of advertising and sponsorship. No advertising or sponsorship, (including pre-roll advertisements) may be inserted into or placed adjacent to BBC content or services in a manner that could be interpreted as a BBC endorsement for or a connection with a product, service or cause.

UK Public Services distributed within the UK must meet the BBC Distribution Policy.

16.3.16 On other services, the Advertising and Sponsorship Guidelines for BBC Commercial Services apply.

(See Advertising and Sponsorship Guidelines for BBC Commercial Services)

Live Streams from Third Parties

16.3.17 We should maintain editorial control of a live stream on any of our services.

The risk of allowing a third party’s live output to appear on a BBC service must be assessed before we proceed. We should take account of the source of the live stream, the nature of the content and the format.

We should not normally link to or embed live streams or any other form of continuous live broadcasting from personal or unverified social accounts. On Public Services we should not normally link to or embed live streams from a sponsor of a third-party event.

(See Section 16: External Relationships and Financing: 16.3.38)

Mandatory Referral

16.3.18 Any proposal to broadcast or embed a third party’s live stream must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.

Approval will only be given if:

it would not be possible for the BBC to obtain the content itself, due to its exclusive nature and/or the circumstances in which it was being live streamed
it would meet the Editorial Guidelines on privacy, harm and offence and undue prominence
on Public Services the content would not contain any reference to its sponsor, or their products, services or trade marks.

Mandatory Referral

Any proposal to link to or embed a live stream from the sponsor of a third-party event must also be referred to Editorial Policy who will consider whether the proposal would compromise the BBC’s impartiality, editorial integrity or independence.

(See Section 7 Privacy: 7.3.29-7.3.33, Section 14 Independence from External Interests: 14.3.8, and Section 17 Competitions, Votes and Interactivity: 17.3.53)

Location and Production Incentives

16.3.19 Location and production incentives are often offered by film councils or governmental or regional organisations around the world for editorial content and are a permitted exception under Clause 49 of the Framework Agreement [16].

Any conditions made by the funder must not compromise the BBC’s impartiality, editorial integrity or independence.

The source of the incentive must not have an interest in the content that would create a conflict if its funds were accepted [17].

[16] Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

[17] Agreeing Alternative Funding Guidance from Commercial Rights and Business Affairs: available on Gateway for BBC staff or via commissioning editors for independent producers.

Third-Party Advertising and the BBC Brand

16.3.20 The BBC brand must not be used to endorse other organisations. We can achieve this by ensuring that advertising, promotion and press releases by other organisations do not give the impression of BBC endorsement, and advertising does not pass off BBC content.

The BBC name, logos, titles, channel names, programme titles, formats or characters, sets, music or catchphrases should not normally be used by commercial advertisers, except in joint promotions or advertising for licensed BBC products.

If the BBC brand forms part of a product being advertised, it can be referenced within the advertising, as long as the quantity and prominence of references to the BBC across the campaign, is proportionate to the BBC’s involvement in the product.

Testimonials

16.3.21 The BBC may receive requests from past or current suppliers for permission to describe their relationship with the BBC in their promotional materials to demonstrate the goods or services that they have provided.

Such requests will normally be driven by the desire of suppliers to signal that they have worked with the BBC. There is a risk, however, that such references may be misleading or may imply BBC endorsement of that supplier. Contracts with suppliers should, therefore, normally include a clause which requires the supplier to seek BBC permission for all promotional materials which reference its relationship with the BBC.

16.3.22 Permission to enable a supplier to reference their relationship with the BBC may be granted as long as:

the BBC is a satisfied customer of the supplier’s goods or services
the BBC has agreed in advance to, and retains independent editorial control over, such references, and
references to the BBC are factual, accurate, not misleading with respect to the nature and scope of the relationship and do not imply BBC endorsement of any organisation.

Part B: Guidelines for Public Services

Public Services (UK and World Service) – Permitted Means of Finance

16.3.23 The Public Services may take finance from:

BBC commercial activities
voluntary payments of the licence fee, legacies or other donations
the Open University for learning and educational output in line with the Framework Agreement between the Open University and the BBC
any co-production agreement.

The following activities must conform to the Statement of Policy on Use of Alternative Finance in BBC Content [18]:

Partnerships

16.3.24 The Public Services may use funds derived from any not-for-profit cultural, arts, sports, educational and science bodies or other similar organisations but only where the funding is compatible with the Statement of Policy. See Editorial Partnerships for more details.

(See Section 16 External Relationships and Financing: 16.3.7-16.3.11)

Co-Funding

For the meaning of co-funding for Public Services see Meanings above.

(See Section 16 External Relationships and Financing: 16.1)

16.3.25 The BBC may accept co-funding by not-for-profit bodies for output in minority languages, such as BBC Alba, and other limited circumstances but only where compatible with the Statement of Policy, in order to represent and serve the UK’s nations, regions and communities. Occasionally the BBC may accept co-funding from not-for-profit bodies for learning or educational content or output targeted at a specific section of the audience in circumstances where it would be unjustifiable to fund output entirely from the licence fee.

Suitable co-funders include publicly funded bodies, charities, charitable trusts or voluntary bodies.

Co-funding must never be taken for news, current affairs or consumer advice content.

Co-funded editorial content must not promote the funder.

[18] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

Mandatory Referral

Any co-funding projects must be approved in writing by the relevant director.

Competition Prizes and other Awards

16.3.26 See Section 17 Competitions, Votes and Interactivity for details.

(See Section 17 Competitions, Votes and Interactivity: 17.3.1-17.3.5)

Mandatory Referral

Any proposal for sponsorship of a UK Public Service on-air or online event or for a World Service on-air or online event targeted at a UK audience, and the proposed credits, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, and Editorial Policy who will consider whether:

the proposal meets the Statement of Policy on use of Alternative Finance in BBC Content [19]
the proposal would bring the UK Public Services into disrepute
the proposed credits are in line with the Guidance on Sponsored Public Service Events and are not unduly prominent.

(See Guidance: Sponsorship of BBC On-Air or Online Events Broadcast on BBC Public Services)

16.3.28 On UK Public Services, and World Service events targeted at the UK, the money from the sponsor may only be used towards the costs of mounting the event and no sponsorship money may be used for production or broadcast costs in covering the event.

Production must keep separate accounts for event and broadcast costs.

16.3.29 Sponsorship is only acceptable for on-air and online events which are distinctive and help the BBC promote its public purposes. Events which are eligible for sponsorship include:

concerts, performance, cultural or artistic events including but not limited to competitive performance events which celebrate artistic achievement
BBC award ceremonies
BBC talent, community or youth initiatives which include an on-air or online event.

News and current affairs on-air or online events, and events based on consumer programmes dealing with a range of topics, must not be sponsored.

In addition:

we must not feature the sponsor in the title of a BBC event
on-air or online events must not be sponsored by organisations directly related to the subject matter of the event or editorial content connected with it
no impression should be given that a BBC programme or service is being sponsored. Credits should make it clear that it is the event itself which is being sponsored
we should not enter into a contractual arrangement which guarantees on-air or online credits because that could amount to product placement
on-air or online events on UK Public Services must not accept product sponsorship.

16.3.30 Organisations which are associated with the following must not sponsor BBC-run Public Service events:

political parties and political organisations
foreign governments
lobby groups
faith, religion and equivalent systems of belief
tobacco firms or those mainly known for tobacco-related products
adult products and services
weapons manufacturers.

16.3.31 The sponsor’s agenda must not determine the editorial remit of the event and the event must not become a vehicle for promoting the sponsor or its activities.

It is not normally appropriate to broadcast or embed a live stream from an event sponsor on a Public Service website.

(See Section 16 External Relationships and Financing: 16.3.17-16.3.18)

Ticket Sales

16.3.34 The BBC may recover costs from the proceeds of ticket sales for BBC Public Service-mounted or run events which contribute to the BBC’s Mission and Public Purposes [20] in line with the Statement on Ticketing for BBC Public Service Events [21].

16.3.35 We must not charge for admission to regular recordings of programmes and do not normally charge for events held on BBC premises, with the exception of the venues of the BBC Performing Groups.

Ticket revenue must only cover event costs and not be used for broadcast or production costs. The proceeds from ticket sales must only be used to pay for events or for a series of events costs and not designed to generate further income for the BBC.

Production should keep separate accounts of event and production costs and records of ticketing revenue going to the BBC or via the BBC.

There is a procedure for approval of new events and ongoing approval for existing events.

(See Guidance: Ticketing)

[19] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

[20] Clause 49(4)(h) of Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

[21] Policy Statement on Ticketing for BBC Public Service Events 2017.

Mandatory Referral

The commissioning of a new category of event with charged ticketing arrangements must be approved by the relevant controller who must refer to Editorial Policy.

Makeovers

16.3.36 Public Services must cover the full production costs of makeover programmes including but not limited to the costs of the home makeover itself where such makeovers have been instigated by the BBC.

The homeowner may contribute towards some makeover costs if they have already begun a makeover or are considering one but the BBC must not demand a financial contribution from a homeowner as a pre-requisite for taking part in a makeover programme. Such arrangements must conform to the Statement of Policy on Use of Alternative Finance in BBC Content [22].

(See Guidance: Makeover Programmes)

No money from the homeowner may go into a production budget. Production must keep separate accounts for the programme and the makeover.

Funding of Off-Air Support Material

16.3.37 We may accept outside funding for off-air support material or services on Public Services in the form of sponsorship from a third party which would usually be a not-for-profit organisation.

[22] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

Mandatory Referral

Any proposal for funding of off-air support material from a commercial organisation must be referred to Editorial Policy who will consider whether the funding would amount to BBC endorsement of the organisation, its products or services.

(See Section 14 Independence from External Interests: 14.3.26)

Other Public Service External Relationships

Coverage of Sponsored Third-Party Events

16.3.38 The BBC covers a wide variety of third-party events, sports events, awards shows and music events, many of which are sponsored.

In such coverage:

we aim to credit fairly the enabling role of sponsors
we must not promote a sponsor in the BBC coverage. Any references and credits must not be unduly prominent

(See Section 14 Independence from External Interests: 14.3.1-14.3.9)

third-party sponsored events must not be created solely to attract broadcast coverage
the Public Services must not accept any money from sponsors or organisers towards the cost of any element of the broadcast coverage of an event. However, they can pay all the costs associated with the event itself.

We must not enter into a contractual arrangement which guarantees a sponsor a set number of minutes of signage reflection on air.

Mandatory Referral

16.3.39 On-air and online proposed references on Public Services for sponsors of third-party, non-sports events, or any proposal to use content from the sponsor on Public Services, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, and Editorial Policy who will consider whether:

the proposals meet with the Guidance on Coverage of Sponsored Third-Party Events

(See Guidance: Coverage of Sponsored Third-Party Events (Non Sports) Broadcast on Public Services)

the reference does not create the impression that Public Service editorial content has been sponsored.

16.3.40 Links from Public Service platforms covering events to the sponsor’s platforms must be editorially justified and must be to areas which give relevant information about the event and do not sell products or services.

The sponsor should be appropriate; coverage of the sponsored event must not compromise the BBC’s impartiality, editorial integrity or independence.

(See Section 16 External Relationships and Financing: 16.3.1-16.3.6)

Mandatory Referral

16.3.41 Any coverage by a Public Service of an event that is sponsored by a BBC Commercial Service, brand or product or mounted by a BBC Commercial Service must be editorially justified and must be referred to Editorial Policy who will consider whether the coverage by Public Services would promote BBC Commercial Services which is not permitted.

(See Section 14 Independence from External Interests: 14.3.23)

The National Lottery

16.3.42 The BBC may cover the National Lottery which is established by an Act of Parliament.

Charities

Broadcast Appeals

16.3.43 The Public Services make airtime available for broadcast appeals by charities as a public service broadcaster. These appeals are distinct from our long-term charity partnerships.

(See Section 16 External Relationships and Financing: 16.3.45)

(See Guidance: Charitable Appeals)

The selection of broadcast appeals should reflect the range of the charitable sector. The selection process must be fair and transparent and should include criteria looking at financial robustness and governance of the organisation.

The choice of charities must be overseen by the Charity Appeals Adviser.

For requests for our content from charities, see Section 13 Re-Use, Reversioning and Permanent Availability.

(See Section 13 Re-Use, Reversioning and Permanent Availability: 13.3.30-13.3.34)

All broadcast appeals should meet the Guidance on Charitable Appeals.

Mandatory Referral

Proposals for broadcast appeals (not cross-BBC charity fundraising initiatives) must be referred to the Charity Appeals Adviser who will advise on the processes required to ensure fair and transparent selection.

(See Guidance: Charitable Appeals)

Disasters Emergency Committee Appeals

16.3.44 In the case of a major disaster overseas, the BBC may broadcast or publish an appeal on behalf of the Disasters Emergency Committee, an organisation which represents the UK’s leading humanitarian aid charities. The BBC must retain independent editorial control and the broadcast must comply with the Editorial Guidelines.

Mandatory Referral

The approval process and arrangements for the broadcast of such appeals should meet the BBC’s guidance for Disasters Emergency Committee appeals and referral must be made to the Charity Appeals Adviser who will liaise with senior figures across the BBC to seek approval for the appeal from the Director-General.

(See Guidance: Charitable Appeals)

Cross-BBC Charity Fundraising Initiatives

16.3.45 The BBC runs cross-BBC charity fundraising initiatives such as BBC Children in Need and Comic Relief.

These initiatives are partnerships between the BBC and charitable organisations. They:

are part of a partnership agreement and we may co-produce with the charity in such initiatives
may either be mounted with a charity which is an umbrella organisation which gives grants to a wide range of charities or may be an initiative with a number of separate charities for an agreed common editorial aim with the BBC as broadcast partner
will usually consist of a range of programming and content from the BBC and the charitable partner
should meet the Guidance on cross-BBC charity fundraising initiatives.

(See Guidance: Charitable Appeals)

Mandatory Referral

Advice must be sought from Editorial Policy before opening discussions with prospective partners for the start of a new initiative. Editorial Policy will consider whether the initiative would compromise the BBC’s impartiality, editorial integrity and independence.

References to Charities in Other BBC Output

16.3.46 Apart from the BBC broadcast appeals and cross-BBC charity fundraising initiatives, BBC editorial content should not directly appeal for funds for charities.

(See Section 3 Accuracy: 3.3.13-3.3.14)

We must retain our impartiality, editorial integrity and independence when we cover the work of charities and not appear to favour one charity over another.

BBC World Service – Additional Permitted Means of Finance

16.3.47 In addition to the permitted means of finance that are applicable to all Public Services under the Framework Agreement [23] the World Service may be supported by alternative finance to supplement its funding by the licence fee as set out in the BBC World Service Statement of Policy for Sources of Finance Other Than the Licence Fee [24].

(See Section 16 External Relationships and Financing: 16.3.23-16.3.37)

The World Service must keep a record of the limited alternative finance that it takes.

16.3.48 The BBC World Service is only permitted to carry an appropriate and proportionate amount of advertising and sponsorship on its services which are not targeted at UK audiences. Advertising and sponsorship must meet the Advertising and Sponsorship Guidelines for BBC Commercial Services and must take account of the likely expectations of target audiences, regulatory requirements and local market norms in the relevant territory.

(See Advertising and Sponsorship Guidelines for BBC Commercial Services)

The World Service may also take externally funded content which is not sponsored content but which is either:

funded by BBC Media Action as long as any relevant external funding provided to Media Action meets the applicable compliance procedures in accordance with BBC Media Action’s constitution or
externally funded by other appropriate external funders, provided that it is consistent with the Editorial Guidelines.

The World Service may also enter into an agreement under which the UK Government provides funding to enable the BBC to undertake particular defined projects connected with the World Service for a specific period or a specific purpose. It must be consistent with the BBC Framework Agreement [25].

[23] Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

[24] The BBC World Service Statement of Policy for Sources of Finance Other Than the Licence Fee (‘Alternative Finance’) 2017.

[25] Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation December 2016.

Part C: Additional Guidelines for BBC World Service Group

External Funding for BBC World Service Group Which is Not Co-Production or Sponsorship

For the meaning of external funding see Meanings.

(See Section 16 External Relationships and Financing: 16.1)

16.3.49 World Service Group may accept external funding to make editorial content that conforms to the BBC World Service Statement of Policy for Sources of Finance Other Than the Licence Fee [26].

All external funding relationships must comply with the Guidelines for All Editorial External Relationships.

(See Section 16 External Relationships and Financing: 16.3.1-16.3.6)

External funding must not be accepted where there is a connection between the external funder’s objectives and the editorial content that would compromise the BBC’s independence.

16.3.50 News and current affairs content must not be externally funded. Consumer advice content must not be externally funded by external funders whose products, services, or activities may be reviewed in the editorial content.

16.3.51 Content which is not news, current affairs or consumer advice content can be funded by other appropriate parties that meet the criteria in the Guidelines for all Editorial External Relationships.

(See Section 16 External Relationships and Financing: 16.3.1-16.3.6)

Appropriate external funders may be non-commercial or commercial organisations. However, the external funder, and its name, trade mark, image, activities and products, must not receive any promotion within or around the content either within the editorial or through a sponsor credit.

Organisations which are principally involved in the following are prohibited from externally funding content:

political parties and political organisations
lobby groups
faith, religion and equivalent systems of belief
tobacco firms or those mainly known for tobacco-related products
adult products and services
weapons manufacturers.

[26] The BBC World Service Statement of Policy for Sources of Finance Other Than the Licence Fee (‘Alternative Finance’) 2017.

Mandatory Referral

16.3.52 Any reference to an external funder in World Service Group editorial content must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who will consider whether the reference is editorially justified and is non-promotional.

Mandatory Referral

16.3.53 Any proposal for World Service Group editorial content to be externally funded by a non-UK government department or agency must be approved by the relevant director who will consider whether the external funding would harm the BBC’s reputation for impartiality and independence.

(See Section 16 External Relationships and Financing: 16.3.56)

16.3.54 External funding arrangements must be made clear with an informational and non-promotional acknowledgement. The acknowledgement must not suggest that the programme has been made by the external funder. To avoid promotion of the funder, no external funder logos may be used. Acknowledgements for external funders must be given in a standard form adjacent to the editorial content. For audio and video content this should normally be in the end credits. Acknowledgements must not appear to be a sponsorship credit; contact details for the external funder, including but not limited to web addresses may not be included.

External funding acknowledgements must not incorporate any element of the programme or other BBC branding or be voiced by someone appearing in the programme.

Mandatory Referral

World Service Group external funding acknowledgements must be approved by the relevant output controller, or by the relevant BBC Media Action country director for Media Action content that does not appear on a BBC service, who will consider whether the acknowledgement would promote the external funder, which is prohibited.

We do not normally allow external funders a preview of BBC content.

16.3.55 BBC World Service Group services may broadcast programmes which are made either with or by the BBC’s international charity BBC Media Action. BBC Media Action is primarily funded from grants and voluntary contributions.

BBC Media Action programmes broadcast on BBC World Service Group services may be financed by grants made to BBC Media Action by the Department for International Development or the Foreign and Commonwealth Office.

Democratic Governance Content

For the meaning of democratic governance content see Meanings above.

(See Section 16 External Relationships and Financing: 16.1)

Mandatory Referral

16.3.56 Any proposal for World Service Group democratic governance content to be externally funded must be approved by the relevant director after taking advice from Director Editorial Policy and Standards who will consider whether it would compromise the BBC’s impartiality, editorial integrity or independence.

Use of BBC News Brands by BBC Global News Ltd for Marketing Events

16.3.57 The impartiality of the BBC News brand must not be compromised by BBC Global News’ marketing and off-air activities.

Such activities should meet the Editorial Policy Guidance for Use of BBC News Brands by BBC Global News for Marketing Events.

(See Guidance: Use of BBC News Brands by BBC Global News for Marketing Events)

Mandatory Referral

Any proposal to use a BBC News brand for marketing purposes in connection with any BBC Global News off-air sponsored event, or any third-party event, must be approved by a senior editorial figure who will consider whether the proposal would compromise the BBC’s impartiality, editorial integrity or independence or otherwise bring the BBC into disrepute.

BBC Media Action

16.3.58 All editorial content produced by the BBC’s international charity, BBC Media Action, must meet the standards in the BBC Editorial Guidelines, regardless of the service on which it will be made available, no matter whether it is the World Service or a local broadcaster’s service. Where BBC Media Action is not in control of the editorial content (such as where it is acting in its capacity as a training provider), the content is not required to meet the BBC Editorial Guidelines.

Part D: Advertising and Sponsorship for BBC Commercial Services

16.3.59 Advertising and sponsorship around the BBC brand must meet the Advertising and Sponsorship Guidelines for BBC Commercial Services.

(See Advertising and Sponsorship Guidelines for BBC Commercial Services)

These BBC Guidelines apply in addition to the relevant advertising regulations in specific territories.

Advertising and Sponsorship arrangements on BBC Commercial Services available in the UK must be presented in such a way that there is no confusion to consumers about what is a Public Service and what is a Commercial Service. Such services should be identifiable as Commercial Services.

Part E: Content Made by BBC Commercial Services for Third Parties

16.3.60 When BBC Commercial Services produce content for third parties the arrangements should be in accordance with the BBC’s values and standards and must not damage the reputation of the BBC. The standards in these Guidelines should be followed, but in some cases the specific detail may not be appropriate, such as where the third party is not regulated by Ofcom.

Section 17: Competitions, Votes and Interactivity

17.1 Introduction

Interactivity is a major and growing dimension of the media scene and has a bearing on many BBC activities, both Public Service and Commercial. We aim to offer opportunities for interactivity to everyone by using different platforms in different ways. Activity in this domain by Public Services and most Commercial Services is regulated by the Ofcom Broadcasting Code (notably sections 2, 5, 7, 8, 9 and 10) and Public Services must conform to the Statement of Policy on Use of Alternative Finance in BBC Content [1].

The BBC seeks to apply the following principles:

All audience interactivity must be conducted in a manner that is honest and fair.

Audiences must not be materially misled about any competition or vote.

All BBC competitions, votes and awards on our Public Services must comply with the BBC’s Code of Conduct for Competitions and Voting.

(See Code of Conduct for Competitions and Voting)

When we offer interactivity to our audiences it must be distinctive and match the expectations of the likely audience. On our Public Services, it must add public value, be editorially justified and enhance our output in a way which fits our public service remit.

We must respect the privacy of everyone who interacts with us and store and dispose of any personal information according to our data protection policy.

(See Section 7 Privacy: 7.1)

Audience interactivity on our Public Services must not act as a commercial service, or be designed to make a profit unless it is specifically set up and approved in advance as a method of raising money for a cross-BBC charity fundraising initiative. It must also be accessible to the target audience.

On our Public Services, jointly organised competitions, donated prizes for viewer, listener or online competitions, and external funding of a prize, bursary or award, must conform to the Statement of Policy on Use of Alternative Finance in BBC Content [2].

When working in partnership with others, the BBC must maintain overall editorial control of interactivity in its output.

References to telephony services and branded methods of entry, such as social media brands, must be editorially justified and not unduly prominent.

(See Section 14 Independence from External Interests: 14.3.1-14.3.9)

BBC employees and their immediate families may not normally enter BBC competitions.

When we interact with audiences using new technologies and platforms we must conduct our activity in a manner that is consistent with the BBC’s editorial values.

Meanings

Paid-for interactivity occurs when some or all of charges paid by the audience accrue to the broadcaster. It may be via a premium rate telephone service, a mobile device or app or some other technology.

Premium rate services are services for which the revenue is shared between relevant parties. They are regulated by the Phone-paid Services Authority.

Non-geographic telephony services are those telephone numbers that are not linked to a specific location.

Apps are software applications for audience participation in content.

[1] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

[2] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

17.2 Mandatory Referrals

Mandatory Referrals

Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.

17.2.1 Votes on matters of public policy, political or industrial controversy or any other ‘controversial subject’ must be referred to Chief Adviser Politics.

(See 17.3.2)

17.2.2 Any proposal to run a competition or vote jointly with a third party must be referred to Editorial Policy and the Interactivity Technical Advice and Contracts Unit (ITACU).

(See 17.3.5)

17.2.3 Any proposal to establish a BBC award must be referred to a senior editorial figure.

(See 17.3.8)

17.2.4 Any proposal to take sponsorship for a BBC award must be referred to Editorial Policy.

(See 17.3.9)

17.2.5 Any proposal to offer a substantial prize must be referred to Editorial Policy.

(See 17.3.13)

17.2.6 Any proposal to accept the donation of a substantial prize for a cross-BBC charity fundraising initiative must be referred to Editorial Policy.

(See 17.3.19)

17.2.7 Any Public Service-commissioned or BBC Global News competition or vote which involves audience interaction must be referred to the Interactivity Technical Advice and Contracts Unit (ITACU). BBC Studios should consult ITACU and/or BBC Studios Regulatory Affairs.

(See 17.3.20)

17.2.8 All proposals to use paid-for interactivity on Public Services and Global News must be referred to the Interactivity Technical Advice and Contracts Unit (ITACU) and Editorial Policy.

(See 17.3.23)

17.2.9 Any use of paid-for interactivity on BBC Commercial Services other than Global News must be referred in the first instance to a senior editorial figure or, for independent production companies, to the commissioning editor.

(See 17.3.24)

17.2.10 Any proposal to use premium rate services to raise money for charity through any form of audience interaction must be referred to Editorial Policy and the Interactivity Technical Advice and Contracts Unit (ITACU). Approval will also be required from a senior editorial figure.

(See 17.3.25)

17.2.11 Any proposal to use premium rate services aimed at children must be referred to Editorial Policy and the relevant director.

(See 17.3.25)

17.2.12 Any proposal to use text messaging for viewer, listener or online competitions or votes must be referred to Editorial Policy and the Interactivity Technical Advice and Contracts Unit (ITACU).

(See 17.3.26)

17.2.13 Any proposal to invite people to apply to be part of a programme by ringing a contestant line must be referred to the Interactivity Technical Advice and Contracts Unit (ITACU).

(See 17.3.27)

17.2.14 Any proposal to use a premium rate information line for events or performances being covered by BBC content, or to offer tickets for sale via such information lines must be referred to Editorial Policy.

(See 17.3.28)

17.2.15 Any proposal to offer a cash prize or a donated prize for a Public Service game show or quiz must be referred to, and approved by, the relevant output controller. Substantial cash prizes must be referred to the commissioning controller who must consult Editorial Policy.

(See 17.3.36)

17.2.16 Substantial cash prizes for Commercial Services content that has not been commissioned by a Public Service must be referred to BBC Studios Regulatory Affairs.

(See 17.3.36)

17.2.17 Any proposal for the BBC to accept a donated career or life-changing opportunity for contestants or participants must be referred to Editorial Policy.

(See 17.3.38)

17.2.18 Any proposal not to pre-moderate online spaces for under-18s must be referred to Editorial Policy.

(See 17.3.46)

17.2.19 Any online safeguarding concerns about under-18s, whether related to online grooming or child abuse images must be referred to the Head of Safeguarding, Policy and Compliance [3] immediately.

(See 17.3.50)

17.2.20 Users of all mobile networks should normally be able to take part in any Public Service mobile interactivity. Proposed exceptions must be referred to Editorial Policy.

(See 17.3.57)

[3] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers.

17.3 Guidelines

Competitions and Votes

17.3.1 All BBC competitions and votes must be honest, open and fair, meeting the editorial, ethical and technical standards that our audiences expect.

17.3.2 BBC competitions and votes must be approved by a senior editorial figure. Competitions and votes must meet the following criteria:

technical systems must be robust
competitions and votes entail complex requirements, which must be appropriately resourced. We must take appropriate measures to protect the integrity of a vote and the result
rules for competitions and votes must be published
the results must be reported with due accuracy to the audience
contingency planning for both editorial and technical matters is essential
it must be made clear to the audience when votes open and close and when the closing deadline is set for competition entries
there must be sufficient time allowed between closing the competition or vote and announcing the result to ensure that it can be verified
competitions and votes must be set up and run according to the relevant Guidance
(See Guidance: Audience Interactivity)
on Public Services competitions and votes must be editorially justified
for additional considerations for competitions and votes for children see guidance.
(See Guidance: Audience Interactivity)

Competitions

all qualifying entries must have a fair chance of winning and the selection process must be designed to achieve this
we should offer a genuine test of skill, knowledge or judgement appropriate to the audience
questions and answers must require an appropriate level of skill from the likely audience and be suitable in tone and subject matter. They must be duly accurate
competitions using premium rate services must not be lotteries, which are defined in law. Legal advice must be taken
judging panels for viewer, listener, online and reader competitions must have clear criteria for selecting winners made available to audiences
Public Services must not directly promote any competition which is not organised by or run in conjunction with the BBC Public Services
we must retain our editorial independence, and Public Service competitions must not promote any service, product or publication
we must not require people to buy anything to enter a Public Service competition unless it is linked to a cross-BBC charity fundraising initiative

(See Section 16 External Relationships and Financing: 16.3.45)

costs to enter should be appropriately signalled.

For Prizes see Prizes below.

(See Section 17 Competitions, Votes and Interactivity: 17.3.12-17.3.19)

Votes

consideration must be given at the outset to whether a public vote is the most editorially appropriate method of deciding a result. Votes can be used to provide entertainment, to raise money for cross-BBC charity fundraising initiatives or to help the audience register an opinion on topics ranging from light subjects to matters of public policy or politics. We need to take into account that in some cases the outcome of the vote may represent a life-changing opportunity for the winner or winning organisation, could be of interest to lobby groups, or could represent a potential commercial advantage
we must not mislead the audience about the purpose of a vote
we do not normally announce running totals before broadcasting the final verified outcome
the BBC must be fair to anyone who is judged by an audience vote and must also fairly and accurately reflect the opinions of the voting audience

Mandatory Referral

– votes on matters of public policy, political or industrial controversy or any other ‘controversial subject’ must be referred to Chief Adviser Politics who will consider whether they are duly impartial

(See Section 4 Impartiality: 4.1 and Section 10 Politics, Public Policy and Polls: 10.3.21-10.3.40)

(See Guidance: Opinion Polls, Surveys, Questionnaires, Votes and Straw Polls)

voting/polling tools provided by social media platforms or other online services do not provide statistical or representative results. They should only be used to entertain or engage with audiences.

Jointly Run Competitions and Votes

17.3.3 We may run Public Service competitions and votes jointly with an appropriate third party such as an academic or artistic institution.

(See Section 16 External Relationships and Financing: 16.3.1-16.3.6)

We should normally pay a substantial part of the costs, and no money from the outside organisation should flow into any programme budget.

The BBC must retain editorial control and have technical oversight and approval of an overall competition. When running a vote, the BBC must be satisfied with the systems and procedures in place for it, and should usually be in direct control.

17.3.4 We should not normally run Public Service competitions or votes with a commercial organisation.

Mandatory Referral

17.3.5 Any proposal to run a competition or vote jointly with a third party must be referred to Editorial Policy and the Interactivity Technical Advice and Contracts Unit (ITACU) who will consider whether:

the organisation is appropriate
the competition or vote is robust and contingencies are appropriate
the BBC will retain editorial control.

Awards

17.3.6 The BBC may establish its own awards to recognise the achievements and talents of members of the public or certain groups such as writers, musicians and sports stars. These awards may sometimes be run in conjunction with appropriate third parties.

(See Section 16 External Relationships and Financing: 16.3.1-16.3.6)

17.3.7 BBC awards bear the BBC brand and therefore give a stamp of approval for achievements of individuals or third-party organisations. They should only be set up to serve a serious purpose and must be appropriately organised and resourced.

BBC awards must be set up and run according to the relevant Guidance.

(See Guidance: Audience Interactivity)

Mandatory Referral

17.3.8 Any proposal to establish a BBC award must be referred to a senior editorial figure.

Awards must meet the following criteria:

the subject matter of BBC awards should be appropriate and should not compromise the BBC’s impartiality, editorial integrity or independence
there must be clear terms, conditions and criteria for both the nominees and the judges
UK Public Service awards given at a BBC event may be supported by a non-commercial sponsor.

(See Section 16 External Relationships and Financing: 16.3.27-16.3.31)

17.3.9 Funding arrangements for Public Service awards must conform to the Statement of Policy on Use of Alternative Finance in BBC Content [4], and the Guidance on Sponsorship of BBC On-Air and Online Events Broadcast on BBC Public Services.

[4] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

Mandatory Referral

Any proposal to take sponsorship for a BBC award must be referred to Editorial Policy who will consider whether:

the proposal meets the Statement of Policy [5]
the proposal meets the relevant Guidance
it would bring the UK Public Services into disrepute.

(See Guidance: Sponsorship of BBC On-Air and Online Events Broadcast on BBC Public Services)

[5] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

Content that is Pre-Recorded, Repeated, or Available on Catch-Up Services

17.3.10 When live programmes containing competitions, votes or other interactivity are repeated, time-shifted or distributed via catch-up services, the audience must be informed that the interactivity is no longer available.

17.3.11 Programmes containing a vote or competition that is in breach of the BBC’s editorial standards must be re-edited such that the audience is not misled.

(See Guidance: Removal of BBC Online Content)

Prizes

17.3.12 Prizes must be described accurately. They should meet the expectations of the likely audience and must not bring the BBC into disrepute.

References to prizes and their donors must avoid undue prominence. Public Service competitions should not normally refer to branded goods or services which are offered as prizes.

(See Section 14 Independence from External Interests: 14.3.1-14.3.9)

17.3.13 We should normally pay for the prizes we offer in Public Service viewer, listener and online competitions and aim to offer original, rather than expensive prizes.

Mandatory Referral

Any proposal to offer a substantial prize must be referred to Editorial Policywho will consider whether the prize is appropriate in the particular circumstances.

17.3.14 Prizes for children should be appropriate to the age of the target audience and the competitors, and should normally be modest or rely on ‘money can’t buy’ experiences.

17.3.15 We must not offer cash prizes for any children’s game show, quiz or competition.

(See Section 17 Competitions, Votes and Interactivity: 17.3.30-17.3.36)

17.3.16 On Public Services we should not offer cash prizes for viewer, listener and online competitions.

(See Section 17 Competitions, Votes and Interactivity: 17.3.30-17.3.36)

17.3.17 On Public Services, prizes featuring BBC/BBC-licensed commercial products must not give the impression of promotion of Commercial Services.

(See Section 14 Independence from External Interests: 14.3.23)

Donated Prizes for Competitions

17.3.18 Donated prizes for a Public Service viewer, listener or online competition must conform to the Statement of Policy on Use of Alternative Finance in BBC content [6].

Donated prizes must meet the following criteria:

we must not accept cash prizes
appropriate prizes will have a modest cash value
over time, there should be a wide range of donors
donated prizes must be appropriately signalled to ensure transparency but should not be unduly prominent.

There must be no references to donated prizes in content in or around news bulletins.

[6] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

Prizes for Public Service Cross-BBC Charity Fundraising Initiative Competitions and Auctions

17.3.19 It may be possible to offer or accept the donation of a substantial prize for a Public Service cross-BBC charity fundraising initiative competition.

Mandatory Referral

Any proposal to accept the donation of a substantial prize for a cross-BBC charity fundraising initiative must be referred to Editorial Policy who will consider whether the prize is appropriate in the particular circumstances.

The Interactivity Technical Advice and Contracts Unit (ITACU)

17.3.20 The Interactivity Technical Advice and Contracts Unit (ITACU) is a specialist BBC unit which provides advice on all technical aspects of running a competition, vote or award on any platform and in particular in the use of premium rate telephony.

ITACU contracts telephone service providers and verifies those providers’ processes. The unit also provides legal advice and terms and conditions for competitions and votes. ITACU does not offer editorial or editorial policy advice but it liaises closely with Editorial Policy.

Mandatory Referral

Any Public Service-commissioned or BBC Global News competition or vote which involves audience interaction must be referred to the Interactivity Technical Advice and Contracts Unit (ITACU). BBC Studios should consult ITACU and/or BBC Studios Regulatory Affairs.

Telephony Services

17.3.21 Any proposal to run a competition, vote or award using telephony services must also follow the mandatory approvals process set out in the guidance on interactivity.

(See Guidance: Audience Interactivity)

Paid-for interactivity

For the meaning of paid-for interactivity see Meanings.

(See Section 17 Competitions, Votes and Interactivity: 17.1)

17.3.22 We must comply with the code of practice issued by the industry regulator, Phone-paid Services Authority.

The cost to the audience for using non-geographic telephony services must be made clear and broadcast as appropriate.

For the meaning of non-geographic telephony services see Meanings.

(See Section 17 Competitions, Votes and Interactivity: 17.1)

Mandatory Referrals

17.3.23 All proposals to use paid-for interactivity on Public Services and Global News must be referred to the Interactivity Technical Advice and Contracts Unit (ITACU) and Editorial Policy who will consider whether it is appropriate for the particular circumstances.

17.3.24 Any use of paid-for interactivity on other BBC Commercial Services must be referred in the first instance to a senior editorial figure or, for independent production companies, to the commissioning editor.

Premium Rate Services on Public Service Broadcast Channels

For the meaning of premium rate services see Meanings.

(See Section 17 Competitions, Votes and Interactivity: 17.1)

17.3.25 On Public Services, premium rate services are normally used when they are the most suitable and safest way to handle large volumes of calls effectively.

Premium rate services must meet the following criteria:

the lowest viable tariff must be charged
technical systems must prevent callers from being charged should they try to use the system when the lines are not open
we do not use premium rate services with the aim of making a profit except where their use has been approved to raise money for a cross-BBC charity fundraising initiative
there is a mandatory approvals process for the use of premium rate services within Public Services and there are also separate legal and regulatory constraints

Mandatory Referral

Any proposal to use premium rate services to raise money for charity through any form of audience interaction must be referred to Editorial Policy and the Interactivity Technical Advice and Contracts Unit (ITACU) who will consider whether the proposal is appropriate to the particular circumstances.

Approval will also be required from a senior editorial figure.

Mandatory Referral

Any proposal to use premium rate services aimed at children must be referred to Editorial Policy and the relevant director.

If such services are to be used then we must prompt children to seek permission to call from the bill payer.

(See Guidance: Audience Interactivity)

Text Messaging (SMS)

17.3.26 There are technical issues involved in the use of SMS that can jeopardise editorial integrity.

Mandatory Referral

Any proposal to use text messaging for viewer, listener or online competitions or votes must be referred to Editorial Policy and the Interactivity Technical Advice and Contracts Unit (ITACU) who will consider whether the proposal is robust enough in the particular circumstances.

There must be enough time allowed for receipt, collation and examination of texts as there can be delays in this form of interaction.

Contestant Lines

17.3.27 In some cases it may be appropriate to invite people to apply to be part of a programme by ringing a contestant line.

Mandatory Referral

Any proposal to invite people to apply to be part of a programme by ringing a contestant line must be referred to the Interactivity Technical Advice and Contracts Unit (ITACU).

Event Information Lines on Public Services

17.3.28 We may trail on-air phone lines which provide information about events or performances being covered by BBC content. These lines should not normally be premium rate or a means of purchasing tickets, though they may give details of telephone sales numbers.

Mandatory Referral

Any proposal to use a premium rate information line for events or performances being covered by BBC content, or to offer tickets for sale via such information lines must be referred to Editorial Policy who will consider whether the proposal is appropriate in the particular circumstances.

Automated Information Services

17.3.29 We must ensure that recorded ‘dial and listen’ information services are directly relevant to our output.

(See Section 14 Independence from External Interests: 14.3.26)

The duration of calls should be kept to a minimum and the audience should be informed of the cost. The service must not be used to promote any product, retailer or supplier.

(See Section 14 Independence from External Interests: 14.3.1-14.3.9)

Game Shows and Quizzes

17.3.30 We must conduct our game shows and quizzes with integrity. On Public Services we must be seen to be free of commercial pressures.

Selection of Contestants for Game Shows and Quizzes

17.3.31 Contestants on game shows and quizzes are contributors so these provisions are in addition to the Editorial Guidelines on contributors and consent.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.11)

The choice of contestant must not bring the BBC into disrepute. Reasonable steps should be taken to screen out contestants who are unsuitable.

Fairness to Contestants in Game Shows and Quizzes

17.3.32 Members of the public who take part in game shows and quizzes must be treated honestly, fairly and with regard for their dignity. They must be made aware of the rules, and should normally be given information about what is likely to happen to them and what we expect of them. If they are to appear in a humorous way it is important that they feel part of the joke rather than ridiculed. Care needs to be taken where contestants have been volunteered by family or friends.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.5 and 6.3.23, Section 7 Privacy: 7.3.17-7.3.20 and Section 5 Harm and Offence: 5.3.32)

Safety of Contestants in Game Shows and Quizzes

17.3.33 We must not put the health or safety of contestants or any other participants at any significant risk. Participants must not be asked to do anything which involves danger to life. Where relevant, specialist advice should be sought.

To avoid imitative behaviour or allegations of irresponsibility, it may be useful to make clear in the output when suitable safety precautions have been taken.

(See Section 6 Fairness to Contributors and Consent: 6.3.18-6.3.22 and Section 5 Harm and Offence: 5.3.49-5.3.51)

Setting Questions for Game Shows and Quizzes

17.3.34 Questions and their answers should be accurate, legal, require a reasonable level of skill, and be appropriate in subject matter and tone for audience expectations.

Rules or Terms and Conditions for Game Shows and Quizzes

17.3.35 There must be rules for quizzes or game shows, setting out what is expected of contestants and the terms of their participation.

Contestants should be clearly informed of these rules before they take part and should confirm that they accept and understand the terms of their participation.

Prizes for Game Shows and Quizzes

17.3.36 Prizes must be described with due accuracy. We do not normally accept donated prizes for game shows or quizzes, except for cross-BBC charity fundraising initiatives.

Mandatory Referral

Any proposal to offer a cash prize or a donated prize for a Public Service game show or quiz must be referred to, and approved by, the relevant output controller. Substantial cash prizes must be referred to the commissioning controller who must consult Editorial Policy who will consider whether:

the proposal conforms to the Statement of Policy on Use of Alternative Finance in BBC Content [7]
the prize is appropriate in the particular circumstances.

[7] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

Mandatory Referral

Substantial cash prizes for Commercial Services content that has not been commissioned by a Public Service must be referred to BBC Studios Regulatory Affairs.

Talent Searches and Programmes Offering Life-Changing Opportunities

17.3.37 The BBC may enter into editorially justified agreements with an appropriate third party to offer winning contestants or participants an opportunity or chance of a lifetime that the BBC alone could not deliver. For example, a third party may be able to offer a specialist career opportunity, an investment into a start-up business, or a performance-based opportunity such as a concert or recording contract or chance to appear in a professional production on stage or film.

(See Section 16 External Relationships and Financing: 16.3.1-16.3.6)

The BBC must maintain editorial control.

Mandatory Referral

17.3.38 Any proposal for the BBC to accept a donated career or life-changing opportunity for contestants or participants must be referred to Editorial Policy who will consider whether:

the proposal conforms to the Statement of Policy on Use of Alternative Finance in BBC content [8]
the proposal is appropriate in the particular circumstances.

Selection of Contestants/Participants

17.3.39 Talent search contestants and participants in programmes offering life-changing opportunities are contributors so these provisions are in addition to the Editorial Guidelines on contributors and consent.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.11)

Contestants/participants may often need to have specialist skills and may be recruited from a variety of sources. Often such contestants may appear on air for many weeks and receive considerable exposure.

17.3.40 The background of prospective contestants/participants must be checked before final selection is made, to ensure suitability to appear in BBC content. Factors such as their ability to withstand the pressure of a competitive and sometimes live format must be considered, as well as previous criminal convictions or other matters which could bring the BBC into disrepute.

Care of Contestants/Participants

17.3.41 At the outset, contestants/participants may not appreciate the life-changing impact of appearing in programmes of this nature. Processes should be put in place to ensure they are appropriately briefed, prepared and supported including, but not limited to, suitable support if the series is likely to attract considerable press and marketing attention. Additional processes are required for contestants/participants who are under 18, particularly if the output is to be broadcast live.

Fairness to Contestants/Participants

17.3.42 All contestants/participants must be treated honestly, fairly and with regard for their dignity. Appropriate steps should be taken to ensure they understand and appreciate the criteria which will be used to judge them.

Contestants/participants should be given copies of the specific terms and conditions governing their participation. The penalties for cheating must be clearly outlined, especially when a show involves an audience vote.

(See Section 6 Fairness to Contributors and Consent: 6.3.1-6.3.5)

[8] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016).

Phone-in Programmes

17.3.43 Phone-in programmes play an important part in BBC output. They may use comments sent via text, email, social media and the red button as well as talking to callers directly.

Because phone-ins are live, we should be ready to deal with contributions that may cause widespread offence, or break the law. We should not allow phone-ins to become a vehicle for the opinions of the presenter. The following practices may help to minimise the risks:

contributors to phone-ins should normally be called back and if necessary briefed before they go on air. We should establish whether they are appropriate to put to air, and appropriate referral made in cases of doubt
a breadth and diversity of views should be sought and the requirements of due impartiality should be met

(See Section 4 Impartiality: 4.1)

if a programme has attracted no callers then it should seek alternative content. Under no circumstance should programmes make up callers, or other interactions such as emails and texts. We must be honest with our audiences at all times
presenters must have contingency plans to deal with unexpected breaches of the Editorial Guidelines or the law. When producing a phone-in on a difficult or sensitive subject, the production team should be briefed on how to deal appropriately with contributors, including children and young people. Information about support services for contributors may be required.

(See Section 9 Children and Young People as Contributors: 9.3.21-9.3.24)

17.3.44 When a programme is contacted unexpectedly by someone wishing to share their difficult or sensitive story, we should consider whether it is appropriate for broadcast/publication and deal appropriately with the member of the public.

Comment and Moderation

17.3.45 Every online space on BBC platforms that includes comment should be appropriately moderated. For message boards for over-18s, comments should normally be reactively moderated unless the sensitivity of the subject requires a more active form of moderation.

17.3.46 Online spaces directed to under-18s should normally be pre-moderated.

Mandatory Referral

Any proposal to use any other form of moderation for under-18s must be referred to Editorial Policy who will consider whether:

the proposed form of moderation would offer an appropriate level of child protection
we should not link to unmoderated spaces for an audience of under-18s.

17.3.47 Responsibility for ensuring the message board maintains appropriate overall standards of moderation lies with the senior editorial figure responsible for the associated content.

Additional measures may be necessary at times of special sensitivity, such as during armed conflict or elections.

(See Section 10 Politics, Public Policy and Polls: 10.3.13-10.3.20 and Section 11 War, Terror and Emergencies: 11.1)

17.3.48 Online spaces which publish pictures or video from members of the public are usually pre-moderated.

17.3.49 Every online space must be able to implement a swift, robust and appropriate escalation strategy if, for example, illegal material is posted or if illegal conduct is suspected.

Escalation strategies should also be in place for suspected child grooming, threat to life, serious sexual assault or to avoid serious harm.

Mandatory Referral

17.3.50 Any online safeguarding concerns about under-18s, whether related to online grooming or child abuse images must be referred to the Head of Safeguarding, Policy and Compliance [9] immediately.

[9] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers.

(See Guidance: Interacting with Children and Young People Online)

17.3.51 Every interactive space should publish easily accessible house rules that govern what content is acceptable and what will normally be removed.

There should also be an easily accessible reporting function to alert the BBC to breaches of those rules.

17.3.52 We should aim to accommodate the widest possible range of opinions consistent with the house rules and the law. We should also include, where it is offered, comment that is critical of the BBC, talent, programmes or policies.

We should take care to mitigate risk around content, contact and conduct when running message boards directed to children.

(See Section 9 Children and Young People as Contributors: 9.3.1-9.3.11)

(See Guidance: Interacting with Children and Young People Online)

Comments on Live Streams

17.3.53 Live streaming provides the opportunity to interact directly with our audience in real time on our services. Steps that are appropriate to the platform and functionality should be taken to manage the comments during the live stream and for a period after the event has finished.

(See Section 7 Privacy: 7.3.29-7.3.33, Section 14 Independence from External Interests: 14.3.8and Section 16 External Relationships and Financing: 16.3.17-16.3.18)

User-Generated Content

17.3.54 User-generated content can take the form of video or still pictures in addition to text and comment and can provide an important contribution to BBC output online or on air.

User-generated text, pictures and video that are incorporated into our own content can be sourced either by a direct call to action to our audiences or be found through searches across the web.

Whenever we use user-generated content in our own output we should consider:

the authenticity of the content and the context in which we use it, to ensure due accuracy
consent, both to use the content, and, where relevant, from those who feature in it, particularly where this includes under-18s

(See Guidance: Interacting with Children and Young People online)

the legitimate expectation of privacy of anyone who appears in it, for example if they are receiving medical treatment, or the intention of the original publication on social media was for it to be shared among a limited number of followers
if we are encouraging breaking the law or putting contributors at risk by commissioning or using content where personal safety could be endangered
any legal or copyright issues
giving an online or onscreen credit to the owner of the picture or video.

We should ensure that references to products, such as social media platforms, are not unduly prominent.

(See Section 14 Independence from External Interests: 14.3.1-14.3.9)

(See Guidance: User-Generated Contributions)

Social Media and Other Third-Party Platforms

17.3.55 BBC-branded activity on, and content published to, social media platforms and other third-party sites should reflect the same values that we employ on our own platforms, subject to the specific constraints and expectations of each platform.

Our choice of third-party sites must not bring the BBC into disrepute, or pose significant risks to children and young people.

We should be mindful of the legal and contractual responsibilities the BBC has in operating on these sites and of the expectations of other users towards our activity and behaviour on these sites.

Any intervention should be light touch, but we may remove material that could cause unjustifiable offence.

17.3.56 We should maintain a clear distinction between BBC spaces which are run by the BBC for BBC purposes and personal spaces which are run by staff or BBC talent for their personal purposes.

There should be editorial oversight and responsibility for all our activity in BBC spaces.

(See Guidance: Social Media)

Mobile Content, Including Apps

For the meaning of apps see Meanings.

(See Section 17 Competitions, Votes and Interactivity: 17.1)

Mandatory Referral

17.3.57 Users of all mobile networks should normally be able to take part in any Public Service mobile interactivity. Proposed exceptions must be referred to Editorial Policy who will consider whether it is justified to exclude some networks.

17.3.58 We should keep the cost to the audience of Public Service mobile interactivity to the lowest tariff possible, except for approved cross-BBC charity fundraising initiatives.

When inviting people to interact with us, appropriate cost information and, where relevant, content information should be included with mobile content. Audiences should normally be warned that data charges may apply.

17.3.59 Content distributed via mobile devices should be suitable for, and meet the expectations of, the likely audience. When editing content for mobile we should ensure that the suitability and integrity of the original content is not affected. We should take account of the original context and avoid misrepresentation.

(See Section 13 Re-use, Reversioning and Permanent Availability: 13.3.1-13.3.5)

17.3.60 Public Services may include references to free apps connected to content, which are likely to be considered as programme-related material.

(See Section 14 Independence from External Interests: 14.3.23)

However, where an app is paid for, or where the app is free but enables payment to be taken, the guidelines for premium rate telephony apply.

(See Section 17 Competition, Votes and Interactivity: 17.3.22-17.3.24)

Games

17.3.61 The use of games on mobile devices, online and on interactive television can reach new audiences and enhance our output. However, there must be editorial justification for using games with BBC content and the cost of accessing them on Public Services should be kept to a minimum. The games must not be designed to make a profit on Public Services.

(See Section 17 Competition, Votes and Interactivity: 17.3.57-17.3.60)

Interactive TV Services

17.3.62 Interactive services broadcast on Public Service television, such as those activated by the red button, should not promote any specific platform. They must observe the watershed and be appropriate for the audience of any associated television programme.

(See Section 5 Harm and Offence: 5.3.6-5.3.10)

17.3.63 We should make it clear to our audiences where payment is required and display the total cost where practical. Interactive TV services on Public Service channels should not be designed to make a profit.

Section 18: The Law

18.1 Introduction

BBC Legal handles legal issues affecting the BBC, with different departments dealing with different issues.

The Programme Legal Advice department gives pre-transmission advice on the main content-related issues including defamation, privacy, contempt of court, legal rights of anonymity and all other types of reporting restrictions. Programme Legal Advice has a duty lawyer on call 24 hours a day for urgent enquiries. In addition, Programme Legal Advice keeps a list of lawyers in other jurisdictions and may be able to assist with advice on foreign law.

Advice on copyright (including fair dealing) and trade marks can be obtained from Intellectual Property. Specialist data protection advice can be obtained from Information Rights.

There are some significant differences between the legal systems of England and Wales and Scotland and Northern Ireland which, if not observed, can cause serious problems. For advice on Scottish media law, consult the BBC Legal Director, Scotland.

While following the Editorial Guidelines will often ensure that BBC content will be legally defensible, there are situations where the law imposes specific obligations, or requires standards, that are not addressed fully in these Guidelines. It is important, therefore, that referrals to Programme Legal Advice and other legal departments are adhered to. As the law is subject to interpretation and change by the courts and by statute, content producers should, in any event, consider whether taking legal advice would be appropriate.

Other common legal considerations are set out in this section.

18.2 Mandatory Referrals

Mandatory Referrals

(Mandatory Referrals are part of the BBC’s editorial management system and there are a number of them to Programme Legal Advice in the previous sections. The ones listed below are those which arise from this section alone. All Mandatory Referrals are an essential part of the process to ensure compliance and must be observed.)

18.2.1 If during the course of making programmes or content, it is believed laws may be broken by someone working for the BBC, it must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should normally consult Programme Legal Advice and, if necessary, Director Editorial Policy and Standards.

(See 18.3.1)

18.2.2 Where there may have been a data breach, a data breach form on Gateway must be completed or the matter must be referred to Information Rights, who will assess if the breach meets the legal threshold for reporting to the Information Commissioner.

(See 18.4.8)

18.3 General

18.3.1 There may be occasions where providing accurate, impartial and fair coverage in the public interest involves possible conflict with the law. Where such cases arise we must consider:

what effect breaking the law might have on the BBC
what the effect might be on the people concerned
internationally, the effect on the BBC’s future coverage of the region.

Mandatory Referral

If during the course of making programmes or content, it is believed laws may be broken by someone working for the BBC, it must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should normally consult Programme Legal Advice and, if necessary, Director Editorial Policy and Standards.

18.4 Principal Legal Considerations

Defamation and Privacy

18.4.1 An individual or corporation can sue for damage to their reputation over material that is published about them. This area of law is called defamation or libel and can have serious financial consequences if we get it wrong. Whilst a number of possible defences are available, it is important to note that when relying on the truth of what was published, it is the defendant (or defender in Scotland) who generally has to prove that it was true.

Individuals can take legal action to enforce their right to privacy, including asking the court to grant an injunction (or ‘interdict’ in Scotland) to stop true stories based on private information being made public. All legal entities including corporations may also have enforceable rights to keep information confidential. In these cases, the court will seek to balance the right to privacy or confidentiality against the media’s right of free expression and the right of the public to be informed.

Legal Rights to Anonymity

18.4.2 Victims and alleged victims of sexual offences, human trafficking offences and female genital mutilation have a legal right to anonymity. The rules regarding anonymity in these cases are complex and the right of anonymity cannot always be waived. Teachers also have a legal right of anonymity in some circumstances when an allegation of an offence is made concerning a pupil.

(See Section 6 Fairness to Contributors and Consent: 6.3.26-6.3.31 and Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.33-8.3.37)

Reporting Restrictions

18.4.3 There are a number of situations in which reporting restrictions either apply automatically or can be specifically ordered by a court.

Automatic restrictions apply to:

reports of preliminary hearings in criminal proceedings. What can be reported is very restricted
reports of proceedings in Youth Courts. In particular, we must not publish anything likely to identify someone under 18 as involved in Youth Court proceedings
family proceedings and Court of Protection proceedings (which may be heard in a number of courts including magistrates’ courts, the County Court, the Family Division of the High Court, the Court of Appeal and Supreme Court). In particular, we must not publish anything which is likely to identify any child as being involved in such proceedings.

These restrictions can be lifted or varied by a court.

Some of the more common reporting restrictions which may be ordered include:

orders preventing the identification of under-18s involved in proceedings before an adult court
postponement orders, preventing publication of reports of proceedings, usually until after the conclusion of related proceedings
anonymity orders, where the court has allowed a person’s details to be withheld.

Any queries involving legal proceedings in Scotland should be referred to the BBC Legal Director, Scotland.

(See Section 8 Reporting Crime and Anti-Social Behaviour: 8.3.13)

Obligations Under Terrorism Legislation

18.4.4 There are obligations under terrorism legislation on all people, including journalists, to disclose information regarding terrorist activity to the police as soon as reasonably practicable. Failure can amount to a criminal offence. There is also a wide range of powers for the police and other authorities to obtain information from journalists as part of a terrorism investigation.

(See Section 11 War, Terror and Emergencies: 11.3.21)

Contempt

18.4.5 Contempt of court is a criminal offence. Contempt can take many forms. The aim of the law is to prevent interference with legal proceedings in the UK. It protects proceedings in all courts and tribunals in the UK which carry out judicial functions.

Statutory contempt law bans the publication of material which creates a substantial risk of seriously prejudicing or impeding ‘active’ legal proceedings. The risk of causing serious prejudice is highest when the proceedings involve a lay jury, for example, in serious criminal cases.

The ‘active’ period in criminal legal proceedings starts with the granting of an arrest warrant, the arrest of a suspect or the issue of a summons (in Scotland a complaint) or indictment. This may be well before a person is charged.

Serious prejudice to a criminal case might be caused by, for example, the publication of previous convictions.

Accessing Illegal Content

18.4.6 There are offences regarding accessing and disseminating indecent images and information related to terrorism which can present difficulties when undertaking certain investigations.

Bribery

18.4.7 It is illegal under the UK’s Bribery Act to give or receive a bribe anywhere in the world and there is a separate offence of bribing a foreign public official.

Data Protection

18.4.8 Data protection breaches in some circumstances can give rise to criminal sanctions as well as fines. In addition, data breaches which may result in a high risk of adversely affecting individuals’ rights and freedoms must be reported to the Information Commissioner within 72 hours.

Mandatory Referral

Where there may have been a data breach, a data breach form on Gateway must be completed or the matter must be referred to Information Rights, who will assess if the breach meets the legal threshold for reporting to the Information Commissioner.

The Guidance for BBC’s Editorial Guidelines: Table of Contents

Editorial Policy Guidance notes supplement the Editorial Guidelines, with further explanation of their themes and practical tips

A-C

D-K

L-O

P-R

S-T

U-Z

A-C

Guidance: Access agreements and indemnity forms

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Fairness to Contributors and Consent
See Editorial Guidelines Section 6 Fairness: Contributors and Informed Consent and Editorial Guidelines Section 6 Fairness: Access Agreements

Privacy
See Editorial Guidelines Section 7 Privacy
Independence from External Interests
See Editorial Guidelines Section 14: Independence from External Interests
Re-use, Reversioning and Permanent Availability
See Editorial Guidelines Section 13 Re-use, Reversioning and Permanent Availability: External Requests for BBC Content

Key points

Access agreements can be a useful way of confirming and formalising the terms under which consent for access or other contributions is granted, avoiding time consuming disputes later in the production process. However, care is needed to avoid compromising editorial integrity.
It is wise to discuss access terms and any requirement for a formal agreement early in the production process to allow time for negotiation.
The BBC does not offer the opportunity for contributors to see or hear programmes prior to transmission, save in exceptional circumstances. Any viewing or listening rights provided to contributors or facilitating organisations should not include a right to demand changes.
Any access clauses concerning consent of contributors should be in keeping with the BBC’s Editorial Guidelines, balancing the individual’s right to privacy with the BBC’s (and others’) right to freedom of expression in the public interest.
Credits and links should only be given in keeping with the BBC’s Editorial Guidelines and Credits Guidelines and must remain under our editorial control.
An inappropriately worded indemnity clause or form could result in the BBC being held liable for actions outside its control or responsibility. Editorial Policy and/or Programme Legal Advice and/or the Insurance Services Department may be consulted before agreeing an indemnity clause.
Advice on access agreements and indemnity forms is available from Editorial Policy and Programme Legal Advice. When access agreements cover non-editorial areas, including rights, re-use and facility fees, the relevant Legal and Business Affairs department should be consulted.

Guidance in full

Introduction

Many organisations, ranging from police forces to schools and hospitals to department stores require the BBC to enter into written agreements in return for facilitating access to their premises or staff. This can be a useful way of confirming and formalising the terms under which consent for access or other contributions is granted, avoiding time consuming disputes later in the production process.

However, care is needed to avoid compromising editorial integrity. This may be threatened by stipulations over what can and can’t be recorded, the right to call a halt to recording, and – most notably – rights over the final edit. There is often temptation to believe that a programme will be made in a spirit of co-operation which will see both the BBC and the access-provider through any disagreements over content. This is often what happens in practice but it should not be relied upon – if the relationship breaks down, a badly worded agreement can lead to a loss of editorial control.

The contract or agreement may take the form of an Indemnity, which simply states the BBC’s legal liability to the organisation providing facilities to the BBC, or it may be an access agreement covering a broad range of rights and obligations for both parties.

Indemnity Forms

Indemnity forms are the legal agreements by which an organisation providing a facility to the BBC clarifies liability if something goes wrong – either during recording and its associated activity, or as a result of the broadcast. They may be stand-alone documents or an indemnity clause within a broader Access Agreement. An inappropriately worded indemnity could result in the BBC being held liable for actions outside its control or responsibility. Editorial Policy and/or Programme Legal Advice and/or the Insurance Services Department may be consulted before agreeing an indemnity clause.

Police Forces in England and Wales

There is a standard Indemnity Form that is recommended for use with all Police Forces in England and Wales when they are accompanied by media organisations. The wording of this form has been agreed with the BBC. It is acceptable to sign such a form provided that the wording is identical to the agreed version available on the Editorial Guidelines website (see notes below on checking the wording).

In addition, the BBC has agreed the wording of a separate and distinct indemnity/access form with Kent Police. Again, it is acceptable for programme makers and journalists to sign a form offered by Kent Police, provided it is identical to the agreed version available on the Editorial Guidelines website.

Notes on agreed Police Media Indemnity form:

When ensuring an indemnity form matches the agreed version, particular attention should be given to the wording of clause 3 and the declaration at the end of the Note to Media Representatives.

Although this standard form is recommended as good practice and has also been adopted by the Metropolitan Police, other individual forces are not obliged to use it and may still prefer to issue their own documents. With the exception of the Kent force, alternative forms are unlikely to have been agreed with the BBC and you will need to be sure that they are acceptable before signing (see guidance for “Other Organisations” below). If a force presents you with an indemnity form or filming agreement that has particular difficulties, you may offer the standard Police form as a substitute.

Other Organisations

The BBC has not agreed a standard wording for Indemnity Forms or clauses with any other organisation. However, it is reasonable to agree indemnity clauses on a case-by-case basis provided they do not over-state the BBC’s liability.

Programme makers need to ensure that the BBC is accepting liability only for problems its employees and agents have caused directly – either through their actions or through negligence. The BBC should not be left potentially liable for claims when it has had no direct involvement in whatever has gone wrong.

It is not acceptable for the BBC to agree to be liable for the actions or negligence of either the organisation providing the facility, or any other person with no relationship to the BBC. Similarly, the BBC should ensure that the organisation providing the facility does not try to exempt itself from liability for negligence.

Clauses seeking to regulate or restrict the BBC’s responsibilities in relation to privacy or other Human Rights issues should not be agreed unless they either strike an appropriate balance between the rights of privacy (or other human rights) and the BBC’s right to freedom of expression, or they otherwise maintain the BBC’s ability to make its own judgements as to what may be included in the programme.

Each time a BBC programme signs an Indemnity Form with an undesirable clause, it risks being seen as setting a precedent, making it harder to argue against such clauses in the future. So, Programme Legal Advice and Editorial Policy should be consulted, prior to signing, if any doubt exists about the wording of an indemnity form or clause.

Access Agreements

Access agreements (sometimes called Recording, Filming or Location Agreements) formalise the terms and conditions under which an organisation is prepared to grant a facility to programme makers (such as tag-along raids or any observational recording, use of pictures/films/recordings, pre-trial briefings etc.). At present, the BBC has not negotiated any standardised wording of such an agreement with any organisation.

We must not sign access agreements that surrender the BBC’s editorial control, or otherwise compromise our editorial integrity. Editorial control requires the BBC or independent production companies working for the BBC to retain the right to record and broadcast material as freely as possible, as well as to edit accurately, impartially and fairly.

Access agreements often include a clause stating that the BBC retains editorial control. However, this may provide insufficient protection if we are signing away specific rights to determine the content elsewhere.

The following matters, commonly requested in access agreements, have the potential to compromise the editorial integrity of individual programmes and/or the BBC. Care is required when agreeing the terms of access.

Viewing/Listening Rights

The BBC does not offer the opportunity for contributors to see or hear programmes prior to transmission, save in exceptional circumstances. This may be to allow an organisation working as a ‘collaborative contributor’ (see Guidance: Informed Consent) to offer advice (for example, if the subject matter has security or safety implications, or is otherwise sensitive), or to be aware of the programme’s content so that they can prepare for inquiries a programme may generate from other media.

Viewing or listening rights may also be offered when dealing with vulnerable contributors.

(See Editorial Guidelines Section 6 Fairness to Contributors and Consent)

Veto of Material

Any viewing or listening rights provided to contributors or facilitating organisations should not include a right to demand changes. It is acceptable to allow for representations to be made on any matters of concern (such as factual accuracy, impartiality or fairness) and for the programme makers to agree to give due consideration to any comments received, whilst operating to the standards of the Editorial Guidelines. However, editorial control and the decision on whether or not to change the programme should remain with the BBC.

Advice is available from Editorial Policy on any rare exceptions to this approach, prior to signing an access agreement. For example, it may be acceptable, in exceptional circumstances, to grant an organisation the right to request the removal of material that jeopardises security, safety or legitimate covert operations. However, any such exceptions require careful wording to ensure they do not allow for undue influence on editorial content which could undermine the integrity of the programme.

It is normally acceptable to sign an agreement that the BBC will act in accordance with the Editorial Guidelines (whether in whole or in part), or that the programme will meet standards in the Editorial Guidelines – for example, that the programme will be accurate or fair. Indeed, statements that reflect our Editorial Guidelines frequently meet many of the concerns of organisations providing access. Similarly, we may sign an agreement to act within the requirements of the laws of contempt. However, the crucial point is that the agreement should not pass to a third party the right to determine when those legal or editorial standards have been met. So, for example, access agreements should not normally allow organisations the right to veto material they solely determine to be inaccurate or that they believe may influence any pending legal proceedings.

Generally, we should resist attempts to include in access agreements matters that are essentially between the BBC or programme makers and individuals or organisations that are not party to the agreement – such as issues of contempt, trespass or consent of third parties. In the event that they are included, we should avoid making commitments that exceed our legal and regulatory obligations, or the high standards established in the Editorial Guidelines.

Gathering Material

We need to retain editorial control to ensure that the audience can be given an accurate and impartial view of any organisation or individual who has allowed us to film or record. Access clauses which give contributors the right to demand that we stop recording at any time are not normally acceptable. Security or other understandable concerns that may arise from material we have gathered can usually be addressed in discussion with the organisation at (or before) the final edit stage. On rare exceptions when “stop recording” clauses are acceptable, they should normally be limited to specific circumstances and allow for the decision to be explained as close as possible to the time the instruction is given.

Any access clauses concerning consent of contributors should be in keeping with the BBC’s Editorial Guidelines, balancing the individual’s right to privacy with the BBC’s (and others’) right to freedom of expression in the public interest. So, we will normally seek the consent of people who contribute to our output, however people recorded clearly committing an offence or behaving in an anti-social manner in a public place will not normally be asked for consent.

(See Editorial Guidelines Section 6 Fairness to Contributors and Consent: Contributors and Informed Consent)

Credits and Links

Credits and links should only be given in keeping with the BBC’s Editorial Guidelines and BBC Credit Guidelines and must remain under our editorial control.

(See Editorial Guidelines Section 14: Independence from External Interests)

Transmitted and Untransmitted Material

We retain the rights in our material. Although it is usually acceptable to agree to supply copies of the transmitted programme to an organisation providing access, it should normally be specified that this is for private, internal use rather than commercial or external use. Copies should normally only be supplied after transmission.

Access agreements should not require the BBC to supply untransmitted material.

(See Editorial Guidelines Section 13 Re-Use , Reversioning and Permanent Availability: External Requests for BBC Content)

Arbitration

In the event of contractual disputes arising from an access agreement, some organisations will seek to oblige the BBC to participate in independent arbitration. Subject to the advice of Legal and Business Affairs, this may be an acceptable and cost-effective means of dispute resolution for the commercial aspects of a contract. However, any commitment to independent arbitration must be restricted so that it does not include disputes over clauses relating to the editorial content of the programme. Any failure to secure such a restriction could effectively hand final editorial control of a programme to a third party arbitrator – often with no right of appeal for the BBC.

In addition to the issues outlined above, there are many other conditions that may give cause for concern if imposed upon the BBC in return for access. In particular, attention should be paid to any indemnity clause. (See above: Indemnity Forms). If unacceptable access terms are insisted upon we should withdraw from the project.

Advice

Advice is available from Editorial Policy and Programme Legal Advice.

When access agreements cover non-editorial areas, including rights, re-use and facility fees, the relevant Legal and Business Affairs department should be consulted.

Access agreements are becoming increasingly common. Organisations such as hospitals, the police, MOD, prisons and the Royal Household will nearly always require them when providing substantial or significant facilities. It is sensible to ask for them early to allow time for negotiation, rather than risk them being issued just before recording is due to begin.

Similarly, advice should be sought from Editorial Policy, Programme Legal Advice or Legal and Business Affairs, as appropriate, as early as possible and before any commitments are made to the contract or the production.

Last updated July 2019

Guidance: Anonymity

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Accuracy

See Editorial Guidelines Section 3: Accuracy: Sources 3.3.17 – 3.3.20

Fairness, Contributors and Consent

See Editorial Guidelines Section 6: Fairness, Contributors and Consent : Anonymity 6.3.26 – 6.3.31

Reporting Crime and Anti-Social Behaviour

See Editorial Guidelines Section 8: Reporting Crime and Anti-Social Behaviour: Disguising Identities 8.3.29 – 8.3.30

Key points

The decision to grant anonymity should be taken with great care. The programme maker must consider why the person wishes to remain anonymous

When we promise anonymity, we should make sure that we are in a position to honour that promise

The most important question to pose to someone requesting anonymity is “Whom do you want to be anonymous from – from the general public or from people who know you well? “

When disguising identities, be aware that some technical solutions can be reversed. Also that what may appear as insignificant detail to you (e.g. a piece of jewellery or the way a person walks) may reveal identity to those familiar with the person

Care should be taken not to reveal several pieces of information that could compromise a person’s anonymity when put together: so-called “jigsaw identification”

Guidance in full

Introduction

Granting anonymity is not ideal for programme makers or for our audiences. Sources and contributors should speak on the record whenever practicable and their identities and credentials made known to the audience so that they can judge the source’s credibility, reliability and whether or not they are in a position to have sufficient knowledge of the subject or events. It should also be remembered that the methods by which we disguise identities can sometimes compromise the content we publish visually and/or aurally through blurring the image or distorting the sound, for example.

There are, however, occasions where the reporting of a story or securing a contribution depends upon using a source or contributor who wishes to remain anonymous. The decision to grant anonymity should be taken with great care. The programme maker must consider why the person wishes to remain anonymous. Do they have something to hide beyond their identity?

When it is not self-evident to the audience we should explain to them the reasons why the production granted anonymity to a source. The strongest rationale for granting anonymity is simply to protect the contributor from illegitimate retaliation, harassment or undesirable consequences for providing information.

Granting Anonymity: Best Practice

When we promise anonymity, we should make sure that we are in a position to honour that promise

We should give careful consideration before offering a blanket guarantee of anonymity because disguising someone’s identity completely is difficult to achieve.

The most important question to pose to someone requesting anonymity is “Whom do you want to be anonymous from – from the general public or from people who know you well? “

We should keep accurate and contemporaneous notes of conversations with sources and contributors about anonymity. A recording is preferable if possible.

We must ensure when promising anonymity we take into account the implications of any possible court order demanding the disclosure of our untransmitted or unpublished material. We should be aware that materials that name them might have to be disclosed and could compromise anonymity. (This includes notebooks, administrative paperwork, computer files, emails, as well as video and audio rushes.) Before taking any action, a court order should be referred to Litigation to discuss which materials might compromise the anonymity of a contributor or source.

Anonymity also becomes an issue when we are unable to gain consent to show someone identifiably, for example when we are secretly filming for consumer or social research to expose anti-social or criminal practice but the individuals involved are simply illustrative of the behaviour, or not sufficiently culpable or responsible for their actions. In these instances when the person filmed either refuses to give consent or when we are unable to contact them to secure consent, then the effort to disguise their identity should be proportionate to the private information that we might inadvertently reveal.

Making Anonymity Effective

Footage and photos of people who wish to remain anonymous can be used provided the person’s face and hair are thoroughly blurred or obscured. Blurring is preferable to pixilation as the latter can be reversed. Filming someone from behind or placing an object to obscure a person’s distinctive features can be effective but again it must be done sufficiently to ensure the level of anonymity required. And finally the contributor or source’s identity can be disguised through lighting them so that their face is not visible.

When disguising identities, be aware that some technical solutions can be reversed. Also that what may appear as insignificant detail to you (e.g. a piece of jewellery or the way a person walks) may reveal identity to those familiar with the person

A tattoo, an unusual watch, a distinctive item of clothing, the particular way in which someone gestures, or even the location in which we are filming – can all reveal identity. Be cautious of using footage of someone walking filmed from behind as a person’s gait can be particularly distinctive.

When disguising a voice, recording a “voice over” by another person is usually more effective than technically induced distortion or manipulation of voice pitch – both of which can be reversed. Audiences should be told when another person’s voice has been used in place of the source or contributor. Whilst programme makers sometimes find that replacing a voice in this way can reduce the emotional impact, this loss should be weighed against the level of anonymity promised.

In relation to reversals as described above, we should consider the likelihood of this happening as most people’s identities are revealed by casual viewers. It is rare that someone will employ technical means to try to discover the identity of sources or contributors in our recordings or images, usually only in the case of a criminal or serious whistleblower.

We should remember that whilst the story we are producing may be intended for transmission or publication on a particular BBC outlet or outlets, the story may well be transmitted or reproduced globally on other outlets without our knowledge or consent. We should always consider the safety of contributors or sources whose identity may be inadvertently revealed internationally, in all media, in perpetuity.

Jigsaw Identification

Care should be taken not to reveal several pieces of information that could compromise a person’s anonymity when put together: so-called “jigsaw identification”

Care may also need to be taken to scrutinise other media as well as our own, to minimise the “jigsaw effect” – where the BBC publishes certain facts, and another media organisation releases others and the reports, taken together, reveal identity.

It is advisable to copy the details that are in the public domain having already been used on other radio, TV and internet news outlets. But editors need to check that the outlet they are copying from has not used too many details. If it has, subsequent stories should use the same details, but fewer of them… and avoid adding any new information of their own.

We should take particular care across the BBC’s news outlets. For instance, a web editor for bbc.co.uk might use someone’s age and the town that he lives near. But the news editor of the 6 o’clock bulletin on BBC One might opt to leave out his age, but name the small village he lived in unless there was close liaison between the two editors. Putting the two stories together could complete the jigsaw.

Guarantees to Contributors relating to Anonymity

When we grant anonymity it is important that the contributor is given sufficient information to be able to understand in advance what steps we propose to take, including the degree of protection that will result from any steps taken.

It should not be assumed that a contributor will necessarily appreciate the fine distinction between not identifying them in BBC content and making sure they are not identifiable. We should judge the sensitivity of the particular circumstances when considering what level of protection is appropriate to protect a contributor’s identity.

To reduce the possibility of any subsequent misunderstanding, we should ensure that contributors understand exactly how their voice and/or image will be disguised (eg by using an actor’s voice, by blurring, pixilation or silhouetting.

Guidance last reviewed July 2022

Guidance: Audience Interactivity

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Code of Conduct on Competitions

See Editorial Policy Guidance Note: Code of Conduct on Competitions

Competitions, Votes and Integrity

See Editorial Guidelines Section 17: Competitions, Votes and Interactivity

External Relationships & Financing

See Editorial Guidelines Section 16 External Relationships & Financing

Politics, Public Policy & Polls

See Editorial Guidelines Section 10 Politics, Public Policy and Polls

Key points

The Interactive Technical Advice and Contracts Unit (ITACU) exists to provide advice on all technical aspects of running a competition, vote or award. They should be consulted at an early stage of any proposal.
All competitions, votes and awards must comply with the Editorial Guidelines Section 17:
Competitions should always have a clear editorial purpose and offer a genuine test of skill, knowledge or judgement.
Winners of competitions should always be genuine. No member of the production team or anyone else should pose as a contestant or winner.
Competitions involving Premium Rate Telephony must be referred to a senior manager in your division and then referred to Editorial Policy and ITACU. Any proposal to set up an award must be referred to Editorial Policy and a Senior Manager at the planning stages.
An award should have clear, published rules, agreed with Programme Legal Advice.
Criteria for judging or nominations must be transparent, clear, fair and consistent.
Winners and runners-up of awards must have clear written guidance on their conduct once the result has been published.
When an award is being decided entirely or partly via a public vote then the voting mechanism used should be robust.
Special considerations apply when an award is run in partnership with an outside organisation.
Votes must not be set up to make a profit, except when authorised for a BBC charitable cause; any proposal for a vote should be referred to the relevant Controller or Senior Manager in the division for sign off.
Votes involving Premium Rate Telephony must be referred to a senior manager in your division and then referred to Editorial Policy and ITACU.
Under no circumstances can the result of a BBC vote be faked.

Guidance in full

Preface: The role of the Interactive Technical Advice and Contracts Unit (ITACU)
Part A: Detailed Guidance on Competitions
Part B: Detailed Guidance on Mounting and Running Awards
Part C: Detailed Guidance on Voting

Preface: The role of the Interactive Technical Advice and Contracts Unit (ITACU)

The BBC has a specialist unit to provide advice on all technical aspects of running a competition, vote or award and any other uses of Premium Rate Telephony. The Interactive Technical Advice and Contracts Unit (ITACU) oversees the delivery, management and contracting of all BBC’s Premium

Rate Telephony and other telephony relating to voting and competitions for all programmes, both independent and in-house, across all divisions and output.

The unit is based in BBC Design and Engineering but it serves the whole BBC. It advises on fixed line and mobile telephony, red button, and also will advise on online voting and competitions where there is also a telephony method of voting or entry. It is an essential part of ensuring that the BBC can continue to offer its audiences innovative interactivity which complies with new tougher industry regulations.

The ITACU team has specialist staff who have an extensive background in the telecoms industry and an in-depth knowledge of technical systems, contracts, service provision, mobile and data retention.

ITACU also provides business affairs and legal advice, with referrals where appropriate to Programme Legal Advice, Data Protection and Divisional Business Affairs teams.

ITACU will provide programme teams with terms and conditions for competitions and voting; ticket and prize giveaways; charity prize draws and auctions; carry out tenders and award contracts for service providers and verify their processes; select and contract third party verifiers; act as a repository for all relevant documentation associated with competitions, votes and awards which use telephony and all of the BBC’s use of Premium Rate telephony and facilitate regular audits of the BBC uses of all such interactivity.

The unit does not offer editorial advice: Editorial Policy should be consulted for all editorial queries; ITACU liaises closely with Editorial Policy.

Sign off by ITACU is a mandatory part of any proposal to use Premium Rate Telephony. Further details about ITACU can be found on BBC Gateway (Link only available to internal BBC users).

Last updated July 2019

Guidance: Part A – detailed guidance on competitions

Part A of the BBC’s Guidance on Audience Interactivity, detailed guidance on competitions

Introduction

BBC programmes and services across all genres and in all media may from time to time run viewer and listener competitions. They can enrich our output and help us to connect with our audiences. As well as being entertaining, they may also educate and inform viewers, listeners and online users. They can help us promote our programmes and services; help us reach underserved audiences and also help us to be more innovative.

It is essential that all BBC competitions meet the high editorial, ethical and technically robust standards that our audience rightly expect from us.

All BBC competitions must comply with the Code of Conduct which is affixed to this document.

Everyone who runs a competition should read the summary guide at the start of this note to help ensure they have complied with the requirements of the guidance.

This part is concerned with viewer, listener and online competitions. Game shows, contestant trawls and talent shows are not classed as general viewer and listener competitions and are not required to complete a competition approval form, although producers of such shows may find the advice in this guidance note useful, and should contact Editorial Policy for advice. Please also refer to the Guidance on Talent Searches.

(See BBC Editorial Guidance note: Talent Search and Contestants)

This section provides detailed editorial advice. It outlines the BBC referrals and compliance process for competitions. In all cases where the vote involves telephony and/or a combination of online voting and telephony you will need technical, legal and contracts advice from the Interactive Technical Advice and Contracts Unit (ITACU). (Link only available to internal BBC users).

The following principles apply to ALL BBC competitions:

There must always be a clear editorial purpose for any BBC competition, whether it is included in a BBC programme or website or whether it is run off air as part of a programme or service promotion or in conjunction with a third party;
We must offer a genuine test of skill, knowledge or judgment appropriate to the audience;
All competitions must be run with probity and to the highest standards of integrity. They must be fair, legal and honest and run in a technically robust manner;
We must always inform the audience clearly of when a competition is due to open and close;
We must publish terms and conditions to ensure the organisation and running of the competition is fair and transparent and ensure prizes are appropriately and accurately described.

Under no circumstances may any result be faked. It is essential that:

Winners are genuine and never invented, pre-chosen or planted by the production team or anybody else connected with the running of the competition;
No member of the production team or anyone else poses as a competition contestant or winner;
You are confident that there will be sufficient entries to make the competition viable, robust and a useful editorial addition to the programme; otherwise you must not run it.

In addition:

Competitions involving Premium Rate Telephony must be referred to the senior manager in your division charged with approving the use of Premium Rate telephony, and then must be referred to Editorial Policy, and ITACU (who will consult Programme Legal Advice where necessary);
Competitions must not be set up with the aim of making a profit except where they are being used to generate funds for a BBC charitable initiative;
Premium Rate lines are used when they are the most suitable and safest way to handle large volumes of calls effectively;
The lowest viable tariff must be charged. ITACU will advise on the tariff;
The only time, in exceptional cases, that the BBC may run Premium Rate lines to raise funds, is for a BBC charitable initiative. In such cases the editorial content of the programme must relate directly to the charitable cause. Any such proposals must be signed off by the Divisional Director and referred to the Editorial Policy in advance;
Premium Rate lines may not be used to raise funds for Charitable Appeals in CBBC output;
Any competition, in which the audience can text in to a live programme, and where the result is to be announced in the same programme, must be referred to ITACU who will consult Editorial Policy;
Competitions must not normally be launched and resolved within a programme of half an hour or less. Any proposed exception must be referred to the channel controller or equivalent senior manager, who must consult ITACU and Editorial Policy;
All pricing information must be given clearly and accurately, both verbally and visually where appropriate;
We must not promote any competition which is not organised by or run in conjunction with the BBC;
We must retain editorial control of our own viewer, listener and online competitions even when they are mounted in association with suitable third parties;
We must not require people to buy anything to enter a BBC competition unless it is linked to a BBC charitable appeal;
We must not mislead people about the nature of prizes. They must be accurately described and suitable for all potential entrants (see section 5);
We never offer cash prizes in viewer, listener and online competitions.

1. Permissions and Referrals

All proposals for BBC competitions must be referred in the first instance to a Controller or equivalent Senior Manager in your area for approval in principle.

Before a competition is launched you must complete a competitions approval form for authorisation and submit it to the relevant controller or equivalent Senior Manager.

In some cases if a competition takes place daily, weekly or monthly the Controller or equivalent Senior Manager may decide it is not necessary to complete the form for each separate edition. Approval may be obtained for the competition over a period of time (e.g. a month for a competition taking place daily or annually for a monthly competition – this is known as a block approval). The exact period of time before a new approval form may be required is at the discretion of the Controller or Senior Manager. All approved competitions and their supporting forms must be lodged on a database in each division and submitted to ITACU.

An appropriate editorial figure in the relevant production area must be identified by the Division as being responsible for overseeing the running of the competition, and must have completed the relevant training as outlined in the approval form. This person must also be responsible for ensuring that the competition has been appropriately resolved and ensuring that relevant documentation has been retained and copies sent to ITACU.

The specific referrals for Premium Rate Telephony are detailed in section 2 below:

2. Setting up a competition

The competition, its editorial ambition, structure, running and resolution should match the public’s high expectations of the BBC.

2.1 Appropriate Planning

Competitions need to be adequately resourced, throughout, in terms of technical support and administration. If some creativity is required, rather than simply answering questions, it must be established that all entries can be fully and equally considered, before a shortlist or winner is selected.

Independent judging panels may need to be convened (see 5.3 below). Detailed records must be kept of the winner selection. These must be submitted to ITACU for logging:

Email: itacu@bbc.co.uk

ITACU website [BBC staff only]

Adequate time must be allowed for entries to be received, verified and considered. Remember you may need to extend this in case of problems such as postal strikes or problems with online technical systems such as uploading of entries.

You must have a reasonable expectation that you will be able to cope with the number of entries and that you will generate enough interest in the competition to make it viable to launch. The choice of medium, the prize, amount of on air/ or online promotion for the competition, and the overall editorial set-up including what entrants have to do to win will all affect the likely popularity of the competition. You may wish to vary any of these elements before you finalise plans.

2.2 Telephony or online based competitions launched and resolved within a short programme

If a programme is half an hour or less, the BBC would not normally permit a competition to be launched and resolved within the same show. It is very unlikely that within half an hour a programme would have adequate time to set up the competition properly; allow the audience appropriate time to participate; and have enough time to collate and verify the results.

Any proposed exception MUST be referred to the Channel Controller, or National or Regional Controller, who should then consult Editorial Policy and ITACU.

2.3 Contingency Planning

Before you run any competition it is essential that you agree a contingency plan.

This must be agreed and signed off by the appropriate editorial figure. It must outline what to do if there is a problem with the running of a competition. This could include a problem with the technology used for running the competition; the need to change or withdraw a prize e.g. cancellation of a sporting event; being unable to contact winners on air or after.

Separate contingency plans may be needed to outline what to do in the event of a failure of technology (refer to ITACU) or if there is an editorial or legal problem such as evidence of a breach of the rules by entrants (seek further advice from Editorial Policy & Programme Legal Advice).

If the competition is to be decided via an audience vote see Part C: Detailed Guidance on Voting for further advice.

2.4 Competitions aimed at or likely to involve children

Great care must be taken about any competitions which are aimed at or are likely to attract children.

If the competition involves telephony, entrants must be reminded that they must ask permission of the person who pays the bills to make the call.

Online, competitions involving children must include a statement to the effect that children (of 13 or under) should always get their parent’s or guardian’s permission before entering their personal details (name, address etc) onto the competition form.

Any proposal to use Premium Rate telephony in competitions aimed at children must be referred to the relevant Controller.

The BBC does not use Premium Rate telephony in CBBC programming.

2.5 Accessibility and choice of media

We aim not to exclude any of our audiences. Some households may not have easy access to digital technology. Normally if a competition is trailed on radio and television there should be universally accessible methods of entry, e.g. if there is an online option there should also be a telephone or written option. Competitions which can only be entered via the internet should only normally be trailed on channels where we can reasonably expect most of the likely audience to have some online access. There may be exceptions for editorial reasons for some competitions, but these should be referred in advance to Editorial Policy.

2.6 Setting of questions

Some competitions require the audience to answer one or more questions. The questions chosen are an essential part of the editorial decision making process and must be under the BBC’s editorial control. They must demand a level of skill appropriate to the likely audience and must also be suitable in tone and subject matter. Competition questions and answers should be thoroughly researched to ensure they are factually accurate.

Competition questions should not refer to any branded goods or services which are offered as prizes. Obviously where the prize is a ticket to events such as the FA cup final or concert, or book or CD then questions may test the audience knowledge about the relevant subject matter (e.g. history of the cup final or general knowledge about a writer or performer).

If entry to the competition is via a Premium Rate line or there is a donation line for a BBC charitable appeal, or any other payment to enter mechanism, ITACU Legal & Business Affairs must be consulted (who will also refer to Programme Legal Advice); a demonstrable level of skill must be demanded otherwise the competition risks being an illegal lottery or gambling.

3. Terms and Conditions

All BBC competitions must have published, comprehensive, terms and conditions, so that we are transparent with our audiences about the nature and running of our competitions. It must be clear how to enter the competition: confusion causes complaints. For example the terms and conditions should stipulate age limits, what is required of entrants, methods of selection, opening and closing dates and times. ITACU Legal & Business Affairs will advise on appropriate rules.

Although terms and conditions can be posted on a website, it is essential that important rules that the audience may need to know about before deciding to enter are clearly stated on air if a competition is being run in a programme. Entrants also need to be told where to find the rules.

4. Entry

Entrants must always be treated fairly, properly, and in accordance with the rules/terms and conditions.

4.1 Restrictions on entry

Normally all BBC competitions should be open to all audience members. However in a few cases there may be very strong editorial reasons to use a competition to attract interaction from specific sections of the audience, such as people from specific geographical areas.

If this is proposed, prior referral must be made to the Controller or equivalent Senior Editorial Manager who is responsible for the approval of competitions, who may consult with Programme Legal Advice and Editorial Policy.

The best way to use a competition to attract interaction from a specific section of the audience is to design a competition which is particularly likely to attract those groups to enter; this could be because of the editorial nature of the competition itself, the type of prize, the programme or website on which it is being promoted. However it is never acceptable to reject a legitimate winner or entrant who has complied with the rules just because they do not fit the target profile.

Any acceptable restrictions on entry must be made explicit to the audience at the outset. Any such restrictions must be reflected in the terms and conditions and these must be approved by ITACU Legal & Business Affairs who will consult Programme Legal Advice.

BBC staff are not normally eligible to enter a BBC viewer, listener or online competition. Any rare exceptions must be referred to Editorial Policy.

4.2 Online Entry forms and the Data Protection Act

Entrants to an online competition should normally complete an electronic “entrance form” which should only request the minimum amount of personal information necessary to enter the competition. The reasons for requesting any additional information should be declared under the Data Protection Act. The user must be offered a clear option to enter without providing the additional information, for example by putting an asterisk in the fields which are optional.

Personal information (which can be as little as a name and address) must not be passed on to third parties without the user’s prior knowledge and consent.

Competition entries should be retained for 2 years in case there are any complaints or queries following the competition and to facilitate audits.

The correct answer and limited details of winners (usually name and town) must be made available on request and our terms and conditions must advise entrants of this requirement.

5. Selection of winners

BBC competitions must all involve some test of knowledge or skill appropriate to the target audience. Winners must be selected fairly, openly and in accordance with the terms and conditions. There are various methods of selecting winners. The method chosen should be appropriate to the nature of the competition and must always be fair to all entrants.

5.1 Creative Competitions (panels and voting)

BBC competitions may ask entrants to demonstrate creativity, such as writing a radio play, or blog or taking a photograph. It is important to establish clear and fair criteria on which the competition is to be judged at the outset. The criteria used must be available to the public. For online competitions the criteria should normally be available on the competition website.

5.2 Audience voting

Consideration must be carefully given as to whether a vote is the most appropriate way of deciding the winner of a competition. If the competition has involved a high level of skill, such as writing a play or composing music then a panel may be the most appropriate way of judging. It may be appropriate to have two stages and involve both a panel and an audience vote.

If a competition is to be decided by way of an audience vote then you must consult the Section C: Guidance on Voting.

If the vote is by text (SMS) and is to be run and resolved in a live programme, referral must be made to ITACU who will consult with Editorial Policy.

If the competition result requires a very fast turn around time e.g. as part of a live show, it is unlikely that online or text will be acceptable. This is particularly true where there may be a strong incentive to cheat, because checking the integrity of online votes is likely to take some time and effort.

5.3 Using a Panel

In many cases for creative competitions it will be more appropriate to use a panel to judge entries. This judging system should be clearly explained to the audience and to entrants via on air/online announcements and the terms and conditions. The panel should normally include, or be overseen, by a BBC representative to ensure that the BBC remains in editorial control of the running of all of its competitions at all stages. Panelists should be issued with the criteria for judging. They must confirm, in writing, that they have no conflicts of interest; they should not have any close personal or commercial connection to the entrants.

If such a connection emerges once the competition has commenced, then the panel member should withdraw. Programme Legal Advice should be consulted. It might be necessary to restart judging. It is important that all entries are judged in a consistent manner in line with the agreed criteria. In some cases, for example when short-listing large numbers of entries, entries may be split into groups and judged by separate panels of judges. However we must always be consistent and in such cases a control mechanism such as an overseeing adjudicator must be considered to ensure fairness between panels. Further advice may be obtained from Editorial Policy.

5.4 Random Selection

(Usually only used for quizzes.)

In many cases BBC competitions are in the form of general knowledge quizzes.

In such cases a panel or vote is unlikely to be used, a winner is likely to be selected at random from all correct entries. In such cases a demonstrably fair random selection process must take place. Where we state in terms and conditions that winners will be randomly selected, we must never use additional subjective criteria, for example short-listing entries because they sound or appear lively or because they live near to where any programme recording is due to take place. (See section below)

All correct entries must be entered for random selection. There are several ways to ensure this including:

Drawn from a “hat”: If there are relatively few entries then it could be acceptable to put either all the entries, or all the correct entries into a “hat” or other appropriate receptacle. The first correct entry drawn will be the winner. It may be acceptable to draw several alternatives in case the winner is not contactable or the entry drawn has incomplete details. However if this is done it is essential that the entries are dealt with in the same order in which they are drawn. The first correct entry, which fulfils the entry terms and conditions must be the winner. It is NOT acceptable to draw/select winners in reverse order, although we may announce runners up before winners. Entries should normally be drawn with a witness, who may be from the production team.
Automated random selection: This is a complex area and you must take advice from ITACU. If there are large numbers of entries, and/or entries from a variety of sources e.g. online, text (SMS) and telephony, then it is usually appropriate to use an automated computer generated random selection process. It is likely that in such cases the telephony service provider will be responsible and contracted to carry out the random selection. However the appropriate editorial figure responsible for overseeing the running of the competition should ensure that the system is appropriate, with advice from ITACU.
If entries have come from several sources then great care must be taken to ensure the selection remains fair at all stages. More people may have entered via one method than another. Entries must be appropriately weighted to ensure everyone has the same statistical chance of being selected. Not all automated random selections systems are the same or as robust. Referral must be made to ITACU.

5.5 Random selection & second stage (Where the finalists compete on air)

In certain limited cases, particularly live Radio quizzes, the format of the competition may mean that two or more finalists must be selected, from the correct entries to compete on air. In such cases, editorially, it will be necessary to ensure that the finalists are able to compete in that way, for example, they may need to be able to cope with the pressure of competing live on air and also may need to be lively and interesting.

In such cases the competition would have two stages; a random selection of all winning entries and then a second stage where these winners are contacted in the order in which they have been drawn and auditioned to select finalists to go on air.

It is essential that this process is clearly explained on air and online in the terms and conditions. It is also essential that this second stage audition process is supervised by the senior editorial figure responsible for overseeing the competition to ensure it is managed appropriately. Advice must be sought from Editorial Policy and Programme Legal Advice.

It is very unlikely this format would be suitable for a Premium Rate competition.

6. Prizes

The choice of an editorially appropriate prize is an integral part of the good running of a BBC competition. We must not offer cash prizes for any viewer or listener or online competition. We must never accept cash to pay for competition prizes.

We must not mislead audiences about the nature of the prize. Great care must be taken to describe accurately either on-air or online in the terms and conditions of entry, full details as to what is to be included and what is not to be included in a prize: for example travel expenses, accommodation etc.

Particular care must be taken to ensure that the prize is dispatched within a reasonable time.

6.1 Suitability of prizes

Prizes for viewer and listener and online competitions should meet the expectations of the likely audience. We would normally offer “money-can’t- buy” experiences, rather than prizes of a high monetary value. They should match the likely age of participants. The choice of prize should not risk bringing the BBC into disrepute.

6.2 Donated prizes

We should normally pay for the prizes we offer in our competitions and aim to offer original rather than expensive prizes. However, in order to ensure the best value for the licence fee payer we may accept modest donated prizes such as concert or theatre tickets, tickets to sports events, books or DVDs.

We may accept prizes of visits to special events, including hospitality offered at the event, but we should pay for the majority of costs e.g. for travel or accommodation.

The BBC must retain its editorial independence and objectivity and we must not promote or appear to favour one organisation or company. It is important, therefore, that we ring the changes when accepting any donated prizes. If there is a range of

prizes there should be a range of donors over time. For example if a local radio station has a number of football teams in its area we should not continually offer tickets to only one of the team’s matches as prizes.

We must never allow a donor to influence the on-air or online editorial e.g. provide copy about the prizes, suggest questions for the competition.

Competition questions should not refer to any branded goods or services which are offered as prizes (see 6.5 below) and we should normally avoid offering prizes of branded products or services which are referred to editorially elsewhere in the programme or on the same section of the website.

It is essential that no prize is accepted in return for a “plug”. We must never accept prizes in exchange for a verbal or visual or logo credit for the donor or their sponsors. Programmes must never give an assurance that there will be an on-air credit or online credit or any publicity in exchange for the donation of a competition prize.

Prizes should be described in an informational, non promotional manner. The name of the supplier should not normally be given and the brand name should not be mentioned unless it is necessary editorially to describe the prize. Any references to the brand must be kept to the minimum. Normally only one reference should be made. We should avoid shots of brand logos on air and online.

Unless there is a very strong editorial reason to do so, we would not normally provide an online link to the supplier of a prize.

Donations of substantial prizes are permissible only in exceptional circumstances and must not bring the BBC’s editorial integrity into question. For example it might be possible to accept a more substantial prize if offered by an artistic, educational, arts or sports body or a research foundation. Such prizes can be accepted only with the approval of the relevant Controller or equivalent Senior Manager. Editorial Policy must be consulted also.

6.3 Prizes for Charity Competitions

The BBC may run on-air competitions or contests as part of its fundraising activities for BBC charitable campaigns such as Children in Need or Red Nose Day. In such cases we may accept a substantial donated prize, as an incentive to entering and donating to the charity. Any such donation of a substantial prize for a BBC charity competition must be referred in advance to Editorial Policy. Legal advice should also be sought and legal documentation with the charity may also be required.

6.4 BBC commercial products as prizes

Great care must be taken over the use of BBC commercial products such as magazines, books and DVDs as prizes. The BBC commercial product should never be the main focus of the prize. Usually we would only offer BBC commercial products as part of a “basket” of prizes, for example we could include some BBC DVDs in a general family selection of DVDs.

6.5 Product prominence

Whether a prize has been donated or not we must take care not to describe or depict it in such a way as to give undue prominence for any third party, whether they are a commercial organisation or not. Normally we would not refer to a prize by its branded name, for example we would say “games console” rather than “Xbox”. In order to avoid undue prominence, care must be taken over the use of any pictures which show branding. There should be no element of plugging.

Online, if an image of a product is used, it should not be too large or too prominent.

The name of the supplier should not normally be given and the brand should be mentioned only if strictly editorially necessary. Product logos should not be used.

We should never use text from product promotional material.

Normally we would not offer an ongoing subscription to an organisation or magazine as a prize.

7. Competitions which use telephony

7.1 Premium Rate Telephony Services

Definition of Premium Rate Telephony Services (PRTS)

Premium Rate Telephony Services are those which deliver some form of content, or service which is charged to the users’ phone bills. They can be run via fixed lines, mobile phones or interactive digital television.

Fixed line Premium Rate numbers are normally prefixed with ‘09’.

Premium Rate text (SMS) services normally use short access codes typically four or five digit numbers. These will usually be shown on phone bills as ‘Premium Rate call’ or ‘high Premium Rate service’, although this may vary depending on individual mobile network operators. Premium Rate charging for mobile content is generally per text (SMS) message.

Premium Rate lines are used when they are the most suitable way to handle large volumes of calls effectively;
The lowest viable tariff must be charged. Advice must be sought from ITACU;
The only time, in exceptional cases, that the BBC may run Premium Rate Lines to raise funds, is for a BBC charitable initiative. In such cases the editorial content of the programme must relate directly to the charitable cause. Any such proposals must be signed off by the Divisional Director and referred to Editorial Policy in advance;
All proposals to use Premium Rate telephony must be referred to the senior manager in your division charged with approving the use of Premium Rate telephony, and then must be referred to Editorial Policy and ITACU Legal and Business Affairs (who may consult with Programme Legal Advice). A Premium Rate Telephony approval form must be authorised by the relevant Controller or Senior Manager. All Premium Rate competitions require legally approved rules.

Any use of Premium Rate telephony must also comply with the Code of Practice issued by the telephony industry regulator PhonepayPlus (formerly ICSTIS) – please consult ITACU for advice in advance.

7.2 Audience information

It is extremely important that we are totally transparent with our audiences in relation to our use of Premium Rate telephony. We must ensure that they are given all relevant information.

An IVR (Interactive Voice Response) system will normally be used to handle Premium Rate votes. This technology can use a computer to process voice responses or touch tone signals from a normal phone call. The IVR can often use pre-recorded messages to give relevant information to callers; such as the fact that their entry has been registered or which answer they have given in the case of multiple choice questions. These systems generally handle large call volumes.

Consult ITACU in advance if you are intending to use an IVR system.

7.3 Information on call costs

Audiences must be informed clearly of how much it will cost them to interact with a BBC programme using Premium Rate numbers. On television, the BBC requires this information to be conveyed verbally at appropriate regular intervals as well as visually.

Call cost information on a graphic should be clear and legible. Particular care should be taken over backing colours, font size and type of script, to ensure information is not hard to read.

Call cost information should also be given verbally, at appropriate regular intervals by a presenter or in a voice over and should be audible, clear and at a reasonable pace.

Call cost information may also be given as a recorded message on the competition entry lines.

It will not always cost the same to call from every network; calls from mobiles in particular may be more expensive. This must be declared on air.

The standard wording is “calls cost x from a BT landline, calls from other operators may vary and mobiles will be considerably higher”.

For example “calls cost x from a BT landline, calls from other operators may vary and mobiles will be considerably higher. X from each call will go to BBC Children in Need/Comic Relief etc” (see 8.5 below)

We should also aim to inform them of call costs from non-Premium Rate telephony.

You must consult ITACU for appropriate current wording.

Online information: Usually we do not display Premium Rate numbers online. Any proposal to do so should be referred to Editorial Policy. Where it is agreed to do so, all relevant call cost information must also be displayed. In some cases, particularly for popular high profile shows such as a TV talent show, with audience voting, we may decide to include a table showing indicative costs from the main mobile phone networks, on the show website. In such cases ITACU must be consulted at an early stage; they will provide this information for the website.

7.4 Information about line opening and closing times

Audiences must be informed clearly and precisely when competition lines open and close; this should include dates and sometimes also times where appropriate, for example where a vote involves email or phone/text entry.

When using Premium Rate Telephony you must ensure systems are used which prevent callers from being charged, should they try to enter before lines open or after they close. Further advice must be sought from ITACU.

We must verbally and visually (for television) remind people not to enter before or after lines open or close. We normally state: “don’t enter before or after x time, your entry won’t count, and you may be charged”.

For non- Premium Rate interactions:

If you have to use a system which cannot prevent callers being charged before a line opens or after it closes then the on air message should be: “do not enter before or after x time or your entry won’t count and you will be charged”

7.5 Charity fundraising

Any proposal to use Premium Rate competitions to raise money for charity must be referred in advance to the Divisional Director and Editorial Policy. Programme Legal Advice must also be consulted if the proposal is approved.

Some programmes, series and strands within existing shows are specially commissioned as part of the charity fundraising output for BBC Appeals e.g. “Comic Relief does Fame Academy”. In such cases, where the output is directly connected to the charitable appeal and is clearly in the run up to the Charitable Appeal, Premium Rate competitions may be used as a form of donation.

N.B. we will not use Premium Rate lines to raise funds for Charitable Appeals in CBBC output.

7.6 Tariffs for Premium Rate charity fundraising

A range of Premium Rate tariffs may be used to raise monies for charity: the BBC does not specify any one rate. These tariffs yield varying amounts for charity. In selecting the tariff care must be taken to ensure we do not charge our audiences a prohibitive amount, even if the monies are to be used for charity.

Sometimes Premium Rate text (SMS) entry may be used for charity fundraising for a BBC Appeal. Very careful consideration is needed to ensure that the use of Premium Rate text (SMS) votes to raise money for charity is editorially justified. It is possible that the charity or programme may wish to attract a specific demographic which would usually use text (SMS) entry for competitions e.g. BBC Radio One, BBC Six Music.

In all cases ITACU will advise on the appropriate tariff and will ensure the best return possible is achieved for the charitable appeal, whilst delivering a robust technical system. The final decision as to the appropriate tariff will be made in consultation with Editorial Policy.

7.7 Non-Premium Rate telephony

Non-Premium Rate numbers may be available to run a competition. Clear cost information should still be provided on-air. Care should be taken to ensure that the system proposed can support the interactivity. Consult ITACU.

7.8 Text (SMS) entries

Text entry is very popular among sections of our audience. It will not be suitable for all proposals. It is vital that enough time is allowed between the close of the competition and the collation, selection, verification and announcement of the result.

Text (SMS) entries are not delivered in real time. There can be a time lag between the viewer or listener sending a text, and the entry being registered, as the data has to go through several stages of processing. This delay can be considerable in some circumstances.

Any competition, in which the audience can text into a live programme, and where the result is to be announced in the same programme, must be referred to ITACU who will consult Editorial Policy.

Text messages can be charged when the user sends their message to the BBC (MO) or when they are sent a reply from the BBC (MT). Which method is most appropriate will vary from case to case and should be discussed with ITACU well in advance of setting up the competition.

8. Contracting Telephony Service Providers

Telephony service providers may be required to manage competition entry systems. In some cases they will run and aggregate the entries in all media including online.

ITACU will advise whether a service provider is needed and put in place appropriate contracts.

For Independent Productions, the contracts and the supplier to be used must be approved by ITACU Legal and Business Affairs well in advance to check that they conform to BBC standards.

8.1 Testing Lines

In all contracts ITACU will ensure that:

Telephony lines are tested appropriately;
Review meetings are held between the appropriate editorial figure responsible for overseeing the running of the competition, the telephone service provider, ITACU and, on some occasions Editorial Policy, to ensure the system has operated effectively and identify any issues;
If any issues arise, either during the running of the competition, or if they become apparent after the final data is available, the appropriate editorial figure responsible for overseeing the competition must be informed; they will consult with ITACU and possibly Editorial Policy; further senior consultation may be required;
Programme Legal Advice may also need to be consulted.

9. Jointly run competitions with third parties

Any proposal to run a jointly organised competition must be referred to Editorial Policy.

The BBC may run competitions in conjunction with suitable third parties, such as arts institutions and professional bodies. Normally we would not run competitions with a commercial organisation. However there may be exceptions for very strong editorial reasons, for example we might join with a publication to run a competition to recognise particular creative skill such as short story writing.

Whether the competition is to be run on or off air, we must ensure that the third party is a suitable partner. If we accept any donated prize, or offer any opportunity, which involves third party funding, it is essential that its acceptance does not call into question the BBC’s editorial integrity, objectivity or independence.

(See BBC Editorial Guidelines, Section 16 – External Relationships and Financing)

The BBC and the third party may jointly fund the competition with the BBC paying a substantial part of the costs. But no money from the third party should flow into any programme budget or be used to pay for any production or broadcast costs. Referral must be made at an early stage to Editorial Policy.

9.1 Participation in 3rd Party Award / Competition

If viewers or listeners are being offered the chance to vote for a third party award e.g. a category of The Brits, see Part B: Guidance on Mounting and Running an Award.

The BBC and the third party may jointly decide how the competition is run and the winner chosen. The third party must not be responsible for choosing the winner.

In some cases third parties may wish to run their own entry route, in addition to the BBC method of entry. For example they may wish people to be able to enter on their own site as well as via bbc.co.uk. This may be possible but needs very careful handling. In most cases we should ensure people enter only via BBC entry route.

Should third party insist entry must also be via the third party route – referral must be made to Editorial Policy and ITACU well before any agreements are reached. The BBC must be satisfied that the third party entry mechanism is robust and fits with the terms and conditions.

The BBC must make sure there is appropriate supervision of the collation of entries from different entry points to ensure the end result is totally fair, and that all correct entries have an equal chance of being selected.

Usually there will need to be a contract or an agreement to establish clearly how the partnership will work, and how the responsibilities for running and administering the competition will be allocated between the partners. ITACU Legal and Business will advice on all contractual matters.

All communications around the competition will need to have BBC approval e.g. all third party marketing material which refers to the BBC or its programmes or services.

We should not promote any competition which has not been organised by or run in conjunction with the BBC. To that end we must not “brand slap” i.e. simply lend our name to someone else’s competition. The BBC must be editorially involved in the set up and running of the competition and ensure it meets BBC standards.

10. Pre-recorded and repeated Programmes

10.1 Pre-recorded Programmes

If a competition is run during the course of a programme, (rather than simply promoted at the end of a show) the audience will normally presume that the programme is live. The inclusion of interactivity into a pre-recorded show can cause problems if not handled carefully. We must never mislead the audience.

Great care must be taken to ensure that it is appropriate to include a competition in a pre-recorded programme; that the competition mechanism is still valid and robust; and that particular care has been taken over scripting to avoid misleading the audience in any way. It may also be important to add extra explanatory information online with the terms and conditions.

If a programme has been pre-recorded, and a problem has been identified before transmission which renders the result inaccurate, then the programme should not be transmitted without appropriate changes. This may require re-editing.

The appropriate editorial figure responsible for overseeing the competition must be consulted.

10.2 Repeated Programmes

If a programme which includes a competition is to be repeated we must never knowingly mislead the audience into thinking they can enter when in fact they cannot. This is particularly important if the entry is via telephony. But whatever the entry method, people must not be misled.

In some cases programmes may need to be edited before repeating:

For television, we must totally obscure entry details if they are on a graphic in the original programme;
We should also use an announcement or add a graphic to inform viewers the competition is closed;
Where there are verbal announcements of entry methods it will be necessary to edit or to have a continuous strap running through that section of the programme to inform the audience the competition has closed;
For radio, appropriate edits must be made

Under no circumstances should a programme be repeated where it is known that there were errors in the voting or audience information without appropriate changes.

This also applies to On Demand services (see 10.3 below).

10.3 On Demand services (including BBC iPlayer)

Many of the BBC’s programmes are now available on a range of On Demand services, in particular the BBC iPlayer. It is important that audiences are informed that the interactivity may have changed or be closed.

There are various ways of doing this:

a short specially commissioned VT at the start of the show which will remind people that interactivity may no longer be open and direct them to the programme website for up to date information;
a strap with audience information;
The programme synopsis, which describes the programme content, must highlight that the programme includes interactivity and direct people to the website for information, where relevant

Productions must ensure they liaise with the On Demand scheduling team, to inform them of programmes which need additional information. It may not be appropriate for some programmes which include interactivity to be included in the On Demand Schedule, if appropriate announcements and audience information cannot be given.

In Radio, for services such as radio iPlayer, programme teams must liaise with the Audio and Music interactive teams to ensure that information in programmes which contain votes or competitions is amended accordingly.

11. Publicising BBC competitions

Suitable third parties, such as BBC Worldwide magazines or other publications or suitable online sites, may be used by the BBC to help publicise our competitions.

Magazines may include entry forms; third party websites may link back to a BBC online entry form. However on air we should only give the BBC method of entry.

11.1 Off-air marketing competitions

In addition BBC Publicity or Marketing may sometimes run competitions off- air which are either publicised on third party spaces (magazines, websites etc) or run in conjunction with suitable third parties, in order to promote our programmes and services. The principles outlined in this guidance note apply.

12. If things go wrong

Nothing matters more than trust and fair dealing with our audiences. Even with the best planning things may occasionally go wrong and in extreme cases this could result in problems on air. However, even though there may be pressures to keep programmes on the air, we must never compromise our editorial integrity.

Refer up, as soon as possible if serious problems over the robustness of the competition begin to develop. The appropriate editorial figure responsible for the programme which contains the competition must be informed, even if the problems have occurred in another media. For example, the competition may be run on several platforms and the problem may have occurred only online, however the television or radio executive must be made aware of this at the earliest opportunity.

The problems with the competition could have significant consequences for the programme. The appropriate editorial figure will need to decide what action may be needed on-air, whether further advice or further referrals upwards are needed, and what relevant audience information should be given out as soon as possible.

If the competition is online then the relevant Interactive executive must be informed.

In all cases it is vital that we do not inadvertently encourage people to keep entering when we know the competition may be compromised.

All measures possible must be taken to try to rectify the problem – where the competition involves telephony or a combined telephony online entry mechanic

ITACU must be consulted.

Do not announce or publish an incorrect result on-air, online or in any other media. Instead explain to the audience that there has been a problem and the result will be announced at a later date.

This must be done even if the whole programme/project has been developed or billed around the result of the competition.

BBC Press and Publicity should usually also be alerted.

The need for transparency is paramount. Audiences will value our openness. Online, we may wish to publish an explanation and an FAQ to give people more information about what has gone wrong and why.

13. Documentation: Independent verification and adjudication

In the case of high profile competitions where the prize is of high value or importance and particularly where Premium Rate telephony has been used to decide the outcome, it may be appropriate to ensure that the result is overseen by an independent verifier. ITACU will advise on such matters and contract a verifier in such circumstances.

Appropriate records must be kept by the appropriate editorial figure responsible for overseeing the interactivity and also by service providers to demonstrate competitions have been run fairly, appropriately, in accordance with the BBC Guidelines, the relevant sections of the Ofcom Code and the PhonepayPlus (ICSTIS) Code, and in accordance with the terms and conditions.

ITACU will advise what documentation must be kept and will also act as a central repository for the information and data. (itacu@bbc.co.uk)

Last updated July 2019

Guidance: Part B – detailed guidance on mounting and running awards

Detailed guidance on mounting and running awards

Introduction

In some cases, the BBC may decide to set up its own awards, to recognise the achievements or talents of members of the public or a specialist group such as writers, musicians or sport stars. BBC Awards may sometimes be run in conjunction with a suitable outside organisation.

BBC Awards will inevitably give a BBC stamp of approval for the achievements of individuals and/or third party organisations. As such they should only be set up to serve a serious purpose. We should not offer awards if we do not intend the recipient to be able to make reference to the award in public.

Consideration should be given at a senior level to ensure that the proposal to set up a BBC award is editorially acceptable.

All BBC Awards must comply with the BBC Code of Conduct which is affixed to this guidance note.

This section provides detailed editorial advice about how to run a BBC award. It outlines the new BBC referrals and compliance process for use of telephony.

In all cases where an award involves a public vote using telephony and/or a combination of online voting and telephony you will need technical, legal and contracts advice from the Interactive Technical Advice and Contracts Unit (ITACU) (Link only available to internal BBC users.)

The following principles apply to all BBC awards:

Any proposal to set up a BBC award must be referred to Editorial Policy and a Senior Manager at the planning stages;
There should be clear, published rules, which have been agreed with Programme Legal Advice;
Criteria for judging or nominations must be transparent, clear, fair and consistent;
Winners and runners up must have clear written guidance as to how they may make reference to the award once the result has been published by the BBC; it should be clear in the terms and conditions that failure to comply could result in disqualification or the award being rescinded;
If an award is to be decided totally or in part via a public vote then appropriate efforts should be made to ensure the voting mechanism used should be robust.

If the award is to be run in partnerships with an outside organisation then:

Our choice of partner and the editorial nature of the awards proposed must be appropriate and should not bring the BBC into disrepute;
The BBC’s editorial impartiality and integrity must not be compromised and the BBC must retain editorial control;
We should work with a range of partners and not unduly favour one above another.

If the award involves a bursary or a prize funded by an outside organisation, this must be approved by Editorial Policy and the BBC Regulatory lawyers.

If there is any proposal to sponsor the awards ceremony, this must be referred at the earliest stage to Editorial Policy. Sponsorship by commercial organisations is not permitted for BBC Awards.

Everyone who runs a BBC award must read the summary advice at the start of this Part to ensure they have complied with the requirements of this guidance.

1. Permissions and Referrals

Before you may run an award you must complete the Awards approval form (available from ITACU) and submit to the Controller or equivalent Senior Manager in your division for authorisation.

Awards may be complex to set up and may require advice from several specialist areas of the BBC including Editorial Policy, Programme Legal Advice, Marketing and Communications, BBC Policy, and Business Affairs. If the award involves any use of telephony then technical and contracts advice must be sought form ITACU.

Therefore any proposals to set up a BBC award must be referred at an early stage to Editorial Policy, who will advise on which other department may need to be consulted, depending on the nature of the proposal and help coordinate this advice.

The relevant Senior Manager must also be consulted.

2. How to set up and run BBC Awards

Awards may be decided by way of a panel, a public vote or a combination of the two.

An appropriate editorial figure must oversee and be responsible for the running of the award. A BBC award cannot be set up at the last minute.

3. Judging a BBC Award

3.1 Terms and Conditions

Awards can only be judged fairly, either by the public or a panel, if clear criteria are established at the outset. These must be outlined in the terms and conditions so that entrants, nominators and judges are all clear as to the purpose of the award and how it is to be decided.

If there is to be a public vote then clear terms and conditions for voting must be published; see also Part C: Detailed Guidance on Voting.

3.2 Panels

In many cases it will be appropriate to use a panel to judge entries. The judging system should normally be clearly explained to the audience and must be explained to entrants via on-air/ online announcements and the terms and conditions. The panel should normally include, or be overseen, by a BBC representative to ensure that the BBC remains in editorial control of the running of all of its awards at all stages. Panelists must be issued with the criteria for judging. They must confirm, in writing, that they have no conflicts of interest; for example they should not normally have any close personal or commercial connection with entrants.

If it emerges that there is a conflict, once the award judging process has commenced, then the panel member should withdraw. Programme Legal Advice and the senior editorial figure responsible for overseeing the running of the award must be consulted; advice may also be sought form Editorial Policy. It might be might be necessary to restart judging.

3.3 Nominations

Sometimes the awards process may take several stages: nominations may be drawn via public nominations or via a panel; a shortlist may be decided by a vote or a panel or a combination of the two.

We must apply clear criteria at all stages.

4. Jointly run awards with third parties

Further advice should be sought from the BBC Editorial Guidelines Section 16 External Relationships and Financing.

Any proposal for a jointly run award must be referred at an early stage to Editorial Policy.

The BBC may decide to mount a competitive award with a suitable organisation such as academic, educational or artistic institutions or charitable foundations: for example, the BBC Short Story Award, which is run with the Book Trust and the Book Trust for Scotland.

In some cases our awards may be made up of a number of categories and different partners may help decide individual categories.

The choice of partner for a joint award must be appropriate and editorially justifiable; care must be taken not to promote the partner. All on-air and online references should be editorially justifiable. Even though the award may be jointly organised, the BBC must retain overall editorial control. The partner may not decide the winner. In some cases, such as The Brits, BBC audiences may have the opportunity to vote in a third party organised award (see section 5 below).

We do not normally mount awards with commercial organisations. However, it may be possible:

To run a competitive award with a publication or other media organisation for a joint award for skills associated with broadcasting such as journalism, music, writing or drama or other BBC initiative;
For local radio stations to join with a regional publication to organise and present a local award.

When organising an award with a media organisation or publication, it is important that our choice of partner is editorially justifiable and that we take care not to promote the partner on-air.

Nominations and/or voting may be via the BBC and the publication or media organisation, but BBC licence fee funded services may only publicise entry via the BBC. It is essential that no-one is required to buy a publication in order to be entered for a BBC award or make a nomination.

Normally the BBC will not incorporate the third party name into the title of the award.

Any proposed exception must be referred to Editorial Policy. It will never do so in the case of a commercial organisation.

A contract or agreement will need to be drawn up between the BBC and the outside organisation, which must set out clearly lines of responsibility; Business Affairs must be consulted.

A third party may do the following:

Provide Specialist expertise for the judging panel;
Help run and publicise the awards;
Provide or run facilities for shortlisted candidates – such as workshops;
Provide part of the overall prize – e.g. a grant or bursary, performance opportunity, publication of a winner’s work.

4.1 Bursaries for BBC Awards

The BBC sometimes mounts special award ceremonies at outside venues for some of the key awards offered by the BBC such as Young Musician of the Year or the Radio 3 World Music Awards. In some cases in order to defray the costs to the licence fee payer it may be acceptable to supplement the cost of mounting a public event by sponsorship from a non-commercial body.

The money from the sponsor may only be used for the costs of mounting the event.

No sponsorship money may be used for any broadcast costs. Accounts must show clear separation between event costs and broadcasting costs.

The sponsor must not be involved in any way with the running of the awards or in any decisions as to who receives awards. An individual award at the ceremony may also be sponsored, but again the sponsor will have no say over who wins the award.

In some cases it may be acceptable for a non-commercial sponsor to fund an award which might take the form of a grant or bursary for the overall winner or winners of a specific BBC award. Winners may apply for such a bursary after they have won their award. The BBC must be in charge of the process of awarding these bursaries against published criteria.

Bursaries are only offered for clear public service reasons to enable the recipients to undertake suitable activities such as service to the community or artistic or musical studies.

Legal advice must be sought over the terms and administration of a bursary.

Any proposal for sponsorship of a BBC Public Service Award or Awards event must be referred at the earliest stage to Editorial Policy.

5. Third party awards including BBC audience participation

In rare circumstances it may be acceptable for BBC programmes or BBC channels to accept the opportunity for our audiences to vote in an award or set of awards mounted by a third party e.g. a specific category in The Brits, or the Baftas.

Great care must be taken to ensure that such an association does not bring the BBC into disrepute. It is not acceptable for BBC programmes, services and channels simply to lend their names to third party awards without sufficient editorial involvement.

All such proposals must be referred at an early stage to the relevant Controller or equivalent Senior Manager and to Editorial Policy.

6. Verification

BBC Awards are only mounted for a serious purpose and we normally expect them to have a resonance beyond the associated broadcast. They may have a direct impact on the winner and runners up. It is imperative that the award has been run in a robust manner, and it may be important to be able to demonstrate this.

In some cases it may be appropriate to consider putting in place a system of independent verification of the process and final result. For example, some programmes may wish to use an independent solicitor or accountant or suitable verification body. In other cases where there is a judging panel it might be important to ensure the Chair is independent of the BBC and/or any partner organisation. Editorial Policy will advise whether external verification is required and will liaise with ITACU to procure a suitable verifier.

7. Use of a BBC Award by winners and /or runners up

It is likely that winners and in some cases, finalists/runners up, may wish to refer to the fact they have won or been considered for a BBC Award. We must ensure there is clear information for winners and nominees as to how the award may be referenced.

This information should be issued to all entrants at an appropriate stage. Adherence to these must form part of the terms and conditions. We must ensure that the terms and condition include the right to withdraw the award at any stage if it transpires that winners have broken them or if their subsequent behaviour could bring the BBC into disrepute.

In may be advisable to put together a “winner’s pack” of BBC material which may be used by winners, with accompanying conditions. This could consist of any of the following depending on the nature of the award, subject to relevant clearances, and in accordance with BBC Policy’s advice:

An award logo;
Relevant short clips and or stills of their entry or appropriate short extracts of the programme such as the announcement of the result;
A form of words to describe their success in the awards as agreed by the BBC;
Possibly a BBC quote;
A certificate, which may be displayed;
A link back to the BBC site to explain the background to the awards and how the end result was arrived at;
In certain very limited cases they may be able to reference the award on specific product such as stickers on books or CDs. However, any such agreements MUST be referred to Editorial Policy who will consult with BBC Policy: a separate trade mark licence may need to be issued.

Winners will not be allowed to use any elements of the winning pack or refer to the BBC or its programmes and services:

In commercial advertising or promotions;
In order to attract external funding;
To lobby or campaign;
To attract donations.

Each case will vary and Editorial Policy, Business Affairs and in some cases BBC Policy must be consulted.

8. BBC Awards mounted in conjunction with BBC publications

There are particular issues here and any such proposals must be referred to Editorial Policy at the earliest stages.

9. Documentation

Appropriate records must be kept by the appropriate editorial figure responsible for overseeing the running of the award, and the telephone service provider where relevant; in order to demonstrate the BBC awards have been run fairly, appropriately, in accordance with the BBC Guidelines, and the terms and conditions.

If the award is decided in whole or part via a public vote involving telephony then a copy of all relevant documentation must also be sent to ITACU.

Email: itacu@bbc.co.uk

ITACU website

Last updated July 2019

Guidance: Part C – detailed guidance on voting

Part C of the BBC’s guidance on audience interactivity, detailed guidance on voting

Introduction

Public voting is a central factor in many BBC television and radio programmes such as “Strictly Come Dancing” and “Sports Personality of the Year”.

It is an extremely popular way for our audiences to interact with BBC content and programmes. We use audience votes in most genres and for a variety of editorial purposes. The majority of BBC votes are small scale, many of them on radio and online, where the audience is encouraged to vote on light subjects such as a favourite pop song or a most loved children’s character.

Votes can also be used for many other purposes, ranging from raising money for BBC charitable appeals, changing the plot of an interactive drama to deciding the outcome of a competition, talent search, or for a BBC Award.

It is essential that all BBC competitions meet the high editorial, ethical and technically robust standards that our audience rightly expect from us.

All BBC Votes must comply with the BBC Code of Conduct which is affixed to this guidance note.

Everyone who runs a BBC vote must also read the summary guide at the start of this section to ensure they have complied with the requirements of this guidance.

This guidance note does not cover audience voting on politics and public policy, e.g. opinion polls, surveys and votes.

(See Editorial Guidelines Section 10 Politics, Public Policy and Polls)

Email: itacu@bbc.co.uk

ITACU website

The following principles apply to all BBC organised votes:

Votes must be run in a robust, fair and accurate manner;
The robustness of the voting mechanism should match the editorial significance or impact of the vote;
Enough time must be allowed between the closure of the vote and the announcement of the result to ensure that the result can be properly collated and verified;
Votes must not be set up with the aim of making a profit except where it has been authorised for the purpose of raising money for a BBC charitable cause;
The audience has the right to expect that their votes will count;
Under no circumstances whatsoever can the result of any BBC vote be faked.

It is essential that:

No member of the production team or anyone else connected to running the vote alters the legitimate result;
Any proposal to run a vote must be referred to the relevant Controller or equivalent Senior Manager in the division for sign off;
Votes involving Premium Rate Telephony must be referred to the senior manager in your division charged with approving the use of Premium Rate telephony, who must consult Editorial Policy and ITACU;
Premium Rate lines are used when they are the most suitable and safest way to handle large volumes of calls effectively;
The lowest viable tariff must be charged. ITACU will advise on the tariff;
The only time, in exceptional cases, that the BBC may use Premium Rate telephony to raise funds, is for a BBC charitable initiative. In such cases the editorial content of the programme must relate directly to the charitable cause. Any such proposals must be signed off by the Divisional Director and referred to Editorial Policy in advance;
We will not use Premium Rate lines to raise funds for Charitable Appeals in CBBC output;
Clear terms and conditions must be available for voters and for participants where relevant;
Any proposal to use a text vote which will be run and resolved, in a live programme should be referred to ITACU who will consult with Editorial Policy.

In addition:

All pricing information must be given clearly and accurately, both verbally and visually where appropriate;
We must not mislead the audience about the purpose of a vote;
Voting may be carried out using fixed line telephony, text (SMS), online, or other means such as postal votes.

1. Permissions and Referrals

All proposals for BBC votes must be referred in the first instance to a Controller or equivalent Senior Manager in your area for approval in principle. If a vote involves telephony or a combination of online voting and telephony you must consult ITACU well in advance and complete a voting approval form, available from ITACU, for authorisation and submit it to the Controller or equivalent Senior Manager in your division responsible for signing off votes.

In some cases, if a vote takes place daily, weekly or on a regular basis the Controller or equivalent Senior Manager may decide it is not necessary to complete the form for each separate edition. Approval may be obtained for the voting over a period of time (e.g. a month for a vote taking place daily). The exact period of time before a new approval may be required is at the discretion of the Controller or Senior Manager.

All approved votes and their supporting forms must be lodged on a database in each division and also submitted to ITACU. (Link only available to internal BBC users.)

The specific referrals for Premium Rate Telephony are detailed in section 4 below.

1.1 Overseeing the vote

An appropriate editorial figure in the relevant production area must be identified by the Division as being responsible for overseeing the running of the vote, and must have completed the relevant training as outlined in the approval form. This person must also be responsible for ensuring that the vote has been appropriately resolved and ensuring that relevant documentation has been retained and copies sent to ITACU.

Early discussions should take place between ITACU (where the vote involves telephony or online and telephony combined), the telephone service provider and the appropriate editorial figure responsible for overseeing the vote, whether the vote uses Premium Rate or other forms of telephony. This is because in order to ensure things run smoothly it is important that the appropriate editorial figure responsible for the running of the vote fully understands how the interactivity will work, in relation to the Programme or online editorial and the telephone service provider understands the editorial rationale. Further telephony technical advice must be obtained by ITACU.

This principle also applies for online votes which are to be used in television and radio programmes. There should be appropriate consultation between the appropriate editorial figure responsible for overseeing the programme and the interactive executive responsible for the online vote.

2. Setting up a Vote

2.1 Appropriate planning

A vote may run just for fun, where no one has anything obvious to gain from the result e.g. Britain’s favourite bird. A vote may be used to express public admiration as in Great Britons. In a few cases, the outcome of a BBC public vote may represent a potentially life changing opportunity for individual winners. The outcome of mass public voting may be advantageous to organisations; it could be of interest to lobby groups and in some cases could represent a commercial advantage.

We have a duty to be fair to anyone who is being judged by an audience vote and also a duty to fairly and accurately reflect the opinions of the voting audience.

Careful consideration should be given at the outset as to whether a public vote is the most editorially appropriate method of deciding a result: it may not always be. Sometimes an alternative method such as a panel may be more appropriate.

It will not always be appropriate to use all forms of available interactivity for voting; in particular in some cases voting via text (SMS) and/or online may not be appropriate.

Careful planning is necessary to ensure that votes run effectively and can be conducted properly in the proposed time span. It may be necessary to seek specialist advice. Votes need to be adequately resourced throughout, in terms of technical support and administration. There must be sufficient resources to make sure that all legitimate votes are counted. Adequate records must be kept.

Enough time must be allowed for votes to be received, verified and collated before the result is announced.

2.2 Contingency planning

Before you run a vote it is essential that you agree a contingency plan. This must be agreed and signed off by the appropriate editorial figure. It must outline what to do if there is a problem with the running of a vote. This could include a problem with the technology used for running the vote; clear attempts to rig the result; withdrawal of competitors. For any votes designed to serve a significant purpose, the contingency plan should also be discussed with Editorial Policy.

In particular, you will need to consider what happens if the telephony system breaks down, or there is a tie for first place or any other crucial position (such as bottom two contestants who face elimination) during a live show. A suitable alternative method of deciding the final outcome must be agreed.

This could include using a preselected and vetted section of the studio audience, the use of a panel, or in rare cases restarting the vote. Legal and Editorial Policy advice may need to be sought.

3. Which voting method should you choose?

The voting method chosen should usually be the one which is most suitable for the target audience; for example, it is possible that a vote run on Radio 1 may be a text or online vote, a vote on a major Saturday night BBC One entertainment show is likely to use fixed line telephony. There are specific issues to consider with different methods. The main points are listed in the sections below.

4. Votes which use telephony

This is the most popular method. It is accessible by all sections of the audience as people can dial in from a landline or a mobile phone. If the vote is likely to have a high response, it may be appropriate to use a Premium Rate number. The telephony platform which supports the interactivity must be able to handle the likely volume of calls reliably and over the time period allowed for the vote. ITACU must be consulted.

Other non-Premium Rate numbers are available and may be suitable for some forms of voting – however numbers prefixed with “0871” are to also fall under PhonepayPlus [formerly known as ICSTIS] regulations as they will be classified as Premium Rate. You must ensure the type of telephony chosen can support the nature of the vote you are proposing to run. Advice should be sought at an early stage from ITACU.

Text (SMS) votes may use a short code of four to five numbers or long numbers of 11 digits. Short codes can be standard rate or have Premium Rate elements either when they are sent by the user or if a confirmation text is sent to the voter. Unlike fixed line telephony, you cannot always tell by the prefixes on short access codes whether the number proposed is a Premium Rate or not. ITACU will advise on whether a text short code is Premium Rate or not.

Text (SMS) messages can be charged either when the user sends their message to the BBC, or when they are sent a reply from the BBC. Which method is most appropriate will vary from case to case and should be discussed with ITACU who may consult with Editorial Policy well in advance of setting up the vote.

4.1 Premium Rate telephony services

Definition of Premium Rate Telephony Services (PRTS)

Fixed line Premium Rate numbers are normally prefixed with ‘09’. Premium Rate text (SMS) services normally use short access codes typically four or five digit numbers. These will usually be shown on phone bills as ‘Premium Rate call’ or ‘high Premium Rate service’, although this may vary depending on individual mobile network operators. Premium Rate charging for mobile content is generally per text (SMS) message.

Premium Rate lines are used when they are the most suitable and safest way to handle large volumes of calls effectively;
The lowest viable tariff must be charged. Advice must be sought from ITACU;
The only time, in exceptional cases, that the BBC may run Premium Rate Lines to raise funds, is for a BBC charitable initiative. In such cases the editorial content of the programme must relate directly to the charitable cause. Any such proposals must be signed off by the Divisional Director and referred to Editorial Policy in advance;
All proposals to use Premium Rate telephony must be referred to the senior manager in your division charged with approving the use of Premium Rate telephony, and then must be referred to Editorial Policy and Legal and Business Affairs in ITACU (who may consult with Programme Legal advice). A Premium Rate telephony approval form must be authorised by the relevant Controller or Senior Manager. All Premium Rate competitions require legally approved rules;
A non-chargeable system must be used on Premium Rate vote lines so callers trying to vote before or after lines open and close are not charged.

Any use of Premium Rate telephony must also comply with the Code of Practice issued by the telephony industry regulator PhonepayPlus (formerly ICSTIS) – please consult ITACU for further advice.

4.2 Audience information

It is extremely important that we are totally transparent with our audiences in relation to our use of Premium Rate telephony. We must ensure that they are given all relevant information. An IVR (Interactive Voice Response) system will normally be used to handle Premium Rate votes. This technology can use a computer to process voice responses or touch tone signals from a normal phone call. The IVR (interactive voice response system) can often use pre- recorded messages to give relevant information to callers, such as the fact that their entry has been registered or which answer they have given in the case of multiple choice questions. These systems generally handle large call volumes.

Consult ITACU if you are intending to use an IVR system.

4.3 Information on Call costs

Call cost information on a graphic should be clear and legible. Particular care should be taken over backing colours, font size and type of script, to ensure information is not hard to read.

Call cost information should also be given verbally, at appropriate regular intervals by a presenter or in a voice over and should be audible, clear and at a reasonable pace.

Call cost information may also be given as a recorded message on the competition entry lines.

It is also be advisable to display call cost information online where numbers are displayed.

It will not always cost the same to call from every network; calls from mobiles in particular may be more expensive. This must be declared on air. The standard wording is “calls cost x from a BT landline, calls from other operators may vary and mobiles will be considerably higher”.

Where programmes are using Premium Rate competitions in order to raise money for BBC charitable appeals, audiences must be informed clearly what charity will benefit from the service. They must also be told what proportion of the call charge will be donated to the charity. For example “calls cost x from a BT landline, calls from other operators may vary and mobiles will be considerably higher. x from each call will go to BBC Children in Need/Comic Relief etc”(see 5.6 below).

We should also aim to inform them of call costs from non-Premium Rate telephony.

Please consult ITACU.

Online information: Usually we do not display Premium Rate numbers online. Any proposal to do so should be referred to Editorial Policy. Where it is agreed to do so, all relevant call cost information must also be displayed. In some cases, particularly for popular high profile shows such as a TV talent show, with audience voting, we may decide to include a table showing indicative costs from the main mobile phone networks, on the show website. In such cases ITACU must be consulted at an early stage: they will provide this information for the website.

4.4 Information about line opening and closing times

Audiences must be informed clearly and precisely when competition lines open and close; this should include times and sometimes also dates where appropriate (for example where a vote is run over a long period of time).

When using Premium rate the telephony systems used must prevent callers from being charged, should they try to enter before lines open or after they close. ITACU must be consulted.

We must verbally and visually (for television) remind people not to enter before or after lines open or close. We normally state: “do not enter before or after x time or your vote won’t count and you may be charged”.

For non-Premium Rate interactions:

In most live programmes, where timings are likely to alter, it may not be possible to give an exact time for the opening or closing of a vote. In such cases, great care must be taken to ensure all verbal and visual information throughout the show is very clear to avoid any audience confusion. This should include a clear indication of the junction when lines open/close (e.g. lines will open/close after the next act has performed). If possible, there should be a time check of the number of minutes leading up to the opening/closing (e.g. if you have a VT immediately preceding the opening/closing, you should plan to say ‘voting lines open/close in approximately x minutes’).

4.5 Charity fundraising

Some programmes, series and strands within existing shows are specially commissioned as part of the charity fundraising output for BBC Appeals e.g. Comic Relief does Fame Academy. In such cases, where the output is directly connected, votes may be used as a form of donation.

We will not use Premium Rate lines to raise funds for Charitable Appeals in CBBC output.

Tariffs for Premium Rate charity fundraising votes

A range of Premium Rate tariffs may be used to raise monies for charity; the BBC does not specify any one rate. These tariffs yield varying amounts for charity. In selecting the tariff care must be taken to ensure we do not charge our audiences a prohibitive amount, even if the monies are to be used for charity.

Sometimes Premium Rate text (SMS) entry may be used for charity fundraising for a BBC Appeal. Therefore very careful consideration is needed to ensure that the use of Premium Rate text (SMS) votes to raise money for charity is editorially justified. Itis possible that the charity or programme may wish to attract a specific demographic which would usually use text (SMS) entry for votes e.g. Radio One, BBC Three.

4.6 Non-Premium Rate telephony

A non- Premium Rate number may sometimes be more appropriate. Clear cost information should still be provided on air. Care should be taken to ensure the system proposed can support the interactivity. Advice must be sought from ITACU.

4.7 Text (SMS) voting

Text voting is very popular among sections of our audience. It will not be suitable for all proposals, in particular it may not appropriate where the vote will run and result delivered in a live show. It is vital that enough time is allowed between the close of the vote and the collation, verification and announcement of the result. Text (SMS) votes are not delivered in real time. There can be a time lag between the viewer or listener sending a text, and the vote being registered, as the data has to go through several stages of processing. This delay can be considerable in some circumstances; any proposal to run a text (SMS) vote, which will be resolved during a live show, must be referred to ITACU who will also consult Editorial Policy.

4.8 Contracting Telephony Service Providers

Telephony service providers may be required to vote entry systems. In some cases they will run and aggregate the votes in all media including online.

ITACU will advise whether a service provider is needed and put in place appropriate contracts.

For Independent Productions, the contracts and the supplier to be used must be approved by ITACU Legal & Business Affairs well in advance to check that they conform to BBC standards.

In all contracts ITACU will ensure that:

Telephony lines are tested appropriately;
There is a requirement for the service provider to provide the production team with a regular breakdown of results, and information on any unexpected patterns of voting, as far as is technically feasible – this must include a report on votes outside the relevant voting window even though such votes should not have been changed;
Review meetings are held between the appropriate editorial figure responsible for overseeing the running of the competition, the telephone service provider, ITACU and, on some occasions Editorial Policy, to ensure the system has operated effectively and identify any issues;
If any issues arise, either during the running of the vote, or if they become apparent after the final data is available, the appropriate editorial figure responsible for overseeing the vote must be informed; they will consult with ITACU and possibly Editorial Policy. Further senior consultation may be required and Programme Legal Advice may also need to be consulted.

5. Online votes

Online voting is a popular form of interaction but while it is cheap for the online user, however it may not be easily available to a large minority of households. There is also no direct equivalent to the Caller Line Identification technology which may sometimes be available for telephony, so it may not be easy to identify individual voters online in order to bar multiple votes.

Votes which need a fast turn around time, for example as part of a live TV programme, will not normally be suitable to run online. This is particularly true where there may be a strong incentive to cheat, because checking the integrity of online votes is likely to take time and effort (see also section 8 for more details).

6. Voting from multiple platforms

It may be appropriate to offer the audience the chance to vote in a variety of ways e.g. online, text (SMS) and via a fixed line, or sometimes via a postal vote or other source – or any combination. However in such cases we need to ensure that all votes from all sources are properly aggregated. The appropriate editorial figure responsible for overseeing the vote must consult with ITACU, where telephony is involved to ensure that the system of accepting votes from a variety of sources is robust.

ITACU and the appropriate Senior Editorial figure will need to liaise between the different departments running different aspects of the vote and ensure appropriate measures are in place to feed verified results from all media into one centralised point for collation and final verification. Enough time should be allowed for this process; extra time should be allowed if some parts of the vote are also being collated by a third party, for example if we are in partnership with an outside organisation (see section 12).

7. Fairness to Contenders

In some cases the winner of a vote may clearly stand to benefit from the result, for some it could even be a life changing opportunity. The BBC must ensure all contenders are treated fairly in all our coverage on and off air.

7.1 On-air

Care must be taken to ensure contenders are treated fairly when put before a public vote. Careful consideration must be given to fairness when making editorial decisions over how to feature contenders on air. For example where the vote is done by telephony all numbers should be given equal prominence and promotion; if a vote is to be run across a series of programmes where the performance of contestants is judged, it may be appropriate to consider varying the order in which contestants perform from week to week to ensure no one is disadvantaged; it may be appropriate to inform the audience regularly of the numbers of all the contestants as well as giving out numbers individually.

In most circumstances in order to ensure that all contestants have a fair chance where telephone voting is used lines should be opened after all the contestants have been featured (e.g. in the case of a talent show this would be after they have all performed; in a series this may vary further into the run as the audiences begin to vote on the basis of cumulative performances as well as on a week by week basis).

Further advice may be needed from Editorial Policy.

7.2 Terms and Conditions for Contestants

Where appropriate, for example where winners stand to gain materially from the result, contenders should normally be given clear written guidance outlining the terms of the vote. Legal advice may be needed and contracts should be put in place with contenders. Contenders may be enthusiastic about the vote. It can help raise excitement around the vote if they garner support. However we need to ensure that this activity does not result in any unfairness and we need to give clear advice at the outset.

Further advice must be sought from Editorial Policy who may consult with ITACU Legal and Business Affairs, Business Affairs in the relevant divisions or Programme Legal Advice where relevant.

Contenders must be reminded that where appropriate there may be a process in place to detect deliberate attempts to manipulate the result and that the BBC reserves the right to discount such votes. They must be informed in writing that if there is evidence that they or anyone working on their behalf has attempted to deliberately manipulate the result this could lead to disqualification. In some cases formal briefings should be held to remind contenders of the rules of the contest. These briefings must be documented.

Contenders may wish to publicise the vote to gain support. However it is important that competitors are not disadvantaged because they cannot afford professional marketing help. They must be informed in writing that they should not engage in paid for marketing, to drum up support. For example they may not normally take out paid for advertising or promotions in support of their nomination. No BBC embargoed information should be released, such as the vote line numbers, before the BBC has released them.

Where the BBC is publicising the vote, great care should be taken to ensure we do not favour one nominee or contestant above another; all should be treated fairly.

8. Integrity of the vote

It is important to protect the integrity of the vote. We must ensure that the robustness of the voting mechanism and its administration matches the vote’s editorial significance.

8.1. Integrity of the vote when using telephony systems

We need to balance carefully the desire of some of our audiences to vote enthusiastically and the need to ensure that the end result is robust and a fair and genuine reflection of the opinion of those who voted.

Audiences may sometimes vote enthusiastically for example where the vote is in a popular entertainment show. However a deliberate and organised attempt to manipulate the result is clearly different from an individual eagerly registering their opinion several times in a show.

Our published terms and conditions should clearly state that the BBC has the right to disallow votes, if it detects deliberate attempts to manipulate the result. Legal advice should be sought from ITACU Legal and Business Affairs who may consult Programme Legal Advice.

We may need to consider measures, in some cases, to restrict the number of times people can vote, where this is editorially appropriate and technically possible, i.e. “vote capping”. ITACU will advise on the technical feasibility of such a proposal and additions to terms and conditions and on–air messaging (see also 4.8).

For Independent Productions, the contracts and the supplier to be used must be approved by ITACU Legal & Business Affairs well in advance to check that they conform to BBC standards.

8.2. Integrity of the vote when using online systems

Online voting can provide an effective method for large numbers of people to interact by registering their support for specific choices. But an online vote only represents a self selecting sample of people, it is representative of nothing more than those people who have chosen to respond and it should clearly be reported as such.

For guidance on online votes about a political or public policy issue, see Section 10 of the Editorial Guidelines: Politics, Public Policy and Polls.

(See Editorial Guidelines Section 10 Politics, Public Policy and Polls)

An Interactive Executive must be responsible for overseeing the running of every online vote. Any division or network may nominate one executive as the referral point for such queries.

It is worth remembering that while online voting is cheap for the user, it is also cheap for one malicious person to write and run a voting script with the intention of registering thousands of online votes surreptitiously in order to try to manipulate the result.

8.3 Robustness of the voting mechanism

We must ensure that the robustness of the online voting engine is sufficient to meet the editorial requirement whilst effectively mitigating the associated risks.

We need to make sure the vote engine is genuinely “fit for purpose”, can meet the editorial requirement and ensure the BBC brand is protected

Producers should work with the Interactive Technical Advice and Contracts Unit (ITACU) to ensure that an appropriate vote engine is selected. ITACU approval is required for all online voting and so should be the first port of call when looking to run one.

When looking to utilise vote engines which are external to the BBC, Editorial Policy and ITACU should be consulted immediately and the latter will conduct a formal review of the proposed technology. Information Security sign-off and Information Policy and Compliance sign off remain the responsibility of the editorial team.

8.4 Verifying voting patterns

We should ensure that we undertake additional checks where necessary. Some methods of manipulating online votes are not immediately obvious. For example, if a user succeeds in running a multiple voting script against a BBC vote, there may be no obvious visible ‘spike’. The script may register a vote once a minute, (24 hours a day, or intermittently), for as long as the vote is open. This means that unless the BBC actively checks the logs for suspicious patterns like this, we may not find the suspect votes.

8.5 Allowing enough time to collate results

We should allow enough time in the period between closing the online vote and announcing the result for the votes to arrive, be processed and checked.

Working out whether a block of votes breaks the rules and should be discounted can take time, skill and judgement. ITACU will build checks and balances into the technology to ensure that any attempts to manipulate the vote are detected. Any concerns regarding the robustness and validity of the vote will be immediately referred to Editorial Policy and the Programme Commissioner for review and to agree appropriate action to be taken.

Where an online vote is combined with a telephony vote ITACU must be consulted.

Publishing running totals during a vote

We should also consider very carefully indeed whether to announce running totals before the final verified result. In many cases, this will not be appropriate:

While displaying running totals can add excitement to the voting process, it can also alter the course of the vote dramatically. It can encourage users to try to manipulate or “game” the system, it gives malicious users live information on which competitors to target and it gives them instant feedback on whether their attempts to manipulate the vote have worked;
If we display live running results before freezing the vote for checking, anyone will be able to see if we then remove any votes as the totals will go down. We will then be under pressure to give a detailed explanation in every single case about why we have done this, which users may not readily accept as being fair. (But see section 15 for our duty to be transparent if the vote has to be postponed or set aside).

8.6 Editorial control over a vote

Output which relies on online voting should normally be based on a vote run or directly commissioned by the BBC.

This gives us editorial control over the robustness of the voting mechanism. Any proposal to base BBC output on an online vote which is not run or directly commissioned by the BBC, for example on a third party social networking site. Any proposals to carry out a BBC vote on a third party social networking site must be referred well in advance to Editorial Policy.

8.7 Information on voting systems

How to vote must be clear:

The rules themselves must be clear;
It must be clear to the first time user exactly how the online voting or rating mechanism works;
One way to make it harder for malicious users to manipulate or “game” our voting technology is to give those users as little feedback as possible about the effectiveness of their attacks. We should not normally let individual users know when their online votes have been discounted, disqualified or set aside (see also section 15 which outlines our duty to be transparent with audiences if things go wrong).

8.8 Votes which involve a substantial prize

We must take particular care about the robustness and integrity of online votes to win major or life-changing opportunities (for example in a talent show or competitive award) from the earliest stages, in order to protect the integrity of the votes or programmes around which they are built.

In addition we need to think carefully in advance about how users are likely to behave. For example, some people may find a strong incentive to cheat over an award worth a lot of money; others may be motivated to try to rig a vote to win a “money-can’t-buy” opportunity: a chance to win professional training or to perform in front of a huge audience and launch a new career.

8.9 360 Degree Commissioning

Where there is a 360 degree commissioning process:

We should make sure that the team responsible for the online vote talk in detail to the Audio or Vision production team about exactly what is needed;
The online team will need to know exactly what the editorial significance of the vote is so that they can make sure it is matched by the robustness of the online voting mechanism;
The online team will need to be very clear in return to the Audio or Vision production team about how much time, editorial, technical and other resource will be needed to deliver the vote. For example, we should routinely test the vote in advance of going live, for load and overall technical and editorial performance, wherever possible. This is essential where we are planning anything we haven’t done before.

Where there is no 360 degree commission, the same consultation process should happen from the earliest stages between the editorial and technical teams.

Great care must be taken at the outset to consider whether an online vote is really likely to generate a large enough number of votes to ensure that the result is robust. This is because a low number of votes make it much easier for a determined person to manipulate the result. Decisions by the BBC as to whether to exclude a small number of votes are also more likely to affect the overall result. Careful thought needs to be given to effective publicity and promotion to maximise the likely number of votes.

Careful monitoring must be put in place to track the progress of the vote. If there is too low a response rate to ensure that the result is robust, a decision must be taken by the senior editorial figure in charge of overseeing the vote as to whether to continue, in some circumstances the vote may need to be abandoned if it cannot be deemed to be a robust result. In such cases Editorial Policy should be informed.

If there are serious doubts as to whether an online method of voting is appropriate you may wish to consider whether using another method such as telephony could help address the issue.

9. Calculating the result

The public has a right to expect that their votes will count. Enough time must be allowed between the close of voting lines and the announcement of a result, to ensure that appropriate checks have been made and the votes have been counted, this is particularly important in live programming.

Any proposals for text votes must be referred to ITACU who will consult Editorial Policy.

If voting is allowed by text (SMS) it should be remembered that often it can take a considerable time for text (SMS) messages to be registered. In some live shows, depending on the format, voting by text (SMS) may not be appropriate at all.

In certain circumstances where the vote is for a very serious purpose, for example it presents a life changing opportunity and the result will have a major benefit to a third party or for high profile events we may consider adding an independent adjudicator to the process. For example we could use a suitable person such as an independent solicitor or accountant.

10. Pre-recorded and repeated Programmes

10.1 Pre-Recorded Programmes

If a vote is run during the course of a programme, the audience will normally presume that the programme is live. The inclusion of interactivity into a pre- recorded show can cause problems if not handled carefully. We must never knowingly mislead the audience.

Great care must be taken to ensure that it is appropriate to include a vote in a pre-recorded programme; that the vote mechanism is still valid and robust; and that particular care has been taken over scripting to avoid misleading the audience in any way. It will also be important to add extra explanatory information online with the terms and conditions.

If a programme has been pre-recorded, and a problem has been identified before transmission which renders the voting information inaccurate, then the programme should not be transmitted without appropriate changes. This may require reediting. The appropriate editorial figure responsible for overseeing the vote must be consulted.

10.2 Repeated Programmes

If a programme which includes a vote is to be repeated we must never mislead the audience into thinking they can vote when in fact they cannot. This is particularly important if the vote is via telephony. But whatever the method, people must not be misled.

In some cases programmes may need to be edited before repeating:

For television, we must totally obscure or remove voting details if they are on graphic in the original programme;
We should also use an announcement or add a graphic to inform viewers the vote is closed;
Where there are verbal announcements of voting details it will be necessary to edit or to have a strap running through that section of the programme to inform the audience the vote has closed;
For radio, appropriate edits must be made.

Under no circumstances should a programme be repeated where it is known that there were errors in the voting or audience information without appropriate changes. This also applies to On Demand services – see below.

10.3 On Demand services including BBC iPlayer

A short specially commissioned VT at the start of the show which will remind people that interactivity may no longer be open and direct them to the programme website for up to date information;
A strap with audience information;
The programme synopsis, which describes the programme content, must highlight that the programme includes interactivity and direct people to the website for information, where relevant.

In Radio, for services such as radio iPlayer), programme teams must liaise with the Audio and Music interactive teams to ensure that information in programmes which contain votes or competitions is amended accordingly.

11. Jointly run votes with third parties

Any proposal to run a jointly organised vote must be referred to Editorial Policy.

In certain cases we may decide to mount a vote in conjunction with an appropriate third party, such as an arts institution, publication or sporting body. The BBC must at all times be responsible editorially for the vote.

Normally we would not run votes in conjunction with a commercial organisation.

Whether the vote is to be run on or off air, we must ensure that the third party is a suitable partner and does not call into question the BBC’s editorial integrity, objectivity or independence.

(See BBC Editorial Guidelines Section 16 External Relationships and Financing)

Usually we would expect the voting to be directly managed by the BBC. In some cases it might be that the final result is a combination of votes that have been registered via the BBC and its partners. In such cases we must be entirely happy that the voting procedures put in place by partners meet BBC standards and the BBC should oversee the final result.

In some cases, for example the Brits, Bafta etc BBC audiences may have the opportunity to vote in a third party awards event; refer to Part B: BBC Detailed Guidance on Mounting and Running an Award. Editorial Policy should also be consulted.

12. Publicising BBC votes

Suitable third parties, such as BBC Worldwide magazines or other publications or suitable online sites may be used occasionally by the BBC to help publicise our votes. Magazines may include articles about our votes and voting forms; third party websites may link back to a BBC online vote.

However we should not refer to the third party on-air, and we should only give out on-air the BBC method of voting.

13. Votes in programmes aimed at or likely to involve children

Great care must be taken about any votes which are aimed at or are likely to attract children.

Any proposal to use Premium Rate telephony in a vote aimed at children must be referred to the relevant Controller in your division.

We do not use Premium Rate Telephony in votes in CBBC output.

14. If things go wrong

Refer up, as soon as possible if serious problems over the robustness of the voting system begin to develop. The appropriate editorial figure responsible for the programme which contains the vote must be informed, even if the problems have occurred in another media. For example, the vote may be run on several platforms and the problem may have occurred only online, however the television or radio executive must be made aware of this at the earliest opportunity.

The problems with the vote could have significant consequences for the programme. The appropriate editorial figure will need to decide what action may be needed on-air, whether further advice or further referrals upwards are needed, and what relevant audience information should be given out as soon as possible.

If the vote is online then the relevant Interactive executive must be informed.

In all cases it is vital that we do not inadvertently encourage people to keep entering when we know the vote may be compromised.

All measures possible must be taken to try to rectify the problem.

Do not announce or publish an incorrect result on-air, online or in any other media.

Instead explain to the audience that there has been a problem and the result will be announced at a later date. This must be done even if the whole programme or project has been developed or billed around the result of the vote.

BBC Press and Publicity should also be alerted.

The need for transparency is paramount. Audiences will value our openness. Online, we may wish to publish an explanation and an FAQ to give people more information about what has gone wrong and why.

15. Documentation and verification

15.1 Independent verification and adjudication

In the case of votes where the prize is of high value or importance, the programme associated with the vote is high profile and particularly where Premium Rate telephony has been used to decide the outcome, it may be appropriate to ensure that the result is overseen by an independent verifier. ITACU will advise on such matters and contract a verifier in such circumstances.

Appropriate records must be kept by the appropriate editorial figure responsible for overseeing the interactivity and also by service providers to demonstrate votes have been run fairly, appropriately, in accordance with the BBC Guidelines, the relevant sections of the Ofcom Code and the PhonepayPlus (ICSTIS) Code, and in accordance with the terms and conditions. ITACU will advise what documentation must be kept and will also act as a central repository for the information and data.

(itacu@bbc.co.uk)

Last updated July 2019

Guidance: Video and audio news releases

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Accuracy
See Editorial Guidelines Section 3 Accuracy: 3.3.14
Privacy
See Editorial Guidelines Section 7 Privacy
War, Terror and Emergencies
See Editorial Guidelines Section 11 War, Terror and Emergencies: 11.3.17

Guidance in full

What are Video and Audio News releases?

Video and Audio News Releases are a means by which official bodies, commercial companies, campaigning organisations and other groups, seek to gain exposure for activities or issues, by supplying broadcasters with ready-made programme content. They may take the form of a feature, interview material or pictures and may have been produced by the organisation itself, or by production companies acting on its behalf. They may be distributed directly to broadcasters, or the material may be put on video sharing or social media websites.

Using Video and Audio News Releases

We should be reluctant to use Video and Audio news releases or other material supplied by an outside organisation. This includes material from companies, emergency services, Government agencies, interest groups, campaigners, charities or other organisations seeking a platform. The fact that the organisation has a vested interest in the subject matter may give rise to concerns about the editorial integrity of the material and cause the audience to doubt the accuracy of the content. Whilst the organisation supplying the material may claim that it has been produced objectively, we cannot vouch for the circumstances in which it was gathered or the editorial standards applied.

We should normally only use extracts from such releases when the BBC is incapable of gathering the material itself and its use is justified by its editorial significance. The overall editorial value of any material must be considered, rather than simply its pictorial impact.

Any use of Video and Audio News Releases, or other material supplied by outside organisations, should be clearly labelled. We must state who supplied it and explain any relevant circumstances in which it was gathered.

The following advice also applies:

Where material is made available by the perpetrators of acts of terror, hijackings, kidnaps, hostage taking, sieges, bombings or other similar events, great care should be taken to consider the ethical, legal and harm and offence issues around the use of the material.
Video or Audio News Releases of news events or press conferences from which the BBC has been deliberately excluded should be used only in exceptional circumstances. The source of the material should be made clear, along with the fact that we were prevented from gathering the material ourselves.
The use of interview or soundbite material should normally be avoided; we cannot be sure of the circumstances in which the interview was carried out. If it is used, we should normally take steps to inform our audience of the source of the material. It may also be appropriate to explain why there is no BBC interview.

Privacy and Fairness issues

Material supplied by third parties may pose issues of privacy, as well as concerns about accuracy, anonymity, offence, defamation, contempt of court or data protection.

Consideration should be given to the privacy of individuals who may be featured in the material and whether the organisation supplying the content has obtained any necessary consent. For example, video from emergency services may raise issues of intrusion when victims or patients are depicted.

A News Release that tells a story about the organisation that provided it may give an unrealistic or overly favourable impression of that organisation. Such material should normally be used only to illustrate the way in which the organisation is promoting itself, rather than to tell the story itself.

Sequences including commentary or incidental music provided by the supplier of the material should be used only to show how the organisation promotes or portrays itself.
If a Video News Release is used to illustrate a more general story, shots selected should avoid promoting the supplier of the material or their products and services. Wherever possible, the news release should be used in conjunction with other illustrative material.
We should not accept any editorial restrictions placed by the supplier on the use of any Audio or Video News Release material. (See Editorial Policy Guidance Note: Links and Feeds)

Last updated July 2019

Guidance: Use of BBC News Brands by BBC Global News for Marketing Events

The purpose of this guidance note is to assist BBC Global News Ltd (“GNL”) in ensuring the reputation of BBC News is maintained where a BBC News brand (e.g. “BBC News”, “BBC World News”, “BBC.com/news”) is used in connection with marketing events. It applies to:

any event which includes use of a BBC News brand, and
any news or current affairs content within any other type of event.

Editorial Guidelines Issues

This guidance note relates to the following Editorial Guidelines:

Impartiality

See Editorial Guidelines Section 4 Impartiality 4.1:

See Editorial Guidelines Section 4 Impartiality 4.3.4 -4.3.7

Independence from External Interests

See Editorial Guidelines Section 14 Independence from External Interests 14.1:

Audiences everywhere must be able to trust the BBC. In order to achieve that, our impartiality, editorial integrity and independence must not be compromised by outside interests and arrangements. We must maintain independent editorial control over our content.

Conflicts of Interest

See Editorial Guidelines Section 15 Conflicts of Interest

External Relationships and Financing

See Editorial Guidelines Section 16 External Relationships and Financing 16.1:

In order not to bring the BBC into disrepute, external relationships and financing must not compromise the BBC’s impartiality, editorial integrity and independence and must be in line with the BBC’s values.

See Editorial Guidelines Section 16 External Relationships and Financing 16.3.1 – 16.3.6 and 16.3.57

Advertising and Sponsorship

See Advertising and Sponsorship Guidelines for BBC Commercial Services

Guidance in full

The Editorial Guidelines state that any proposal to use a BBC News brand for marketing purposes in connection with any Global News Ltd off-air sponsored event, or any third party event, must be approved by a senior editorial figure who will consider whether the proposal would compromise the BBC’s impartiality, editorial integrity or independence or otherwise bring the BBC into disrepute.

See Editorial Guidelines Section 16 External Relationships and Financing 16.3.57

Editorial Policy may be consulted at any stage of the event planning or production.

Principles

Marketing and off-air activities must not compromise the BBC’s impartiality, editorial integrity or independence. They:

must not promote or endorse an organisation, product, service or trademark,
must not bring the BBC into disrepute and
should meet consumer expectations of the BBC brand

A third party must not influence the content of any marketing or other off-air activities in such a way as to impair the responsibility and editorial independence of the BBC.

An event cannot be sponsored if the content it promotes cannot be sponsored.

GNL Events

The location of any marketing event must not compromise the impartiality or independence of the BBC. Consult a senior editorial figure before hosting an event at premises belonging to any government, for example an embassy or consulate. Where the event is staged to support sponsored editorial content it would not normally be appropriate to host an event at the sponsor’s premises.

Events to promote the overarching BBC News brand should not be sponsored.

Outside the UK it may be acceptable to take a sponsor for a non-editorial element, such as a drinks reception. The event must not be broadcast or published online and the sponsor should be appropriate, meeting the requirements in this guidance.

Any sponsor branding must be consistent with the BBC Masterbrand Guidelines and BBC World Service Group Brand Guidelines. Distinction must always be maintained at the event between the sponsor and GNL. For example, BBC staff should not be involved in sponsor activities, such as handing out sponsor-provided leaflets.

Sponsor activity at GNL events should be approved by GNL.

A sponsor representative can participate in a BBC event to support content they have sponsored, provided this does not distort the editorial content so that it becomes a vehicle for the purpose of promoting the sponsor or its interests. References to the sponsor’s products, services, trademarks or activities must not be promotional or unduly prominent.

For example, it would not be appropriate for the CEO of an energy company to participate in a debate on sustainable energy technology, but it may be possible for them to take part in a debate on diversity in the workplace provided their contribution was not promotional of their company or its products or services.

Third party events

Event Sponsorship

It is not normally appropriate for GNL to be the only sponsor of an event organised by or on behalf of a third party.

Sponsorship is not appropriate alongside sponsors that cannot advertise on commercial BBC News services.

Subject to the other provisions of this guidance, it would be acceptable for a commercial BBC News service, such as BBC World News, to be designated the only “media sponsor” amongst a group of multiple other sponsors.

Event Organiser

GNL should not have any marketing association with events to support organisations that cannot advertise on commercial BBC News services or could give rise to doubts about the impartiality, editorial integrity or independence of the BBC. It is not appropriate to have any marketing association with events to support political parties and political organisations.

It is not normally acceptable for GNL to have a marketing association with an event organised or funded by a single government or to jointly organise an event with one. A possible exception might be where an event was organised by a government funded tourism or trade board and the subject of the event is not predominately about the host country.

It could be acceptable to be involved with an international body that represents many governments, if the objectives of the body do not deal with current events and issues, including material dealing with political or industrial controversy or with current public policy.

It is not normally appropriate to be involved with a lobby or campaigning group.

To avoid any impression of endorsement GNL should not normally have a marketing association with events funded or organised by a single organisation (e.g. an airline or bank). (Event organisers are obviously not caught by this restriction.)

It may be acceptable for GNL to have a marketing association with events to support a trade body or a group of organisations with no corporate or organisational connection.

In order not to damage the BBC’s reputation for impartiality, it is not appropriate to have a marketing association with events to support a trade body or a group of organisations where the body represents or holds only one significant strand of opinion on an issue dealing with a matter of public policy or political or industrial controversy.

See Editorial Guidelines Section 4 Impartiality 4.3.4 -4.3.7

Type of Event

While controversial subjects or speakers do not rule out GNL involvement, GNL should be satisfied that a broad range of perspectives and opinions on controversial subjects will be covered or discussed.

It should be brought to the attention of the senior editorial figure where:

the event is organised by or for a government, or
the subject matter or identity of speakers at the event is controversial or could raise questions about the BBC’s impartiality, editorial integrity or independence.

Location

Third party events should not normally be held on BBC premises to avoid an impression of endorsement.

To protect the reputation of the UK Public Services, it is not normally appropriate to hold a third party event on BBC Public Service premises in the UK.

Credits and Use of BBC Logos

Market norms should be considered when deciding what credit is appropriate. For example, if all the other organisations will be named “sponsors”, the BBC should normally be called one too.

BBC logos should not be used in a way that implies endorsement of a third party, whether the logos are used at an event or in accompanying literature and publicity. The positioning of the logo should make it clear that GNL is associated with the event only.

The logo should not normally be used more prominently than those of other similar sponsors of the event.

Any use of a BBC logo by a third party must be consistent with the BBC World Service Group Brand Guidelines [BBC staff only] and subject to signature of a BBC logo licence.

Editorial Coverage

The BBC is free to cover third party events with which GNL has a marketing association, but there must not be any contractual obligation to provide editorial coverage for any third party events or organisations that GNL has a marketing association with. Editorial decisions should be made solely on editorial grounds by editorial teams.

Any advertising of or marketing for a third party event with which GNL has a marketing association should not reference any BBC editorial coverage of the event.

Content Sponsors’ Events

The BBC must maintain editorial responsibility for third party events or sections of events that are staged in support of or based around BBC editorial content.

The sponsor must not give the impression that they “own” the related BBC content; rather the context should be one of being associated with the content.

It is not normally appropriate for a sponsor’s event to take place on BBC premises.

Use of BBC News Talent

Where BBC News presenters or correspondents/reporters are being engaged independently (e.g. through their agent) of their existing commitments to the BBC they are subject to the Editorial Guidelines on Conflict of Interests and are responsible for obtaining approval for their involvement.

See Editorial Guidelines Section 15 Conflicts of Interest

In other circumstances (i.e. where their involvement is part of their contractual commitments to the BBC), GNL must ensure the senior editorial figure approves their participation, who will consider:

whether the subject matter or speakers would bring the BBC into disrepute or compromise the BBC’s impartiality, editorial integrity or independence;
whether the speakers represent a cross-section of strands of opinion; and
how many sessions the presenter would be involved in. The more presenter involvement with an event there is, the greater the risk of a perception that the BBC endorses an event or organisation.

Last updated July 2019

Guidance: Body-worn cameras (‘go-pros’) and microphones

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Privacy
See Editorial Guidelines Section 7: Privacy and Consent 7.3.1-7.3.6, Secret Recording 7.3.10-7.3.21, Tag Along Raids 7.3.40
Fairness to Contributors and Consent
See Editorial Guidelines Section 6 Fairness to Contributors and Consent: Right of Reply 6.3.38-6.3.41, Anonymity 6.3.26-6.3.31
Reporting Crime and Anti-Social Behaviour
See Editorial Guidelines Section 8 Reporting Crime and Anti-Social Behaviour: Investigations into Crime and Anti-Social Behaviour 8.3.39

Key Points

When body cameras such as “GoPros”, and/or microphones, are worn to gather material, anyone who might be recorded should normally be aware they are being used.
When gathering material for News, Current Affairs and Factual programmes the use of body worn cameras and microphones may not be apparent, so ways of alerting those who may be recorded should be considered.
If individuals are not aware they are being recorded by body worn cameras or microphones this amounts to secret recording.
Secret recording must have an editorial and public interest justification which warrants the breach of privacy. Appropriate approval for secret recording must be obtained in advance.
The Guidelines state that: Any proposal to equip third parties with body-worn cameras and microphones where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission must be referred in advance to Director Editorial Policy and Standards, who will consider: the public interest in the material gathered in this way; what measures have been taken to ensure that there is no unjustified infringement of privacy; whether there is adequate technical provision for ensuring that the recording equipment is under the BBC’s control.
(See Editorial Guidelines Section 7 Privacy: 7.3.24)
Great care should be taken over the use of body camera material and microphones and other material recorded on unobtrusive devices and supplied by third parties. There may be issues of privacy, accuracy, anonymity, offence, or legal issues such as defamation, contempt of court or data protection.

Introduction

Small body cameras like “GoPros” are a valuable addition to the programme makers’ tool kit. They enable the gathering of footage from places and in situations large cameras may not have access to. They are also very useful for providing additional angles and point of view perspectives. They can be particularly useful for programmes from all genres when attached to participants or presenters. Everyone taking part should be aware of the cameras and consent to their use. Most commonly the body worn camera is attached to the chest of the person wearing it. It can also be attached to head gear or worn as glasses. It captures action and events in the wearer’s field of view.

However, material gathered by body worn cameras may breach people’s privacy.

See Editorial Guidelines Section 7 Privacy

If they are being used and there is no opportunity to communicate their use, and there is no accompanying ‘traditional’ camera, an individual may not be aware that they are being filmed at all. Such filming would therefore be considered secret recording.

See Editorial Guidelines Section 7 Privacy: Secret Recording 7.3.10 – 7.3.21 and Guidance: Secret Recording

The following Guidance applies equally to other unobtrusive devices used for recording such as microphones and mobile phones.

Body Worn Cameras and Microphones Used By Production Teams

When making content that involves wearing body cameras it is important that those being filmed are made aware of it so that they can give their consent.

See Editorial Guidelines Section 6 Fairness to Contributors and Consent: Contributors and Informed Consent 6.3.1- 6.3.10

This can be achieved by putting up notices in the area or telling anyone present before filming commences that body cameras are being used. If prior notification is not going to be possible because of the nature of the recording, then secret recording approval must be obtained in advance. If it is clear that filming is taking place, for example where a main camera is also being used simultaneously, then secret recording approval is not required.

Third Parties Wearing Body Cameras and Microphones on the BBC’s Behalf

The Guidelines state that:

Any proposal to equip third parties with body-worn cameras and microphones where to do so might infringe the privacy of an individual or where the third party is entering private premises without permission must be referred in advance to Director Editorial Policy and Standards, who will consider: the public interest in the material gathered in this way; what measures have been taken to ensure that there is no unjustified infringement of privacy; whether there is adequate technical provision for ensuring that the recording equipment is under the BBC’s control.

(See Editorial Guidelines Section 7 Privacy: 7.3.24)

There may be occasions when for safety or operational reasons that it is appropriate to give third parties body cameras in order to gather content on the BBC’s behalf. This might apply for example to fire fighters or others carrying out dangerous work, or entering restricted areas. Subjects of observational documentaries, such as the police or paramedics, may be given body worn cameras to show their work from their point of view. There must be a public interest in material gathered in such circumstances and privacy and consent must be respected. Editorial Policy should be consulted at an early stage in the process, and before filming commences.

Tag-Along Raids

See Editorial Guidelines Section 7 Privacy: Tag-Along Raids 7.3.40

Any proposal, unusually, to equip third parties entering private premises without permission with body worn cameras and microphones must be referred to the Director of Editorial Policy and Standards in advance. Typically this includes the Police, Trading Standards officers, Immigration or Environmental Health Officers, and staff of HMRC. Normally such a proposal would be made in the context of a tag-along raid where the third party is accompanied by our own production staff carrying visible cameras, who announce themselves at the earliest opportunity to ensure people understand they are filming and recording for broadcast on the BBC. Normally individuals encountered on private premises in such circumstances have the right to refuse consent for filming.

If consent is given but any third parties wearing body cameras and microphones become separated from the main camera, there is a risk that the individual who has consented will not realise that other recordings are taking place elsewhere for which they have not consented. On separation, the body camera and microphone should be turned off immediately or the people on the premises should be informed that third parties are also recording on behalf of the BBC.

Normally the camera operator would leave immediately if consent is not given, unless there is a public interest justification to remain and continue filming.

See Editorial Guidelines Section 1 The BBC’s Editorial Standards The Public Interest 1.3

When the production team deems it necessary to withdraw with their main camera, the cameras and microphones worn by third parties should be switched off because the subject is entitled to believe that the withdrawal of the BBC means there is no further recording of them on their premises.

Secret filming during a tag along raid would not normally be justifiable.

Material from Third Party Body Cameras and Other Unobtrusive Devices

Many organisations such as the police use body worn cameras for their own evidence gathering purposes and may offer to supply their material for use by the BBC. When such material is used, it must be in the public interest and appropriately labelled.

See Editorial Guidelines Section 1 The BBC’s Editorial Standards The Public Interest 1.3

Other material recorded and offered by third parties may include CCTV or webcam footage, and footage recorded on mobile phones or other unobtrusive personal devices when the individuals filmed were not aware they were being recorded [1]. In such cases it is important to consider issues of privacy (including whether the material has been secretly recorded) as well as accuracy, anonymity, offence, and legal issues such as defamation, contempt of court or data protection. Special care should be taken over material supplied by lobby groups or organizations with a vested interest in a story [2]. Such material should normally be labelled.

Ownership of Material

Provided we are producing and directing the use of the body camera and we are responsible for arranging the recording, we will normally be the owners of the copyright in the footage. In exceptional circumstances, however, there is a risk that third parties may claim they own copyright in body camera footage. If a third party may be involved in producing or directing any filming with body cameras seek advice from the Intellectual Property Legal Department.

[1] See Privacy 7.3.21 Secret Recordings from Outside Sources, Privacy 7.3.27 CCTV, Third Party Webcams and Other Material from Outside Sources

[2] See Accuracy 3.3.5 Material from Third Parties

Last updated July 2019

Guidance: Charitable Appeals

Editorial Guidelines issues

This Guidance Note relates to the following Editorial Guidelines:

Independence from External Interests
See Editorial Guidelines Section 14 Independence from External Interests
External Relationships and Financing
See Editorial Guidelines Section 16 External Relationships and Financing

Guidance in full

1. Broadcast Appeals

Since the 1920s and at the instigation of Lord Reith, the BBC has been offering charities the opportunity to broadcast appeals using BBC airtime.

These now take the form of the Radio 4 Appeal which is weekly and the BBC One Lifeline Appeal which is monthly.

There is an online application process with 4 open rounds each year. All applicants have to demonstrate UK or international scope and/or significance and provide information about their finances and governance. They must be able to explain how they will use the airtime, within the BBC Editorial Guidelines in particular on impartiality, to explain their work.

All applications are sent for independent assessment and then also reviewed and recommended by the members of the BBC’s Appeals Advisory Committee.

Charities that are selected for broadcast appeals attend a BBC briefing and work with BBC producers to deliver the appeal. They are required to submit feedback forms and impact stories following the broadcast.

Charities that have a successful appeal are eligible to reapply after 3 years. Charities making an unsuccessful application may reapply after 2 years.

It may be helpful to point charities to these broadcast appeals if asked how the BBC supports charities. It is also useful to explain that BBC Children in Need and Comic Relief are both ‘grant givers’ and that by supporting them the BBC audiences are in effect giving to a large number of charities with a wide geographical spread.

More information about the application process is available from the BBC Charity Appeals Unit; the Charity Appeals Adviser for the Unit Emma Kingsley (emma.kingsley@bbc.co.uk) or via the Charity Appeals page.

In addition BBC local Radio stations and BBC Regions may wish to mount a specific BBC charity appeals for a project within their local area. All such proposals will need approval from Directors Scotland, Wales, Northern Ireland and England and the BBC Appeals Advisory Committee, for contacts see above.

Editorial Policy advice for those producing the broadcast content of the appeals on may be obtained from Senior Adviser, Editorial Policy, for contacts see the listed end of this guidance note.

2. Disaster Emergency Committee Appeals

The Disasters Emergency Committee or DEC is a membership organisation which represents 14 of the UK’s humanitarian agencies.

The relationship between the BBC and the DEC goes back over 50 years and there is an Memorandum of Understanding between the two organisations which sets out the 3 criteria for the BBC to launch on all its platforms, on behalf of the DEC, a disaster emergency appeal.

Criteria

The disaster must be on such a scale and of such urgency as to call for swift international humanitarian assistance.
The DEC agencies, or some of them, must be in a position to provide effective and swift humanitarian assistance at a scale to justify a national appeal.
There must be reasonable grounds for concluding that a public appeal would be successful, either because of evidence of existing public sympathy for the humanitarian situation or because there is a compelling case indicating the likelihood of significant public support should an appeal be launched.

When the DEC considers there is an emergency disaster that meets these criteria they will put a request to the BBC via the Charity Appeals Adviser. The ultimate decision for the BBC to run one of these appeals lies with the Director General in consultation with other members of the BBC Executive Committee. Once an appeal request has been granted, the Charity Appeals Adviser will liaise with the radio, television and digital teams who make the appeal and ensure it is distributed to all the various BBC networks. The appeal is made by BBC teams conforming to all BBC Editorial Guidelines and Editorial Policy advice will be given on the content (see contacts at the end of this guidance note).

NB charities which are members of the DEC are not eligible for the BBC broadcast appeals ie the Radio 4 and BBC One Lifeline appeals.

3. Cross-BBC Charity Fundraising Initiatives

i) Background

The BBC has a tradition of mounting major pan-BBC charity fundraising initiatives such as BBC Children in Need, Red Nose Day (for Comic Relief), Sport Relief.

BBC Children in Need are BBC charities and bear the BBC brand. Comic Relief is not a BBC charity and unlike BBC Children in Need does not bear the BBC brand. It has been a major partner of the BBC for more than 20 years and together with the BBC has developed the Red Nose Day and Sport Relief appeals. The BBC maintains editorial control over all on air and BBC on line activities in relation to Comic Relief.

BBC Children in Need, and Comic Relief do not themselves run projects, but are charities which distribute money to a range of projects run by a range of charities, not for profit organisations and community groups. Therefore in raising money to be distributed by BBC Children Need, or Comic Relief the BBC is not seen to be endorsing one particular project or one particular charitable cause.

These cross-BBC appeals are reflected across the range of BBC services and in all media. A key aim is to get the public involved across the nations to undertake activities to support the appeal. The initiatives are mounted on a major scale.

BBC charity appeal fundraising programming should normally fit within an agreed on-air “appeal window”. This usually begins about 2 months before the main Appeal Night and around 1-2 months after. Any other charity related BBC programming outside the window must be discussed with Editorial Policy and the BBC Charity Appeals Adviser.

Typically the initiative culminates in a major appeal day on radio and night on TV, where donations are pledged by the public and the results of their fundraising are reported.

In the build up to the main appeal night, the BBC broadcasts specially commissioned programmes or special strands within existing programmes to raise awareness of the appeal and to build audiences for the main telethon and radio activity . The programming may be across the whole range of BBC outlets including network television and radio, regional television, local radio and BBC websites and social media.

In addition, the public is given information about BBC-wide charitable appeals so they can find out how to get involved, raise money and generally support the charities and obtain fundraising materials and merchandise.

For each appeal a key executive figure or one for each relevant division of the BBC is usually agreed by the BBC who is responsible for liaison between the BBC and the charity and to whom referral must be made as outlined in this Guidance. This liaison figure(s) will ensure that all proposed fundraising activities and related programming fits with the values of the charity as well as according to BBC principles and standards.

ii) Maintaining Impartiality

The BBC may reflect the work of these charities and any areas of their work that are being highlighted during a particular year’s appeal for funds. For example, Comic Relief may wish to focus one year on projects which tackle the spread of malaria or BBC Children in Need may choose to highlight projects which tackle bullying. However, the BBC must not allow its programming to be used as a vehicle for political campaigning or lobbying. Very careful editorial decisions may have to be taken to ensure that this line is not crossed. Editorial Policy Senior Adviser must be consulted at as early a stage as possible.

The use of politicians should be handled with great care. Politicians should not be allowed to use their inclusion in BBC charity programming or related on-air activities to promote specific public policy or party political measures or initiatives. Any proposals to involve any politicians in particular party leaders on air must be referred in advance to the Chief Adviser Politics.

iii) Fundraising merchandise and other corporate support for the charity appeal

For many years corporate and non-corporate supporters have helped Children in Need and Comic Relief. These supporters, via their customers and staff, make a significant contribution mainly through selling special fundraising merchandise and providing a focus for staff and public fundraising.

Much of this special merchandise is in the form of official charity products, which have been specifically produced for the appeal and are unique to the charity and sold by specific retailers who have agreed to help fundraise. For example Sainsbury’s and Oxfam sell the Comic Relief Red Nose. Asda and Boots and other retailers sell Pudsey bears and other BBC Children in Need goods such as pens, Pudsey branded clothing and Christmas cards.

In other cases charity supporters may produce special versions of existing products with a percentage being donated to the charity during the appeal period, for example a special flavour of a confectionary product.

In addition, special records are often released, which raise money for the charity. Such releases may be mentioned on-air where editorially appropriate

Corporate support for cross BBC charitable appeals may also be in the form of considerable technical assistance to the charities, for example technology companies may provide major technical support and services on the main appeal nights. In such cases the technical support is offered to the charity and not the BBC and is not part of the BBC television production cost. There is no contractual relationship between the BBC and such technical supporters. The technical assistance offered to the charities enables them to set up, run and operate telephony and online donation mechanisms on the appeal night and in some cases across the year.

iv) Planning a cross BBC fundraising initiative:

All proposals for cross-BBC charitable appeals must be discussed with Senior Adviser, Editorial Policy at a very early stage to ensure that the appeal is appropriate, is in accordance with all relevant guidance and regulation and does not undermine the BBC’s impartiality or integrity.

Any new fundraising mechanism must also be discussed well in advance with ITACU and Editorial Policy.

The BBC Charity Appeals Unit Adviser should also be informed of overall plans.

Any proposal for a BBC programme or website to undertake fundraising activity for a cross BBC charitable appeal must also be discussed with the relevant Executive responsible for liaison with the charity to ensure that the activity is suitable and fits with both the BBC and the charity’s objectives.

Any fundraising merchandise related to a BBC charity must be appropriate and not bring the BBC into disrepute.

Comic Relief is not a BBC charity however any merchandise which is to be trailed on-air must be discussed with the BBC at an early stage to ensure it is suitable for on-air trailing.

v) Information Trails:

Near the beginning of the appeal window Network television and radio will often run on-air trails to inform the audience of ways in which they can get involved in supporting the appeal and raising money.

These trails will typically give information about how viewers and listeners may obtain a fundraising pack and digital assets about how they can get involved with the initiative and raise money in a variety of ways. In addition, the trails may include information about how the public can obtain special official charity merchandise such as Pudsey bears and red noses. All such trails must be referred well in advance to Editorial Policy and BBC Marketing for approval to ensure they do not contain undue prominence for commercial outlets and products and to ensure that they meet BBC guidelines. The trailing strategy on network, national and local radio channels where there may be no built trail slots must also be approved by the relevant Controller in consultation with Editorial Policy.

For all trails the following will apply:

The frequency and content of television and radio trails and online marketing must be discussed with Editorial Policy to ensure no undue prominence for retailers.
We will only trail a limited agreed amount of official charity fundraising products which have been specially commissioned by the charity and approved for trailing by the BBC Editorial Policy; such as special T-shirts, Pudsey bears etc.
We will not trail on air other pre-existing products which were not specially commissioned for charity but which are giving a set percentage to the charity during the appeal period e.g. a special flavour of confectionery.

References to where charity merchandise may be purchased must be factual and non-promotional.

Commercial logos may not be used.
No element of commercial advertising or marketing may be reflected in BBC trails.
Care must be taken to ensure there is a range of outlets, and where possible ways to obtain official fundraising merchandise via the BBC.

There should be only one verbal and/or one visual reference per trail to outlets where merchandise may be obtained.

Any use of telephone numbers in trails must be referred to ITACU who will advise on any technical issue and wording in consultation with the charities (see also Interactivity below).

Vi) Interactivity:

The BBC has set up a specialist unit to provide advice on all technical aspects of running a competition, vote or any other uses of Telephony. The Interactive Technical Advice and Contracts Unit (ITACU) oversees the delivery, management and contracting of all BBC’s Premium Rate Telephony and other telephony relating to voting and competitions for all programmes, and charity events both independent and in-house, across all divisions and output.

Cross BBC charitable initiatives involve fundraising via telephony, online, red button, post and text donations. As appropriate, ITACU will work with the charity, Senior Adviser Editorial Policy and the Executive in charge of liaison with the charity, to ensure that all such uses are approved in line with regulation in terms of technical and legal issues. ITACU must be consulted at the earliest possible opportunity

In addition:

All uses of interactivity must conform to the BBC ‘s Code of Conduct: competitions and voting and the BBC interactivity detailed guidance and approval forms

Any proposals to raise funds (by telephony or other means) off the back of BBC programming must be referred at a very early stage to Senior Adviser Editorial Policy, the Executive responsible for liaison with the charity, and ITACU.

With high level approval, Premium Rate Telephony may be used to raise funds for these BBC charitable appeals. Premium Rate telephony may only be used for a competition vote or other fundraising mechanism which is directly related to the charitable appeal. Such uses of Premium Rate Telephony may only be carried out with detailed advice from Editorial Policy and ITACU. Any proposal must be signed off by the Divisional Director and referred to Editorial Policy well in advance.

Fundraising interactivity should be carried out within the agreed fundraising “window” for the charity. Any proposals to carry out fundraising interactivity outside this window must be referred to Editorial Policy at a very early stage. Charity Appeals Adviser responsible for liaison with the BBC Appeals Committee must also be informed.

All proposals must conform to the BBC Interactivity guidance.

We do not use premium lines to raise money for charity in BBC children’s programming.

Interactive activities may include:

– charity auctions such as the Radio 2 BBC Children in Need Auction

– special expeditions or sporting challenges undertaken by celebrities and those who have been helped by the charities, such as the where the audience will pledge support by giving donations on line or via Premium Rate telephony.

– carefully considered fundraising competitions and votes and prize draws using premium rate text or telephony.

Specially commissioned “Feeder shows” may be produced which are designed to fundraise and/or build interest in the appeal before the main night. These shows usually run as a series in the weeks leading up to the main appeal night or stripped across the week before. They are often entertainment and factual entertainment shows specifically commissioned with a specific fundraising mechanic such as a vote and /or containing appeal films with a donation number call to action. The editorial connection or link to the charitable appeal must be made clear to the audience and the BBC Executive in charge of the production must retain editorial control of all content including any material relating to the charity.

vii) Other charity-related programming

We may broadcast special factual programmes, dramas, comedies or other programmes including social media and iPlayer content in the run up to the appeal night to showcase the work of the charity, reflect the effect of donations from the previous appeal and highlight specific themes of that year, such as mental health and domestic violence. However, care must be taken to ensure that the BBC programming does not appear to campaign or lobby on any political issues or matters of public policy.

Particular care has to be taken when any drama, comedy, factual or other programme highlights matters of public policy. Programmes may consider or reflect issues such as poverty, social equality, environmental concerns and other major issues. However, it is essential when highlighting these areas that the BBC does not appear to be advocating any political solution or actively encouraging any public campaign or lobby.

The BBC should ensure the work of the charity and any projects they support is accurately reflected. The BBC must ensure that it maintains editorial control over all such programming.

The link with the charity appeal must be made clear on air immediately before the programme, or clearly within the programme. Early discussions should be held with Senior Adviser Editorial Policy and the Executive responsible for liaison with the charity to ensure the suitability and editorial fit of such programming.

With the agreement of Editorial Policy and ITACU, it may be appropriate to give information during or at the end of the programme about how to donate to the charitable appeal.

viii) The Main Appeal Night of TV

Cross-BBC charity fundraising initiatives typically have a central on-air Appeal Night in the form of a telethon. The emphasis of the night is audience donations which are solicited through a range of donation mechanics, including telephone, post, online, red button and text.

For BBC Children in Need, Comic Relief and Sport Relief the main programme typically consists of suitably themed entertainment; appeal films which show how monies raised in previous appeals have been spent; where monies being raised in the current appeal will be spent and OB inserts from around the country. Throughout the evening the audience is regularly informed of the total and the different ways in which people have donated and raised money in the run-up to the appeal.

The following relates to the Main Appeal Night itself:

The broadcast must be editorially overseen by a BBC Editorial Executive who takes overall editorial control of the live output.

In particular, Appeal Night programming is often broadcast on several BBC channels and lasts for many hours. Children may fundraise and be encouraged to be involved in fundraising activities and may stay up late to watch the programme. The use of pop stars, comedians, celebrities and special items from very popular BBC programmes such as “Strictly Come Dancing” also gives the show a very broad appeal to a family audience. Content broadcast up to 10pm must be broadly suitable for a family audience. When considering the tone and scheduling of items “on the night” care should be taken to ensure that audience expectations are met.

Any proposals for on-air fundraising auctions, competitions, challenges, votes or other such activity on the night must in the first instance be referred to the Executive responsible for liaison with the charity and then to Senior Adviser Editorial Policy and ITACU (see also interactivity above).

All fundraising promoted on the Appeal Night must comply with the BBC Interactivity Guidance and Approval forms [insert link to relevant sections] and relevant external regulation. On-air promotions for the donation line must be under the BBC’s editorial control. Advice must be sought at an early stage from ITACU who will be in close liaison with the charity. In the event of any technical problems with the donation mechanisms on the night, the agreed contingency plans will be adopted. ITACU and the charity liaison Executive will consult the Executive editor of the programme and the charity to ensure the audience is kept appropriately informed.

The Appeal night may highlight specific issues such as malaria or poverty, where the charity is focussing on specific themes that year. However great care must be taken to ensure that the BBC does not appear to campaign or lobby on any matters of controversial public policy

The use of politicians should be treated with care and proposals to interview or involve any party leaders on-air must be referred to the Chief Adviser Politics at an early stage.

ix) Appeal Films

Care must be taken with the content, tone and scheduling of appeal films. These films inform the public of the work of the charity and of individual stories and projects. They aim to encourage viewers to donate. As such they will often be of a sensitive and sometimes quite hard hitting nature and very careful editorial decisions need to be taken

The BBC must retain editorial control over all appeal films it broadcasts and the BBC Executive Editor and BBC Commissioner responsible for the live transmission of the appeal night will have final editorial sign-off and ensure the films comply with BBC Editorial Guidelines. Particular attention must be paid to issues of harm and offence, impartiality, consent, depiction of children and vulnerable people, accuracy and re-use of material. Chief Adviser and/or Senior Adviser Editorial Policy should also be consulted about the content and scheduling of the films and also their use in programming in the run up to the Main Appeal night

In some cases it may be useful to consider whether there should be different versions of the same film so that we can ensure scheduling is appropriate to the audience throughout the evening

In addition the charities must be involved and consulted about the content of the appeal films to ensure that they are appropriate in tone and content and accurately and appropriately reflect the work of the charity and projects which are appealing for or have previously received funding

Any significant changes on the night about the placing of films which pose difficult issues or any other significant editorial issue will normally be discussed with Editorial Policy

The BBC also broadcasts appeal radio packages on network, national, regional and local radio. The Executive responsible for charity liaison and Editorial Policy must be consulted about these

x) Saying “Thank You“ on the night

The Main Appeal night programme will reflect the enormous range of fundraising activity throughout the country and the myriad of fundraising initiatives. We may thank members of the public and highlight the fundraising efforts of individuals, communities, organisations, companies their customers and their staff that have raised money and helped support the charity appeal.

These acknowledgements should highlight the range of ways in which people have raised money from a whole raft of activities from “bring and buy” sales and community initiatives, to buying Pudsey bears, red noses or other charity related merchandise. The money raised in this way is added to the “totaliser” on the night in a clear and transparent manner.

These “thank yous” may come in the form of special inserts from around the country showcasing the work of communities and individuals, cheque presentations on location and in the studio, crawling astons , announcements from presenters and short films reflecting significant fundraising efforts. The editorial purpose of such reflections should be to thank the public and to inspire viewers to donate and to continue with fundraising activities.

The following principles must be applied:

Commercial organisations via their customers and staff may support the charitable appeal in a variety of ways. This support is reflected on the night. Examples of support which may be acknowledged include selling charity fundraising merchandise, and special packs of merchandise with a percentage being donated to the charity during the appeal period; providing marketing support to help promote the campaign; providing technical support to help run the donation services, for example the mobile network operators who have waived their profits to facilitate donations via text messaging.

Whilst crediting fairly the role of supporters we must ensure that there is no undue prominence for commercial supporters or their products in line with the BBC Editorial Guidelines. All such proposed reflections must be referred by the Executive Producer of the Appeal night well in advance to Editorial Policy, who will advise on the suitability of acknowledgements for corporate supporters

Commercial logos should not be used in graphics except:

– Where we need to give information about “how and where to donate” when the use of the logos of banks, credit/debit cards etc on a graphic will be the simplest and clearest way of conveying information

– Where we are acknowledging the help of a variety of technical supporters, when the most non promotional way might be to group them together on a still

Any use of commercial logos in graphics must be approved by Editorial Policy

There can be no contractual commitments between the BBC and charity supporters

There will normally be only one scheduled “thank you” for any corporate supporter. Any exception must be for strong editorial reasons and referred in advance to Chief Adviser Editorial Policy.

Typically for BBC Children in Need, community groups, schools, individuals and corporate supporters may wish to present the sum raised for the charity by their fundraising efforts and other donations with a cheque presentation on the night. Care should be taken to ensure that such presentations are appropriate and non-promotional.

xi) Films

In some cases significant fundraising efforts of the public, voluntary and community groups, charity partners or corporate supporters may be reflected in short VT packages. Usually these short films should be no longer than 3 minutes and are usually shorter.

Films reflecting the work of the public, voluntary and community groups may be played several times during the night.

Films reflecting the work of corporate supporters must abide by the following:

– They must focus on thanking the customers who have brought the merchandise or the staff who have sold it or undertaken other fundraising activities.

– They must not be unduly promotional for the organisation itself.

– Great care must be taken over any reflections of signage.

– Corporate or brand logos may not be used in graphics in studios or in the films.

– Any film relating to a corporate supporter may run only once in the Appeal Night.

The BBC Editorial Executive who takes overall editorial control of the live output must approve all such VTs in consultation with Editorial Policy.

xii) Totaliser

The audience may be informed throughout the appeal night of the total monies raised. Totals given must be as accurate and as timely as possible and must not mislead the audience about the volume of donations coming in. Additional sums are added as they are announced on-air, for example: – the total from the Radio 2 auction or a Radio 1 challenge; as are any significant fundraising from staff and customers of corporate supporters; the amount of charity merchandising sold by a particular retailer.

Money received or pledged through call centres is added to the total in “bundles” as it is notified to the national totals team. The staff monitoring the totals in the studio should do appropriate checks on how totals have been calculated. Any unexpectedly large donations are verified at a high level.

The BBC Editorial Executive who takes overall editorial control of the live output must approve on air updates in consultation with the appropriate representative from the Charity on the night. If there are any issues with the donation mechanisms for example severe congestion on phone lines then appropriate on air announcements should be considered and given where helpful. ITACU and Editorial Policy may be consulted.

xiii) Events run by Comic Relief:

Comic Relief is not a BBC charity. It will organise and set up its own events and challenges. These events may be designed to raise the profile of the appeal, showcase the work of the charity and highlight projects for which money is being raised.

During the main appeal period Comic Relief may mount special challenges and events to raise money. Such events have included celebrity endurance feats such as those undertaken by David Walliams; celebrity challenges such as the Kilimanjaro climb and the now well established Sport Relief Mile. In 2008 some 400,000 people across the UK took part in the Sport Relief Mile and raised millions of pounds for the appeal.

These are Comic Relief events, not BBC events. It would be very difficult to justify using the licence fee to pay for the organisation and administration of such events. Comic Relief undertakes the task of mounting events such as the Sport Relief runs all over the country with the help of a range of supporters.

Any proposals for the BBC to cover such events must be referred to Editorial Policy at the earliest stage.

If these third party events are sponsored or have corporate supporters BBC coverage of the event will not include the sponsor in the title of the BBC programming.
Any proposals to reflect on air the enabling role of the sponsor or other supporters of the event must referred to Editorial Policy and must be in accordance with BBC Editorial Guidelines.
In line with the BBC Editorial Guidelines on coverage of third party events, “we aim to credit fairly the enabling role of sponsors”, but care must be taken to ensure that there is no undue prominence for sponsors.
Any credits should be fair without being unduly promotional.
BBC coverage should make it clear to the audience that it is a Comic Relief event and that the event is not run by the BBC.
The BBC will not enter into any contractual arrangements with sponsors of the Comic Relief events.
The BBC will receive no money from the event sponsors or supporters.
Any on air fundraising connected with the events – such as text donations or support – must be approved by Editorial Policy and ITACU and must be appropriate for the target audience.

Contacts

BBC Appeals Committee, Charity Appeals Adviser Emma Kingsley emma.kingsley@bbc.co.uk

Key Editorial Policy Contacts :

1) For Cross-BBC Appeals and for Editorial Policy advice on proposals for new initiatives, fundraising mechanics and the editorial content of Broadcast Appeals such as Lifeline appeals: Natalie Christian natalie.christian@bbc.co.uk

2) For BBC Media Action: Cathy Derrick cathy.derrick@bbc.co.uk

3) For English Region Appeals: Debbie Senior Debbie.senior@bbc.co.uk

Last updated September 2021

Guidance: Interacting with children and young people online

Editorial Policy issues

This guidance note relates to the following Editorial Guidelines:

Children and Young People as Contributors
See Editorial Guidelines Section 9: Children and Young People as Contributors

Harm and Offence
See Editorial Guidelines Section 5: Harm and Offence

Privacy
See Editorial Guidelines Section 7 Privacy
Competitions, Votes and Interactivity
See Editorial Guidelines Section 17 Competitions, Votes and Interactivity

See also the Guidance Note on Working with Children and Young People as Contributors, which covers working face to face with children but does not deal with online issues.

Key points

Any online safeguarding concerns, whether related to online grooming or child abuse images, must be referred to the Head of Safeguarding, Policy and Compliance [1] immediately.
In the course of our work if we suspect a person under 18 may be at risk, or we are alerted to a child welfare issue, the situation must be referred promptly to the divisional Working with Children Adviser [2] or, for independent production companies, to the commissioning editor. If we are concerned about an adult, including a member of staff, working with a child the situation must be referred promptly to the BBC Safeguarding Lead [3] or Head of Investigations [4] or, for independent production companies, to the commissioning editor.
If a child is in immediate danger or requires medical attention dial emergency services, (999 in the UK), and ask for the appropriate emergency service. The BBC Safeguarding Lead or, for independent production companies, the commissioning editor should be informed urgently.
We should apply the principles of the BBC Child Protection Policy in our dealings with children and young people. [5]
Where a content producer is alerted to a serious case of cyberbullying, they should refer the case to the Head of Safeguarding, Policy and Compliance [6] immediately.
If you find that child sexual abuse images or video have been sent by whatever means to a BBC electronic space, you should contact the Head of Safeguarding, Policy and Compliance [7] immediately.
If you find that material which is criminally obscene or incitement to racial hatred have been sent by whatever means to a BBC electronic space, you should contact the BBC Investigations Service [8].
People who moderate or host should be properly recruited, trained and supervised and have the appropriate formal checks
We should be very careful about how much personal information we collect from children and particularly careful about how much we reveal about them on any BBC site
When we ask children for personal information or user contributions, we should consider what degree of parental consent is appropriate
Messages and other user contributions on children’s sites will normally be checked by a moderator before publication.

Guidance in full

Introduction
Part 1: Online Child Safety
- – BBC Child Protection Policy
- – Suspected “grooming”
- – Cyber-bullying
- – Reporting child sexual abuse images
- – Moderators, Hosts and Statutory Checks
Part 2: Risk, Privacy and Consent
- – Personal Information
- – Parental Consent
Part 3: Content
- – Moderation
- – Search
- – Links

Introduction

The Editorial Guidelines state that we must safeguard the welfare of children and young people who contribute to our content. We must take due care over their physical and emotional welfare – their welfare must take priority over any editorial requirement.

(See Editorial Guidelines Section 9: Children and Young People as Contributors: Introduction 9.1)

We should take care to mitigate risk around content, contact and conduct when running interactive online spaces designed to appeal to children

Some risks to children online are either different or manifest themselves in different ways and there may be different ways of reducing risk or responding to reports of inappropriate or illegal conduct or contact e.g. when reporting suspected online “grooming“.

This Guidance Note is designed to give advice to content producers who work with children and young people online. It deals with safety, privacy, consent, conduct and content issues including user contributions. It should also be useful for content producers who don’t deal regularly with children and young people online, helping them to identify where prompt action is necessary.

Part 1: Online Child Safety

Suspected “grooming”

“Grooming” is a process used by a person who intends to abuse a child. It is about preparing the child for later abuse. Some child abusers use social media and live streaming to find and meet children. Abusers often use sophisticated methods to gain a child’s trust and lure them into a world of secrecy, typically seeking to isolate them from sources of support such as friends, family or parents. The result of this “grooming” process is that children can feel personally responsible for the communication and the abuse that has taken place. Children often find it very difficult to ask for help or to tell anyone what is happening to them.

Some children may not be aware that they are being “groomed”. Others may raise an issue in an oblique or tentative way which may make it hard for a non expert to identify. While we should not exaggerate the frequency of “grooming” behaviour, the key is to refer any incident of suspected “grooming” promptly to the Head of Safeguarding, Policy and Compliance [9]immediately who will be responsible for reporting it to the appropriate authorities. This team works to an escalation protocol for suspected “grooming”, and other serious online risks to children, which has been agreed with the Child Exploitation and Online Protection Centre (“CEOP”) and the NSPCC.

When a content producer refers a report of suspected grooming on to Head of Safeguarding, Policy and Compliance [10] they should also tell their divisional Working with Children Adviser [11]. If the Child Exploitation and Online Protection Centre or any other legitimate authority then ask for more personal information, the request should be referred to Programme Legal Advice and to Editorial Policy before responding.

It should also be possible for users of the BBC site to report suspected grooming incidents directly to CEOP.

Cyber Bullying

Bullying is the most common form of behaviour that children and young people complain about online.

Cyber bullying is much harder to get away from as it follows children everywhere into their personal online spaces. Cyberbullies spread their messages instantly to a very wide audience and they can often do this without identifying themselves.

Pre-moderation of BBC spaces designed for children will help protect our users from cyber bullying which is in breach of the House Rules and can usually be dealt with and escalated in the normal way.

But where a content producer is alerted to a serious case of cyber bullying, for example where the bullies set up a hate site (which may not be on BBC Online) to victimise a named individual, they should refer the case promptly to the Head of Safeguarding, Policy and Compliance [12]immediately who will report it to the appropriate authorities. They should also tell their the divisional Working with Children Adviser [13].

Reporting child sexual abuse images

If a BBC person finds that a child sexual abuse images or video have been uploaded or emailed or otherwise sent by a member of the public to a BBC electronic space, they should contact the Head of Safeguarding, Policy and Compliance [14] immediately who will be responsible for reporting it to the Child Exploitation and Online Protection Centre.

The BBC person should not delete the material, save it to a shared space or forward it onwards until advised to do so by the relevant agency. They should tell their nominated Child Protection Policy Manager.

If a BBC person finds such material on a non BBC space, they should report it direct to the Internet Watch Foundation [15]. They should not delete the material or save it to a shared space. Staff should also alert their manager to the incident.

The Internet Watch Foundation operates a hotline reporting system for anyone to report child sexual abuse images hosted anywhere in the world.

Moderators, Hosts and Statutory Checks

All chatrooms and message boards on BBC platforms that are designed for children under 13 must be pre-moderated.

Moderators, whether in house or employed by an external commercial company, must be appropriately vetted through the Government’s Disclosure and Barring Service, which requires anyone coming into regular contact with children under 18 to be checked. Similar processes apply in Scotland and Northern Ireland.

Information Rights can offer more advice.

Part 2: Risk, Privacy and Consent

Personal information

We should be very careful about how much personal information we collect from children, taking advice where necessary from the Information Rights team. We should also be particularly careful about how much we reveal about them on any BBC site. When we publish personal information about children online, we should select information which is editorially necessary. We should be very sensitive to concerns that publication of too much information could put a child, particularly a younger one, at risk. Combinations of written and visual information are a particularly sensitive area. Editorial Policy can advise about what information it might be suitable to reveal:

where we invite children to send us information about themselves, for example a name and email address to enter a competition, we should explain why we need it in language which children can understand.
it is particularly important that younger children should not get into the habit of easily revealing particularly sensitive personal details about themselves or their family on the Internet.
any information children send to us should only be used for the purpose for which it was sent.
it should be retained securely and only for as long as we need it.
it should not be revealed to a third party, unless they are a contractor or independent production company working for the BBC to deliver the programme or service. If they are, we should explain their involvement in language a child can understand

If in any doubt seek advice from Information Rights.

Parental consent

The age of consent in Data Protection Law in the UK for processing personal data has been set at 13. However there are additional editorial policy considerations that require parental consent for our use of such content for children under the age of 18.

Where content is submitted to the BBC by children under 13 through BBC functionality or signed in services, parents will normally have given upfront consent for the activity. Be aware that when relying on parental consent, legally, parents will then still have the right to withdraw that consent. This should be made clear to parents in any communications sent to them.

Where content includes other children under 13 their parents or legal guardians should also be contacted for their consents. In some cases, it may be appropriate for a school to provide consent for children depending on the nature of the editorial content and how it is obtained.

Where content features material from 13-17 year old children and young people, parental consent may not necessarily always be required unless the content is controversial or sensitive.

Factors to consider when deciding what form of consent may be appropriate:

the amount and sensitivity of the information
the age and maturity of the child. Will they understand what is going to happen to the information or the contribution we want them to send?
their expectations. Our use must be in line with what they expect to happen with their personal details any content they provide to the BBC
the sensitivity of the information
the risks associated with sending the information or publishing the content. What is the likelihood of any adverse effects for the child?
the editorial context

Information Rights can provide specific advice depending on the proposition and Editorial Policy may also be consulted. As a guide, here are four examples covering a range of consent methods

Example 1 – Blue Peter Newsletter

If a child wants to sign up to a routine Blue Peter email newsletter, we can be confident that all the content, suggestions and links in each edition will be suitable for children and we can be confident that Blue Peter will only use that email address for that purpose. The only information we are collecting from the child is their email address. So a prompt to the child to ask their parent for permission, with a requirement to complete the tick box before they can proceed, may be appropriate in these circumstances. It reminds the child that they should ask their parents for permission.

Example 2 – Doctor Who Comic Maker

Children were invited to make and publish their own Doctor Who comic strip online out of a kit of parts provided online by the BBC. This was personalised by the child sending in a picture of their own face, to create an avatar which was added to their comic strip.

Parents with a separate email address to their children were able to consent to their children sending us their picture, by email, and they did so in very large numbers. Random phone checks confirmed the validity of the consent. Other parents signed and posted a consent form downloaded from the site.

Example 3 – Child as online video producer

If we invite a child to make and send us a video for publication online in which they and their friends appear, we will need verifiable parental consent. Verifiable parental consent means explicit consent direct from a child’s legal guardian, usually in writing. We will want to be confident that the parent of the filmmaker has agreed to the child sending us the video and at the very least that the parent has confirmed that they have the consent of the parents of the other children who are clearly identifiable in the video as well.

By the same token, if we ask for a child to send us their mobile phone number, we are likely to need some form of verifiable parental consent. This is sensitive personal information in part because if you have the number, you can get in touch directly with that child.

Example 4 – Bugbears

Where the editorial proposition is such that children may be reluctant to register if they have to obtain their parent’s consent and the risks of publication are minimal, we may exceptionally decide not to collect parental consent.

For example, CBBC’s Bugbears animations used the voices of children, who recorded themselves. The animations were designed to allow children to express their fears and anxieties (which could have included problems with their parents) and how they dealt with them. The site did not identify the children who took part and it gave them the option of disguising their voices. Crucially, every Bugbear was carefully checked before publication so that if there was a risk of a child being identified through the detail of what they said or they were too distressed, we did not publish that contribution.

On occasion, with careful planning and a high level of transparency about the scope, it may be appropriate to ask a parent to give us ongoing verifiable parental consent to their child supplying personal information or user generated content up to a certain level or category over a period of time. We might then only have to go back to the parent again for additional consent about new information or user generated content at a more sensitive level or category, within that period of time. It should be easy for a parent to revoke an ongoing level or category of such consent at any time. Such an arrangement would require the specific approval of Information Rights and Editorial Policy.

To help children protect themselves online, there are social media guidelines templates to send to parents and young contributors on Working with Children site from Safety, Security and Resilience [16].

Part 3: Content

Moderation of user generated content

We should take special care to mitigate risk around content, contact and conduct when running message boards designed to appeal to children.

BBC spaces designed to appeal to children and young people are usually pre-moderated. Any proposal to use any other form of moderation for children and young people will need to demonstrate that it offers a high level of child protection and must be referred to Editorial Policy.

Spaces which publish pictures or video from members of the public are usually pre-moderated. Any proposal to use any other form of moderation must be referred to Editorial Policy.

On some occasions, it may not be appropriate to publish a message, even though it does not break the House Rules, because the content is very personal or the child is in distress. We may then wish to offer suitable online support or helpline information.

BBC moderators will not post messages containing personally identifiable information such as email addresses, social media usernames or phone numbers. Where a child under 13 is clearly identified as having posted an email address on a BBC space which is not designed for children, the moderator will remove the message.

Search

Where the BBC offers online search specifically for children, each site and associated subsite must be suitable .

Sites selected by us as being suitable for children should not include unmoderated comments, private messaging features, or dynamic advertising. All sites should be regularly reviewed for continued inclusion in the service.

Users should see an interstitial which makes it clear that they are about to leave the BBC site and offers them the choice of going on or returning to the BBC site.

Users should be able to alert the editorial owner of the BBC search engine if they find an approved site which contains harmful or inappropriate material.

While the selection and evaluation of suitable sites is done by BBC editorial staff, technical measures may also help. For example, automated keyword alerts may help to alert the editorial owner of the search engine to any significant changes to an approved site.

Links

The same principles apply to the selection of individual external links from pages aimed at children (eg CBBC pages) as to the selection of external links to be included in any search services specifically for children (eg CBBC Search) – see above.

Links on global navigation pages which appear on pages designed for children should be suitable for a general audience.

For an audience of children, we should not link to any sites whose minimum age for participation is 13 or more.

(See Guidance: Links and Feeds)

Where programmes or sites designed for children are featuring difficult stories or issues which may require online support including links to external charities, CBBC can advise on which external sites are appropriate for children.

[1] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[2] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[3] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[4] See Investigations site: available on Gateway for BBC staff or via commissioning editors for independent producers

[5] BBC Child Protection Policy

[6] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[7] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[8] See Investigations site: available on Gateway for BBC staff or via commissioning editors for independent producers

[9] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[10] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[11] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[12] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[13] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[14] See Working with Children advisers site: available on Gateway for BBC staff or via commissioning editors for independent producers

[15] Internet Watch Foundation

[16] See Documents and Forms on the Working with Children site: available on Gateway for BBC staff or via commissioning editors for independent producers

Last updated July 2019

Guidance: Working with children and young people as contributors

Editorial Guidelines issues

This Guidance Note applies to all children and young people we work with – contributors and actors. It relates to the following Editorial Guidelines:

Children and Young People as Contributors
See Editorial Guidelines Section 9 Children and Young People as Contributors
Harm and Offence
See Editorial Guidelines Section 5 Harm and Offence: 5.3.49 – 5.3.51

The Editorial Policy Guidance Note on Interacting with Children and Young People Online contains further advice on user contributions. See Guidance online: Interacting with Children and Young People Online

This Guidance should be read in conjunction with the Editorial Policy Guidance on Working with Vulnerable Contributors or Contributors at Risk of Vulnerability.

Key Points

In the course of our work if we suspect a person under 18 may be at risk, or we are alerted to a child welfare issue, the situation must be referred promptly to the divisional Working with Children Adviser [1] or, for independent production companies, to the commissioning editor. If we are concerned about an adult, including a member of staff, working with a child the situation must be referred promptly to the BBC Safeguarding Lead/Head of Safeguarding [2] or Head of Corporate Investigations [3] or, for independent production companies, to the commissioning editor.
If a child is in immediate danger or requires medical attention dial emergency services, (999 in the UK), and ask for the appropriate emergency service. The BBC Safeguarding Lead/Head of Safeguarding or, for independent production companies, the commissioning editor should be informed urgently.
Any online safeguarding concerns, whether related to online grooming or child abuse images, must be referred to the Head of Editorial Standards Children’s and Education (whose previous job title was Head of Safeguarding, Policy and Compliance) [4] immediately.
We should apply the principles of the BBC Child Protection Policy in our dealings with children and young people. [5]
We should consider whether a contributor/contestant/child actor might be regarded as being at risk of significant harm as a result of taking part in BBC content. We should conduct a “contributor due care” risk assessment to identify any risk of significant harm to the contributor, unless it is justified in the public interest not to do so.
The decisions about whether and how to identify a child in our output require editorial judgement. Considerations include balancing the freedom of expression of the child with the requirement to safeguard the welfare of those who contribute to our content. The requirement to obtain informed consent is a key principle of the Editorial Guidelines. In addition to parental consent, when establishing the willingness to participate of a child or young person, all the information should be given in a way they can understand.
For all genres, where risks to a child contributor/contestant/child actor have been identified in relation to their contribution to BBC content, the parent/guardian should be provided with relevant information about those risks and any steps that will be taken to mitigate them. It is helpful to keep written records of discussions with the parent/guardians of contributors before filming, in addition to informed consent in writing.
We should not request more personal information from children and young people than is necessary. To help keep children safe, consider carefully how much information we plan to give out on air/online and think about all the points at which children’s data needs to be kept securely.
Wherever possible liaise with the parents/school for contact information and use a BBC/independent company contact address, email or phone number, especially for any contact with children.
Behaviour with a child should be appropriate. Follow the BBC Code of Conduct for working with children and young people at the BBC.[6]
Consider carefully the impact and possible consequences of any involvement by a child or young person in our content, both during the production process and once it has been broadcast. Potential contributors may sometimes be psychologically assessed by an independent expert before final decisions are taken as part of the pre-production process for choosing contributors. An assessment after recording and ongoing support after transmission may also be appropriate.
With sensitive material, in addition to any expert opinion, it can be advisable to speak to the head teacher of the child’s school for an opinion, or to someone who knows them well, about the child’s participation.
Consider the impact on young actors and contributors of witnessing or participating in activities that might have a negative psychological effect on them and of being asked to take part in activities that are not appropriate for their age, for example, wielding a weapon or smoking a cigarette.
Aftercare is important. Any aftercare needs to be proportionate to the ongoing risks identified and have clear boundaries and time frames.

It may be appropriate for a member of the team, preferably the main contact, to keep in touch with the child and their family to monitor any specific after-effects that might have resulted from the child’s participation. In some cases, providing access to sources of professional help or support may be advisable.

There may be some very sensitive content where it could be appropriate for the BBC to limit the period of time that the programme should be repeated for.

Guidance in full

Safeguarding the welfare of children and young people

Children and young people contribute and interact with us in many different ways including as contributors, actors, presenters and via our interactive services. They have a right to speak out and to participate, as enshrined in the United Nations Convention on the Rights of the Child but we must safeguard the welfare of those who contribute to our content, wherever in the world we operate.

Safeguarding is a preventative approach to working with children and young people. It also protects the BBC because, if we have considered the safety and welfare of our contributors throughout the production process, we are less likely to, inadvertently, have acted inappropriately, or to be accused of acting inappropriately.

This guidance note gives advice to help us take due care of our young contributors and actors and to make other editorial decisions relating to them that should be considered on a case by case basis in line with the Editorial Guidelines. Further advice about children and young people as contributors and actors is available from Editorial Policy. (See below for the areas that the BBC Safeguarding team advise on.)

We should apply the principles of the BBC Child Protection Policy in our dealings with children and young people.

(See Editorial Guidelines Section 9 Working with Children and Young People as Contributors: 9.3.1- 9.3.5)

Each BBC division has a nominated Working with Children Adviser who has responsibility for implementing the policy in their area. A list of BBC nominated advisers can be found on the Safeguarding site.[7]

The BBC Safeguarding team, part of the Safety, Security and Resilience department, advises on safeguarding children including:

In practice what the legal requirements are for working with children and young people
Chaperoning
Licensing of child performers in the UK
Responding to safeguarding issues regarding children

Editorial Policy advises on

Working with children and young people as contributors such as:

Informed consent to take part, ranging from brief vox pops, to potentially distressing content in News output and to major contributions in factual or dramatic output
Considering whether scripts we want children to say, or content we want them involved with, are appropriate
Impact of a contribution (including child actors) before, during and after transmission and putting in place appropriate procedures

Considering children as part of our audience:

what content is appropriate when children and young people are likely to be in the audience, whether it is designed for children or adults, and on all platforms

There is detailed advice about the risks from online and electronic communication and how to escalate it in the Guidance Note on Interacting with Children and Young People Online.

(See Guidance: Interacting with Children and Young People Online)

Identifying children in our output

(NB Full names of child actors and performers are normally listed in programme credits, unless there are safety concerns.)

The decisions about whether and how to identify a child in our output require editorial judgement. Considerations include balancing the freedom of expression of the child with the requirement to safeguard the welfare of those who contribute to our content.

Identification can include their name, their school or other location, or their age. The more identifying information that is given about them, the more likely a child could be located by someone wishing them harm. The platform is important too – there is likely to be more risk with permanent content with the possibility of reverse image searches, than in a one off TV bulletin. Safety considerations are particularly pertinent if we are producing content for social media as clips identifying children and young people are likely to be shared and accessible beyond BBC platforms.

Think about what information to put in press photos and billings, which may have wider reach than the programme itself.

Consent should be sought from a parent or person acting in loco parentis, about the amount of identifying information to include about a child.

For child safety reasons, we should consider referring to a child by first name and large town only. (Take into account whether the child has an exceptionally distinctive name which could make them more identifiable). However, there may also be instances when it is appropriate to give the full name of a child or young person. (See below).

Conversely there may be occasions when we would not identify the child at all or further limit the amount of information that could identify a child.

An example could be where the BBC is recording in a school and one child should not be recorded because they and a parent have fled from an abusive partner. If the child were recorded, their location could be revealed to the ex-partner. It is good practice to check this with a school when seeking consent from a head teacher. Advice is available from Editorial Policy.

Naming the contributor’s school can make a child easy to be located by those who might wish to cause them harm. It is not usually advisable to name the school unless it is part of the story, for example where the school has done something interesting and so is the main focus of the piece. Where a school is named, consider limiting other information that is given out.

Think carefully about when to film children in school uniform. Even if the name on a school jumper is not legible on screen, a distinctively-coloured uniform may identify the school to that area’s inhabitants.

It is also important that children and young people have the right of self-expression and have their achievements and life history recorded. There may be some instances when it is appropriate to give the full name of a child or young person, and other details such as school or club, for example, where they have won an award and deserve recognition for their achievements or where they are already publicly known (a sports star for instance).

Personal Information

Remember to consider all points at which children’s data needs to be kept securely. For example think about what information goes into a script and who might have access to that script, or if user generated content or correspondence is being physically taken to a studio or public area, mask the contact details.

(See Editorial Guidelines Section 9 Working with Children and Young People as Contributors: 9.3.11)

Informed consent for Children and Young People

The requirement to obtain informed consent is a key principle of the Editorial Guidelines.

(See Editorial Guidelines Section 9 Children and Young People as Contributors: 9.3.12-9.3.20)

In addition to parental consent, when establishing the willingness to participate of a child or young person, all the information should be given in a way they can understand. An appropriately-pitched explanation of the proposed contribution should be given. Sometimes it can be helpful to ask a child to say back what he/she understands his/her participation would involve, to check they have understood. Make sure the child does not feel pressurised to agree – let them know it is okay to accept or decline. (Children often see adults as authority figures with whom they cannot disagree.) Also look for non-verbal signals that may express what a child is really feeling about participating.

Some children may have vulnerabilities, such as mental health issues, learning difficulties or physical health conditions. In order to establish their willingness to participate it is important to find out in advance from their parent and/or an expert how to communicate with the child or young person appropriately.

For all genres, where risks to a child contributor/contestant/child actor have been identified in relation to their contribution to BBC content, the parent/guardian should be provided with relevant information about those risks and any steps that will be taken to mitigate them. It is helpful to keep written records of discussions with the parent/guardians of contributors before filming, in addition to informed consent in writing.

(See Guidance: Interacting with Children and Young People Online)

It is important to explain any possible consequences to the child or young person too – including the potential negative impact of social media – and how these would be managed. Remember to make sure that parental consent is explicitly sought for social media use. There are social media guidelines templates for parents and young contributors on the Safeguarding site.[8] It may be relevant to give the programme title too, especially if it is contentious.

An easy to understand briefing/covering letter could be addressed to both the child and parent, along with the parental consent form. Or two briefing documents could be written– one for the child, one for the parent. This will be necessary if there are any surprises planned for the child, as parents should be made aware of these. Any likely consequences of the contribution – both negative and positive – should also be made clear to both parties.

Briefing documents/covering letters to parents could also include:

Practical details;
Health and safety details;
Inform parents that there is a child protection policy which staff should be compliant with. Staff should not ask for children’s personal details or offer their own details. BBC/independent company contact details should be provided by staff. (For example programme email addresses or phone numbers, not individual email addresses. ) It should also be made clear that staff should not be placed in a caring or supervisory position.

The standard child contributor release form is available on the Production Toolkit site.[9] There is more information on parental consents for different types of user contributions online in the Guidance Note on Interacting with Children and Young People Online.

(See Guidance online: Interacting with Children and Young People Online)

As part of our due care requirements, (See Editorial Guidelines Section 9 Working with Children and Young People: 9.1) for example where the nature of the content could be challenging or where the child/young person might have vulnerabilities, it is sometimes advisable to assess potential child or young people contributors psychologically as part of the pre-production/ selection process and sometimes to put in place expert psychological support throughout.

This assessment should be carried out by appropriately registered and qualified health professionals, for example psychologists, psychiatrists or psychotherapists, who, if possible, also understand how the media works, have experience of working with specific genres and child contributors and understand the potential impact on them. They should be contracted with a clear commitment to provide advice which is in the best interests of the child irrespective of whom they are contracted to. They can advise both the content-makers and the parent or guardian about the impact – if any – of taking part. They can advise on specific risks and, where relevant, how to support the child/young person and minimise any negative impact on them.

There is more information on this from BBC Safety Security and Resilience in the Guidance on the use of External Psychological Specialists for BBC Programmes; and Psychological Well-Being: Guidance for Protecting Contributors.[10] An assessment after recording, and ongoing support after transmission may also be appropriate and should be proportionate with clear timescales and commitments.

However, even after seeking professional advice, it remains the BBC’s responsibility to choose whether to go ahead with a particular contributor.

The Impact of a Contribution

We should consider whether a contributor/contestant/child actor might be regarded as being at risk of significant harm as a result of taking part in BBC content. We should conduct a “contributor due care” risk assessment to identify any risk of significant harm to the contributor, unless it is justified in the public interest not to do so.

(See Guidance online: Working with Vulnerable Contributors or Contributors at Risk of Vulnerability)

Remember, the welfare of under-18s must take priority over any editorial requirement.

(See Editorial Guidelines Section 9 Working with Children and Young People as Contributors: 9.1)

Even when we have secured parental consent, we must consider carefully the impact and possible consequences of any content that involves a child or young person, at all stages of the production process, including the period after transmission and any availability online, and must put appropriate measures in place where necessary.

(See Editorial Guidelines Section 9 Working with Children and Young People as Contributors: 9.3.21-9.23)

We should think about the story we want to tell and how to do it in a way that is not detrimental to the child, either at the time, or afterwards. Think about what is appropriate to put into the public domain.

When children feature in our output in a way that potentially infringes their legitimate expectation of privacy, we should normally gain the child’s assent wherever possible as well as the informed consent or parent, legal guardian or other person of 18 or over acting in loco parentis.

(See Editorial Guidelines Section 7 Privacy: 7.3.7)

In some circumstances it may be appropriate throughout the production to retain an expert for assessment and support.

(See Informed Consent above for more on psychological assessments)

Where a child or young person has a vulnerability or may be at risk of vulnerability, any additional needs should be identified at the planning stage and appropriate measures embedded, such as adjustments and support, to ensure an inclusive approach is taken. Advice can be sought from the family of the contributor and relevant experts and organisations.

There is more on working with vulnerable contributors or contributors at risk of vulnerability in the relevant editorial policy guidance note.

(See Guidance: Working with Vulnerable Contributors or Contributors at Risk of Vulnerability)

With sensitive content, in addition to any expert opinion, it can be advisable to speak to the head teacher of the child’s school for an opinion from someone who knows the child well as to whether it could harm the child if they become involved or are identified in the project. If the child does take part and the head teacher knows about it, the head can also keep an eye out in case there are any issues post-transmission in the school environment.

Different genres and formats present different challenges regarding due care to children and young people. Children and young people with vulnerabilities may face additional challenges.

Where a child is portrayed negatively in a factual or entertainment piece we need to think about filming their redemptive journey – if there is one. There may be some cases with no positive story to tell and we should consider whether it is in the interests of the child to broadcast them at all. The more constructed the format, the greater the responsibility we have to give a child the chance to redeem themselves in the story.

Clearly we must not mislead the audience – we should tell true stories – but we must not do this at the expense of the child.

Where conflict or highly emotional situations may be involved, big surprises could cause harm or distress, especially in live or as live programmes. (An example might be where a child is unexpectedly reunited with an absent parent, live on air.) The impact on children and young people of pranking for entertainment purposes must also be considered.

In scripted output it may be appropriate to create a redacted script and for the child or young person not to be present at read-throughs. It is important to consider what details should be given to the child about the full nature of the drama and what language should be used to describe it, in order not to cause distress, yet allow them to give their assent. The age of the child and nature of the content must be considered. Make sure parents are fully aware of the content and have seen a script before agreeing to the child’s participation.

Consider the impact on young actors and contributors of witnessing or participating in activities that could have a negative psychological effect on them and of being asked to take part in activities that are not appropriate for their age, for example, wielding a weapon or smoking a cigarette. Young children have difficulty understanding what is “acting” and what is real.

To help a child actor differentiate between acting and real life it is useful to explain the technical aspects of how things are done. For example in a television drama with adult themes where a child actor might witness some violence, they can be shown certain props are fake so that the actor is not hurt – anything to help them separate reality and artifice.

We should consider what repercussions there may be to a young actor in a drama with adult themes after it is broadcast. It is necessary to have protocols in place to ensure children and their peers do not view productions if they are post-watershed. Don’t forget to liaise with experts if appropriate and keep parents posted if things change materially between agreement and recording, and recording and broadcast.

With some content it may be necessary to advise young people to come off social media platforms during the period of transmission to avoid potentially negative and upsetting comments. The social media guidelines templates for parents and young contributors on the Safeguarding site [11] may be helpful.

When working with children and young people from vulnerable backgrounds or environments we should consider any potential reprisals or consequences that they or their wider family may face as a result. In these circumstances it may be advisable to contact local area experts to determine any associated risks during and after production. Examples of local area experts might be a youth offending worker, a police gang officer or a youth worker.

Another concern is where contributors or actors may emulate an activity which is controlled in a production but which in real life would be dangerous for them to participate in. For more on imitative behaviour see the Editorial Guidelines Section 5 Harm and Offence.

(See Editorial Guidelines Section 5 Harm and Offence: 5.3.49-51)

Children involved in competitions or game shows may become stressed or upset if not cared for appropriately, so we should make plans that minimise stress and support the contestants.

We should also consider how to make sure that the audience are aware that we have not been cavalier about the welfare of contributors or actors. For example, in editing entertainment programmes to give the impression of added jeopardy; it is easy to give the false impression that children have been put under extreme stress, which would be misleading to an audience.

We should put suitable measures in place to mitigate the risk of the audience being caused offence by the treatment of people who appear to be put at risk of significant harm as a result of their taking part in a programme. For example, this might involve signposting that the contributor was not put at risk of significant harm in voice over and/or caption or by other editorial inclusions which may show elements of care provisions such as a shot of a conversation with a partner, family member or a member of the welfare team offering support where this is justified editorially by the nature of the content.

It is good practice, and in some sensitive cases strongly advisable, to keep a record of procedures, risk assessments and contingencies.

Appropriate behaviour with children and young people

We want the experience of working with the BBC to be a good one for children – to do otherwise could distress a child. We should follow the BBC Code of Conduct for working with children and young people at the BBC.[12]

In all dealings with young contributors and actors, clarity is key. Always make sure the child and parents understand what is planned (see “Informed Consent” above). Make sure the potential long-term consequences of participation are explained and never make promises that cannot be kept. Being clear about intentions is especially important on a long-term project, as a working relationship is built up with a family or child, especially if any of the contributors are vulnerable.

We also need to make it clear to external organisations what we expect from them, for example that we do not expect them to leave us unsupervised in a class of children. When visiting an external organisation that works with children, it is important to take suitable identification. The organisation may request us to provide a criminal records check and complete training prior to attending their site. A line manager should be aware of the visit, so that the organisation can check authenticity, if they wish to.

We should think about appropriate behaviour with children, beginning at the research stage. Wherever possible liaise with the parents/school for contact information and use a BBC/independent company contact address, email or phone number, especially for any contact with children. It is important to use an office number even if own mobiles are normally used for work calls. Do not give out personal mobile numbers to a child or young person.

If the only way to contact a child or young person is to approach them directly, we should consider the most appropriate method. The contact should be made using an official method (see above) . We should ask the child to ask their parent to get in touch and should not normally have direct contact with them at this stage. It is not normally appropriate to use social media to contact a contributor who is a child or young person under 16, or a young person who is 16 or 17, where there are due care considerations that would make this inappropriate, such as when the content is sensitive or where the contributor could be considered vulnerable.

If we are considering contacting a child who is 13 or above via social media it should be discussed in advance with a senior editorial figure, who may wish to consult Editorial Policy.

(See Guidance online: Interacting with Children and Young People Online)

We normally aim to work with children in the presence of those responsible for their supervision, although circumstances may vary.

(See Editorial Guidelines Section 9 Working with Children and Young People as Contributors: 9.3.22)

It is sensible to provide a single, consistent point of contact on the production team, someone who can also oversee the contributor or actor’s welfare throughout and with whom the participant and parents can liaise with throughout production.

When working with children or young people, avoid entering a room where they may be changing their clothes or not fully dressed. If it is vital to speak to the child, make sure another adult is present. Do not initiate physical contact – this can obviously be innocently intended but it can easily be misunderstood. However, if a child comes to an individual , or is in distress, act responsibly and in public.

If physical contact is necessary, for example by a make-up artist or by a sound engineer attaching a radio microphone, ensure the child is accompanied by a chaperone and that doors are kept open. Where possible, this should be within the hearing of others. Any contact should also be age appropriate, the child’s permission should be asked beforehand and it should be explained what is proposed and why it is necessary.

A child should never be made to feel uncomfortable or pressurised in any way. Make sure that the child and young person continues to feel comfortable with their participation throughout and that their dignity is always maintained. Their wishes should be respected if they change their mind. If necessary put in place a system to enable them to do so, such as a hand signal. Never engage in or endorse any bullying or harassment of a child. Make sure inappropriate language is not used in front of a child.

The BBC can play a part, where appropriate, in providing positive role models of disabled children. Vulnerable children and young people may have additional welfare requirements, and not just those with obvious physical or mental health conditions. Even minor learning difficulties or non-visible health conditions may mean the child/young person requires some adjustments/ accommodation in order to participate in the programme. As mentioned above in The Impact of a Contribution, it is important to plan in advance for any additional needs. Family and relevant experts and organisations can be involved for advice including about details of relevant protocols to follow.

(See Guidance online: Working with Vulnerable Contributors or Contributors at Risk of Vulnerability)

It is also important that all production staff, crew and on screen talent are briefed appropriately so that they put any child’s welfare first. In a drama with adult themes, where there is strong language and action on set, make sure this does not spill over off set.

(See above: The Impact of a Contribution)

Training should be given to staff who have little experience of working with children.

Aftercare

Aftercare is important. Any aftercare needs to be proportionate to the ongoing risks identified and have clear boundaries and time frames.

An agreed plan should be drawn up with an outline of how aftercare will be delivered and for what period of time it should be available. This aftercare plan may need to be adjusted if any contributor develops a vulnerability during the production. It should be signed off by production commissioning and the BBC who may consult Editorial Policy.

This plan may involve a member of the team, preferably the main contact, keeping in touch with the contributor and their family to monitor any specific after-effects that might have resulted from the child’s participation. However, we should consider the consequences of continuing a relationship or communication beyond the recording/event. A vulnerable child/family may seek a production member out for further, ongoing, support which could place them in a difficult position. In some cases, providing access to sources of professional help or support may be advisable. A psychological assessment after recording, and ongoing support after transmission may be appropriate.

(See above: Informed Consent for more detail on psychological assessments and see Guidance online: Working with Vulnerable Contributors or Contributors at Risk of Vulnerability)

If a child’s contribution has evolved during post-production, it may be advisable to let them and their parent know prior to transmission.

There may be some very sensitive content where it could be appropriate for the BBC to limit the period of time that the programme should be repeated for.

However, the contributor and their parents should be made aware that third party websites may reproduce our content globally without our knowledge or consent.

[1] See Safeguarding Contact details: available on Gateway for BBC staff or via commissioning editors for independent producers

[2] See Safeguarding Contact Us site: available on Gateway for BBC staff or via commissioning editors for independent producers

[3] See Investigations site: available on Gateway for BBC staff or via commissioning editors for independent producers

[4] See See Safeguarding Contact Us site: available on Gateway for BBC staff or via commissioning editors for independent producers

[5] BBC Child Protection Policy

[6] BBC Code of Conduct

[7] See Safeguarding Contact Us site: available on Gateway for BBC staff or via commissioning editors for independent producers<

[8] See the Online Safety section of the Safeguarding Children and Young People site: available on Gateway for BBC staff or via commissioning editors for independent producers

[9] See Contributor Release Forms in the Production Toolkit site: available on Gateway for BBC staff or via commissioning editors for independent producers.

[10] See Guidance on the use of External Psychological Specialists for BBC Programmes And Psychological Well-Being: Guidance for Protecting Contributors from BBC Safety Security and Resilience

[11] See the Online Safety section of the Safeguarding Children and Young People site: available on Gateway for BBC staff or via commissioning editors for independent producers

[12] BBC Code of Conduct

Last updated April 2022

Guidance: Code of Conduct for competitions and voting

This Code of Conduct constitutes the BBC’s commitment to licence fee payers for all publicly funded services in the UK.

Trust is the BBC’s most important value and we must not undermine public trust in the BBC. We will maintain an honest and open relationship with our audiences and we will not intentionally mislead them.

When the public engages with us through interactivity they will be treated with respect, honesty and fairness. We will handle all interactive competitions and votes with rigorous care and integrity.

BBC competitions and votes will not be run in order to make a profit. The only time BBC competitions or votes will be aimed at raising funds will be for a BBC charitable initiative.

Last updated July 2019

Guidance: Conflicts of Interest

Guidance Note

This guidance note relates to the following Editorial Guidelines:

Introduction

Our audiences must be able to trust us and be confident that our editorial decisions are not influenced by outside interests, including political or commercial pressures.

Conflicts of interest can arise for anyone who works for the BBC in any capacity and/or is involved in producing, overseeing or appearing in BBC output. A potential conflict of interest arises when there is the possibility that an individual’s external activities or interests may affect, or be reasonably perceived as affecting, the BBC’s impartiality and its integrity, or risk damaging the BBC’s reputation. Individuals are responsible for completing a Declaration of Personal Interests form and BBC management must decide what action is necessary in response to declared conflicts of interest. In some circumstances, it may also be appropriate to consider whether the position of families and close personal contacts presents a likely conflict of interest.

This guidance covers people working in all areas of the BBC – however they are employed – and also applies to BBC Studios making content for any party and independent producers making content for the BBC Group. There are specific details which apply to people working in particular areas. Where there is guidance for news, this includes BBC News and Current Affairs, BBC Global News, news and current affairs output in the nations and regions and Sport News. There are also additional requirements for those in factual output and consumer affairs journalism where, although not part of news, the audience expectation for impartiality is high.

This guidance incorporates the additional restrictions around financial journalism to prevent individuals profiting from specific information they may have or passing it on to third parties and the restrictions in place around the promotion of financial services or products.

Guidance in full

External Activities

Contractual arrangements
News, current affairs, factual and consumer journalism

Public Expressions of Opinion

Political Activities

Membership and activity
The level of political activity
The nature of the BBC role
The type of programme
Elections – Seeking Nomination or Declaring Independent Candidacy
Elections – Candidates
Elections – Afterwards; successful and unsuccessful candidates

Non-political Voluntary Public Office

Charities and Campaign Work

Charities and Campaign work – additional considerations in news and current affairs, factual and consumer output
Assessing the suitability of charitable involvement
Local involvement
Activities connected to BBC charities and appeals carried by the BBC

Writing Commitments

Writing/publishing commitments – one-off articles/podcasts and regular columns
Writing commitments – one-off articles and regular columns relating to sport
Writing/publishing commitments – additional requirements in news and current affairs
Writing books
Writing books – additional requirements in news and current affairs

Public Speaking and other Public Appearances, including Chairing Conferences

Additional requirements in news and current affairs, including sports news, and in factual and consumer output
BBC Global News

Personal and Outside Interests

Commercial, business and financial interests
Specialist music

Personal Benefits

On-air talent – Commercial Advertising, Promotions and Endorsements

Unsuitable Products or Services
Advertising/promotional Commitments and Editorial Integrity
Timing of Advertisements/Promotions
News and Current Affairs (including Sports News), Consumer and Factual output and Business output
Lifestyle programmes
Cookery Programme Presenters
Presenter’s Own Products
Advertising and Marketing of Presenter’s Own Products
Sport
Presenters and Regular Panellists of Sports Quizzes and Sports Entertainment Programmes
Children’s Programmes
Entertainment/Factual Entertainment

References to BBC Content in Advertisements

Voiceovers
Actors and Artists who perform in BBC content

Talent- or Agent-Owned Independent Content Production Companies

Factual Programmes
Entertainment, Factual Entertainment and Music Programmes
Drama and Comedy Programmes

Financial Journalism Guidance

External Activities

The external activities of people involved in making or presenting BBC content has the potential to risk damaging the BBC’s reputation, by bringing its impartiality or independence into doubt or otherwise compromising the BBC’s integrity. This risk extends to people who have regular roles in BBC output and as a result are associated with the BBC, such as regular members of talent show judging panels and quiz team captains.

In all areas it is essential that managers, content producers, commissioners and those who support them and on-air talent do not compromise their own integrity, or the integrity of the BBC, by off-air involvement in inappropriate activities or commercial interests. Their off-air activities must not bring the BBC into disrepute or damage any BBC brand.

The principles on conflicts of interest apply to everyone, but how they are applied will vary according to an individual’s role and their level of involvement with BBC content. This reflects audience expectations of the impartiality and integrity of BBC output – in particular, in news and current affairs and in factual and consumer affairs output.

Contractual arrangements

Contractual arrangements for regular presenters or presenters of a series of programmes will reference this guidance. On-air talent should be made aware of this guidance and Section 15 of the BBC Editorial Guidelines and those who work for the BBC other than on an occasional basis should be required to consult the BBC before undertaking any outside advertising/promotional work.

In rare cases some existing contracts may not require adherence to the latest Guidance, though of course they will always require adherence to the BBC Editorial Guidelines. However renewed contractual arrangements should require talent to conform to this current Guidance.

News, current affairs, factual and consumer journalism

News and current affairs output may deal with any issue, cause, organisation or individual and there must be no doubt over the integrity and objectivity of editorial/production teams and those who support them. For this reason there are specific constraints on those working in, or contributing to, news and current affairs output.

Those with on-air roles in BBC news and current affairs must not undertake any external activities which could undermine the BBC’s reputation for impartiality. Permission to take part in external activities must be sought from a senior management figure, such as the Head of Department, who should ensure the relevant press officer is informed about these commitments and any dates relating to publication or appearance.

In news, current affairs and factual output, contracts with on-air workers who the audience may consider to have an association or affiliation with the BBC should reflect requirements for impartiality when undertaking external activities and the need to seek approval for such activities. Contracts should make it clear that they should not, without explicit guidance from a senior editorial figure, such as a Head of Department or Editor, undertake advertising, promotions or endorsements for third parties.

Those working on consumer programmes must have no financial or business links which could influence their attitude towards any product, service or company that might be covered in their programmes. Any non-BBC activity they undertake, such as writing articles or books or chairing/appearances at conferences, must not promote or appear to promote any organisation, product or service that might be featured in the programmes they present.

Where there are additional restrictions around people working in news and current affairs output or other factual output, the general guidance will be referred to first and additional restrictions afterwards.

Public expressions of opinion

Public expressions of opinion include the use of social media and letters to the press. Where individuals identify themselves as being linked with the BBC or are primarily associated with the BBC, their public expressions of opinion have the potential to compromise the BBC’s impartiality and to damage its reputation. Because of the potential risk to the BBC’s impartiality, there are additional restrictions around those working in news and current affairs, factual output and output dealing with public policy.

See Guidance: Social Media

Political activities

Active political involvement and commitments may give rise to conflicts of interest for people who are involved in programme making or have any editorial responsibilities in any BBC service, particularly if they deal with political or public policy issues. There is no blanket prohibition on individuals becoming involved in political activity, neither is there a single approach which applies to all activities or to all roles in the BBC. Each instance of political activity will require a judgement to be made by the relevant manager in consultation with the Chief Adviser, Politics, to whom there is a mandatory reference at an early stage if there is any possibility of a risk to the BBC’s impartiality. (See also BBC Editorial Guidelines 15.3.20)

Staff must declare any active political involvement on the Declaration of Personal Interest form. In some cases it will also be appropriate to declare the political activities of family members or other close personal contacts.

The Chief Adviser, Politics provides advice to individuals and to Divisions in order to ensure fairness and consistency in dealing with these matters.

Membership and Activity

Anyone is entitled to be a non-active member of a political party or organisation. However, there are some roles (for instance, those involved directly in political coverage) where public disclosure even of dormant membership may risk compromising perceptions of the BBC’s impartiality. In line with the Editorial Guidelines, managers or individuals should seek the advice of the Chief Adviser, Politics, where appropriate, to discuss individual circumstances.

(See Editorial Guidelines Section 15 Conflicts of Interest: 15.3.18)

Active political involvement can give rise to questions about the impartiality of the individual, the impartiality of the area in which they work and the impartiality of the BBC as a whole. Individuals should inform their manager about any political involvement so that it can be fully considered in the light of the guidance below.

There are three general considerations in each individual case:

the type of political involvement
the nature and seniority of the individual’s BBC role
the extent of involvement in editorial decisions, programme making and/or BBC policy.

The Type of Political Involvement

Considerations about the type of political involvement may include, for instance:

being publicly identified as a candidate or prospective candidate for a parliamentary, assembly or local authority election; no matter that the date of the election is not confirmed
holding any office in a party political or campaigning organisation at a national or local level
speaking in public on matters of political controversy or public policy
expressing or revealing views on matters of political controversy or public policy on social media, blogs, etc in books, articles, leaflets or letters to the press.

(See BBC Editorial Guidelines Section 15.3.9-15.3.10)

canvassing for a political party or election candidate
demonstrating practical support in the public domain for a campaigning organisation, political party or candidate, for instance, distributing leaflets, organising meetings, arranging transport etc
promoting a partisan view on an issue put to local or national referendum.

The Nature of the BBC Role

Scrutiny of those working in journalism, including internationally, in other sensitive editorial positions or in more senior roles throughout the BBC will clearly be the most rigorous. In some cases, if they wish to maintain their level of political activity, it may be necessary to move to a less sensitive position, either temporarily or substantively, or to amend some job responsibilities, or to consider whether that activity is compatible with a continuing BBC role.

For those working outside journalism, the risk to the BBC’s impartiality may be lower, but should still be considered and agreed with their manager, in consultation with the Chief Adviser, Politics. Consideration of the risks to impartiality applies similarly to those working on air or in the public domain and to those whose roles are not necessarily publicly known. Judgements on these issues must stand up to a scrutiny which assumes any individual’s role may become publicly known.

The Type of Programme

News and current affairs programmes for international, national, regional and local output, as well as any factual output dealing with public policy issues, are subject to the most stringent tests of impartiality. For other types of output, including lifestyle, factual (except those dealing regularly with public policy issues) and entertainment, considerations may be less stringent, but the managers will need to consider the implications in individual circumstances and may consult the Chief Adviser, Politics.

Elections – Seeking Nomination or Declaring Independent Candidacy

Individuals seeking nomination need to consider from the outset whether an elected position is compatible with their substantive role and the possible consequences for their own and the BBC’s impartiality. Anyone who intends to seek nomination as a candidate for election at national or local level – or intends declaring publicly their independent candidacy – should notify their manager at the earliest opportunity, so that the implications can be discussed with the Chief Adviser, Politics.

An individual selected as a candidate must notify their manager, who will inform the Chief Political Adviser. Any individual (for instance, someone joining the BBC) who holds an elected position in Local Government at any level must ensure that their manager is notified. The manager must inform the Chief Adviser, Politics.

For anyone working in News or Current Affairs, or on Factual output involving public policy issues, who decides to seek nomination as a candidate, or declares their candidacy, it may be necessary to transfer them immediately to a less sensitive role. In these circumstances, the individual must be placed in gainful employment and not sent home on paid leave.

It will be the responsibility of the Director of the relevant Division or their nominee to ensure a suitable temporary alternative role is found at the earliest opportunity. The Director’s primary responsibility, however, is to ensure impartiality and they will, therefore, have discretion to place the individual in whatever temporary role they deem suitable. If the individual’s candidacy is likely to be long term, or repeated, or they are successfully elected (for instance, to a role in local government), then the Director may decide that this is incompatible with a continuing substantive role in the BBC.

Elections – Candidates

Once an individual has been selected as a prospective candidate, at national or local government level, they may not engage in programme work which could be linked to political or public policy issues, even if the date for the election has not been confirmed. Prospective candidates campaign actively to obtain support, and as such become the focus of public attention. This also applies to any individual making a public declaration of their intention to stand as an independent candidate.

Even for those working outside news and current affairs, or Factual output dealing with public policy issues, it is unlikely that they will be able to undertake high profile or public programme responsibilities until after the election. Managers may need to consult the Chief Adviser, Politics, to ensure that prominence on BBC output does not lead to a reasonable perception that it is benefitting an individual’s candidacy.

When BBC employees stand for election to a full time political role (eg the UK Parliament, the devolved legislatures, or an executive mayoralty), they may take unpaid leave of up to six weeks for the period to the election date. The leave is unpaid in order to avoid any suggestion that the BBC is subsidising the individuals’ election campaign. If a candidate continues to work during the election period, it is imperative that they are employed in a role where there can be no perception of a conflict of interest and that they could not be seen as campaigning during BBC time.

Individuals may stand for local government elections provided there is not a conflict of interest with their BBC duties. They will be expected to conduct their campaign activity in their own time and ensure that nothing they say in public could be perceived as compromising the BBC’s impartiality.

Presenters and regular contributors who are candidates for elections should not appear in any programmes in their normal roles during election campaigns or, in some circumstances, even before the formal election period, if that caused any actual unfairness to other candidates. They may, of course, contribute as candidates according to the relevant election guidelines regarding candidates’ appearances.

If a family member or close personal contact is standing for election, it is acceptable for an individual to express personal support, but there should be no use of the BBC’s name or (for those in roles requiring impartiality) expression of political support; the individual should declare the interest and must not fulfil any BBC role with any direct connection to the candidacy of the family member or contact involved.

Elections – Afterwards; Successful and Unsuccessful Candidates

If individuals are unsuccessful in seeking nomination or decide not to pursue their

candidacy, they may return to their original substantive job. However, their Director may need to consider if there are any reasons regarding the BBC’s impartiality, or the conduct of the candidate, which mean the individual may not be able to return immediately or at all. In the event of such a decision becoming necessary there will be full discussion of the issues with the individual concerned and the advice of the Chief Political Adviser will be sought to ensure consistency.

If an individual is elected to (and takes up) a full time role (e.g. in the UK Parliament, the devolved legislatures, or an Executive mayoralty) they will be required to resign from the BBC immediately.

If an individual is elected to a part-time position in local government, they may continue to work for the BBC. However, (with the possible exception of those elected as independents at the level of parish councils) they are unlikely to be able to fulfil a journalistic or editorial role in news and current affairs involving international, national, regional or local output, or any factual output dealing with public policy issues.

Non-political voluntary public office

Non-political and voluntary roles in public office may be acceptable even for editorial staff in news programmes. This includes school governorships and being a magistrate. However, content producers should be careful in fulfilling these roles about involving themselves in controversial matters of public policy related to organisations which campaign on political or public policy issues and should seek advice from the Chief Adviser, Politics. They may have to declare potential conflicts of interest and be unable to take part, in their BBC role, in any directly connected output.

Charities and campaign work

Apart from the BBC’s own charities and charitable trusts and other specific appeals carried on BBC services, the BBC takes care not to be seen to endorse particular charities.

The Editorial Guidelines require that any proposal by individuals to work for, or be publicly associated with, charities and campaigning groups must be referred to the head of department, who must consult Editorial Policy.

BBC figures are usually asked to take on public roles connected with charities primarily because of their association with the BBC and any activity associated with the charity might be perceived as BBC endorsement. If BBC people take on a public role for a charity, the BBC may be considered to be advantaging one charity over another, and this may be seen to compromise our principles of fairness and impartiality.

Special care should be taken with invitations to take part in public appearances, to speak publicly or to chair conferences that are related to charities, particularly if they are known as campaigning organisations. No impression should be given of BBC endorsement of one charity over another.

Charities and Campaign work – Additional Considerations in News and Current Affairs and Factual and Consumer Output

Those working in news and current affairs, factual and consumer output should not normally associate themselves with any campaigning body, particularly if it backs one viewpoint in a controversial area of policy.

The Editorial Guidelines require that news and current affairs presenters should not front campaigns for charities or campaigning bodies as this could compromise the BBC’s reputation for impartiality and that any proposal that would not comply with this must be referred to Director Editorial Policy and Standards.

Assessing the Suitability of Charitable Involvement

When assessing proposals for involvement with charities, managers should ensure that BBC editorial staff, BBC correspondents on non-staff contracts and freelances, known to the public primarily as presenters or reporters on BBC news or current affairs programmes, do not:

Endorse charities which are advocating a particular standpoint on matters of political controversy or public policy, as the BBC needs to be seen to represent all sides of an argument fairly and accurately
Associate themselves with a charity which is closely involved in an area of activity about which they are likely to report

Except in relation to BBC appeals, such as Children in Need, or appeals carried by the BBC, they should not:

Appear in an advertisement for any charity
Appear in charity fundraising appeals or in publicity for fundraising eg large-scale mail-drops
Front charity campaigns
Be the public spokesperson for a charity
Undertake media interviews on behalf of a charity
Advise a charity on how to lobby or present itself in the media

Those working in news and current affairs or factual or consumer output may be asked to undertake public roles such as ambassadors or patrons of charities. In some cases, for example where they have a specific personal experience, it may be acceptable to undertake such roles, but not if they involve any of the activities listed above. Careful consideration needs to be given as to when such roles might be acceptable. In many cases, being an “ambassador” would be inappropriate as it normally involves campaigning for a charity.

The role of patron indicates a high level of endorsement and may not be suitable. Chairing a charity probably involves even more involvement and is unlikely to be acceptable. Being a trustee may be less sensitive, but consideration needs to be given to the fact that trustees are usually involved in ensuring the probity, good conduct and good management of a charity.

However, on rare occasions those in news and current affairs may have a closer involvement with a charity involved with the health, safety and wellbeing of journalists or some other charity connected to their role or experiences. In line with the Guidelines, Editorial Policy must be consulted about any such proposals and approval must be obtained from the head of department.

Local Involvement with Charities

In some cases, with the permission of the relevant head of department, it may be possible for News and Current Affairs people to be involved more closely at a local level with charities which are not concerned with lobbying on matters of public controversy, as long as this does not compromise their impartiality or the BBC’s impartiality and that they are not involved with an organisation on which they are likely to report.

Activities Connected to BBC charities and Appeals Carried by the BBC

BBC staff and presenters may take part in programming and events to support BBC Children in Need, Comic Relief, and other BBC fund-raising appeals or cross-BBC charitable initiatives. BBC Global News staff and presenters may have involvement with BBC Media Action.

Presenters may, where appropriate, present emergency appeals carried on BBC services and in some cases they may present a specific charity appeal carried by the BBC, such as the Radio 4 Appeal or Lifeline, providing the association with the particular charity does not compromise their impartiality or the impartiality of the programme they present.

In a case of a major emergency, BBC licence fee funded services may carry appeals by the Disasters and Emergency Committee (DEC).

None of this charitable output should give the impression of campaigning on an issue of political or public controversy.

(See Guidance: Charity Appeals)

Writing Commitments

It is a requirement of the Editorial Guidelines that all proposals to undertake external work, including writing books or articles for newspapers, magazines or websites, or publishing podcasts should not risk compromising the impartiality or integrity of the BBC or its content, or risk damaging the reputation of the BBC.

BBC managers must judge what is appropriate and may consult Editorial Policy where necessary. The extent to which an individual’s external writing or podcast commitments may need to be constrained will depend on the following factors:

the nature of the output they are involved with
the individual’s role in that output
the nature or subject of the written work or podcast
the nature of the publication or platform where it will appear
any sensitivities over timing – for example, if the timing of publication makes a subject more controversial or if it coincides with the transmission of BBC output in a way that increases sensitivities

Writing/publishing Commitments – One-off Articles/Podcasts and Regular Columns

It is a requirement of the Editorial Guidelines that proposals to undertake writing commitments about controversial subjects must be referred to a senior level in the relevant division. Copy approval will be needed for all columns and any one-off articles or podcasts related to topical or controversial issues. In general, there will be less concern where the subject of the work is not controversial and is unrelated to the subject that is associated with the individual in their work for the BBC.

If the article or podcast is about the BBC, the programme on which they work, subject matter clearly relevant to the editorial area in which they work, or any other subject which could give rise to concerns about conflicts of interest, a senior editorial figure, such as the head of department, would normally ask to approve the copy in advance. Editorial Policy may be consulted

Any proposals for editorial staff to write regular columns or publish regular podcasts should be referred to a senior editorial figure who will decide what is appropriate in their area.

Regular presenters on long term contracts should discuss the range of their journalistic commitments with the relevant Head of Department who will consider if there are any areas of activity which might lead to a conflict of interest. In some cases they may be contractually obliged to consult the BBC about writing commitments. BBC copy approval would normally be required for any article or podcast about the programme they present. The Head of Department may also ask for copy approval for articles or podcasts of particular sensitivity connected to the subject matter of the programme.

In some areas, such as sport, regular presenters or “pundits” may write articles or regular columns about the subject matter of their programmes. Heads of Department must judge the suitability of such work and whether there is any need to ask to see such articles before they are submitted for publication.

Presenters or contributors who present programmes for the BBC only occasionally, or for specific series, may undertake a range of writing commitments. However, the Head of Department should discuss with them any areas of activity which could give rise to a conflict of interest and ask to clear articles in advance if they are about the programmes they are involved in.

Writing Commitments – One-Off Articles and Regular Columns Relating to Sport

Columns on sport often deal with issues of public controversy. For this reason, individuals wishing to write columns about sport, whether regular or one-off, will need the approval of their Head of Department (including copy approval). Such columns should not focus on any political or business controversies associated with Sport and any reference to such matters must be duly impartial.

The Director BBC Sport and the relevant BBC News Head of Department will decide what may be appropriate for BBC Sport News journalists. Editorial Policy should also be consulted. If, in exceptional circumstances, approval is given for a regular column on sport, the BBC must approve all copy in advance.

Writing/publishing Commitments – Additional Requirements in News and Current Affairs

It is a requirement of the Editorial Guidelines that individuals working in news and current affairs cannot undertake regular writing commitments about controversial subjects.

In some cases, individuals working in news and current affairs may write regular articles or columns or publish podcasts for external publications on a specific non-controversial topic such as gardening or music. Columns/podcasts should not deal with any public debate related to the subject matter and it is important that nothing which is published compromises the BBC’s reputation for impartiality. Articles and podcasts should not refer to issues which they are likely to cover on air. A senior editorial figure will require BBC copy approval for any such articles or podcast. Articles and podcasts must be submitted for approval in good time before the publication deadline and the senior editorial figure must inform BBC Press and Publicity.

In some cases, with the prior written approval of a senior editorial figure, such as the relevant Head of Department, a one-off article for an external publication may be written on a matter relating to:

News, current affairs or politics
Economics, business or finance
Current political or public policy debate
Media issues
Moral or ethical issues or religion

A senior editorial figure will require BBC copy approval for any such articles. Articles must be submitted for approval in good time before the publication deadline and the senior editorial figure must inform BBC Press and Publicity.

Writing Books

BBC staff require prior written approval from a senior editorial figure, such as their Head of Department, to publish a book on any topic. The senior editorial figure should consider the sensitivities in that area and whether the book could give rise to a conflict of interest or raise concerns about the integrity or impartiality of the BBC.

If publication goes ahead, they must judge whether the subject matter is such that the copy should be approved by the BBC before publication.

Presenters and regular contributors to the BBC on long term contracts should inform the relevant Head of Department in advance about any proposal to write a book about the BBC or their work for the BBC or about the programme in which they appear. In some cases, contracts would require such presenters and contributors to ask for permission from the BBC to publish any such book. The copy of any book about the BBC or a BBC programme must be cleared before publication by the relevant Head of Department. The copy should be submitted in good time before publication.

Whatever the subject matter, presenters should not use their programmes as a vehicle for promoting books they have written. In some cases, it may be editorially justified to make some reference to the book, providing there has been clear prior approval from the editor or relevant editorial executive. But it is essential that the book is not “plugged” on-air.

Writing Books – Additional Requirements in News and Current Affairs

Any book written by those working in news and current affairs must be approved by the BBC and a copy should be submitted in good time before publication to the Head of Department or their nominee. The relevant BBC Press and Publicity Manager should be informed of plans to promote and market the book. Editorial Policy may be consulted.

Individuals will need prior permission from the relevant Head of Department for the granting of any serialisation rights, in respect of any books written in accordance with this guidance.

Approvals and related marketing should be discussed with the relevant Press and Publicity Manager. With the prior approval of the BBC, individuals may undertake promotional activities for books they have written. Any such activity must not jeopardise the individual’s reputation for objectivity and impartiality.

Public Speaking and other Public Appearances, including Chairing Conferences

No public speaking commitments or other public appearances, such as chairing conferences, or speaking at conferences should compromise the authority, impartiality or integrity of presenters or editorial staff working on BBC output. Any such commitment should not imply BBC endorsement of any product or service nor imply support for any charity or campaigning organisation. A senior editorial figure, such as a head of department, should discuss any outside commitments with editorial staff and presenters in order to make a judgement as to whether activities are appropriate.

Additional Requirements in News and Current Affairs, including Sports News, and in Factual and Consumer Output

Individuals in news and current affairs will need written permission from a senior editorial figure, for example the Head of Department, before undertaking any outside public appearances, including speaking at or chairing conferences. They must not make any appearances which are promotional for a third-party commercial concern and nothing they do or say should undermine the integrity or impartiality of the BBC. They should not allow the use of the BBC’s name or brands in connection with marketing for a public appearance unless this has been approved by the BBC. The onus is on the presenter or reporter to inform the BBC about the overall range of work they undertake and about any particular commitment which may be controversial or may lead to problems concerning perceptions of impartiality.

Special care should be taken with appearances related to charities, particularly if they are known as campaigning organisations.

Presenters in factual areas should not chair conferences which are designed to promote products or services directly related to the subject matter of the content or output on which they work/appear.

Those working on consumer programmes must have no financial or business links which could influence their attitude towards any product, service or company that might be covered in their programmes. Public appearances, including chairing/appearances at conferences, must not promote or appear to promote any organisation, product or service that might be featured in the programmes they present.

Those working in news and current affairs must remain impartial, in line with the Editorial Guidelines. If, during a public appearance, a viewpoint expressed turns out to be controversial or one-sided, editors should consider whether to allow the presenter to cover the issue on-air.

There are specific issues in relation to impartiality and the perception of impartiality if anyone from BBC news and current affairs, including sports news, is included on an advertised agency list as being for hire for public speeches and events. Individuals must not sign up with an external agency for public speaking without the written permission of the relevant Head of Department.

BBC Global News

BBC Global News Ltd is a commercial concern and BBC World News presenters may take part in some promotional events or chair conferences which are organised by BBC World News or in conjunction with others, or which are organised by third parties.

Where their involvement is part of their contractual commitments to the BBC, see Guidance: Use of BBC Brands by BBC Global News for Marketing Events.

Where presenters, correspondents or reporters are being engaged independently of their existing commitments to the BBC (eg through their agent), they are subject to this Guidance.

Personal and Outside Interests

Commercial, Business and Financial Interests

The personal commercial, business, financial and other outside interests of those working for the BBC must not compromise their BBC role and, in line with the Editorial Guidelines, these interests must be declared on the Declaration of Personal Interests form.

Individuals, including presenters and on-air talent, must declare any commercial or other relevant outside interest that may affect their on-air role or that is connected with the subject matter of the content that they presenter or appear in. This declaration must be made before the signing of any BBC contract.

In some cases, particularly for on-air contributors to journalistic or factual programmes, commercial interests, including significant shareholdings, may be deemed incompatible with their BBC on-air role. Some contributors, who are not necessarily presenters, may play a sufficiently significant role in content that the BBC may decide that they need to be subject to the same restrictions as other presenters in that genre, and must declare any commercial or other relevant external interest which may impinge on their on-air role. This may include regular panellists, pundits and programme judges.

Those working on consumer programmes must have no financial or business links which could influence their attitude towards any product, service or company that might be covered in their programmes.

There are additional editorial and legal requirements for those working in financial output, these are outlined on a separate page.

Specialist Music

In specialist popular and classical music content some presenters or freelance producers have been engaged by the BBC for their expertise and knowledge of the industry. Such talent may have links with artists and the music industry. They may themselves be recording artists or music or events/festival producers. Therefore particular care needs to be taken with regard to commercial or external interests.

Managers within the relevant division will need to put in place suitable editorial safeguards to ensure that those working in these areas declare all relevant external interests. It is important to ensure those interests cannot unduly influence editorial decisions, such as choice of music/ artists included in their programmes. Playlists should be regularly reviewed to ensure that the music and artist guest choices stand up to editorial scrutiny. In line with the Editorial Guidelines, these arrangements must be referred to Editorial Policy.

Personal Benefits

In line with the Editorial Guidelines, under no circumstances should anyone working for the BBC or on behalf of the BBC receive personal benefits from suppliers or accept goods or services as inducements.

There are specific restrictions on the acceptance of clothing, products, services or equipment by BBC staff, on-air contributors, reporters and those who present or regularly appear on BBC content. Some contributors, who are not necessarily main presenters, may play a significant role in a programme or series. In such cases the BBC may decide that they need to be subject to the same conditions as presenters.

Any third-party arrangements to promote clothing, products, services or equipment must be declared to the BBC. This is so that content makers /commissioners /BBC managers have all relevant information and can ensure that such goods and services do not appear in/are not referenced in content inappropriately or inadvertently. In particular, unless it is approved product placement on a BBC Commercial Service, the following principles should be applied;

Clothing or equipment must never be accepted free or at reduced cost in exchange for using it on air or with any understanding that it will be shown, referenced, or used on air
Any clothing or equipment which has been accepted free or at reduced cost must not be worn or used on air or in content related marketing and promotions, nor should it be worn if it is received at a reduced cost from specific manufacturers or designers
Presenters or other individuals must not appear on-air wearing clothing or using products or services which they have agreed/been contracted to promote, advertise or endorse or in which they have a specific financial interest
Equipment which has been accepted free or at reduced cost should not be used or shown on air.

(See also: Lifestyle Content)

On-air talent – Commercial Advertising, Promotions and Endorsements

This section outlines additional considerations around the external promotional work that may be undertaken by those who “front”, “anchor” or make a significant presenting contribution to BBC output in any genre. It applies to all BBC presenters and regular on- air contributors. Promotional activity, which includes commercial advertising and endorsements, including work for BBC Commercial Services, must not risk damaging the integrity of the BBC content they are associated with, or risk damaging the BBC’s reputation generally.

(See Editorial Guidelines Section 15 Conflicts of Interest 15.3.34-15.3.39)

An assessment of whether advertising or promoting third parties is acceptable will be made by the relevant Head of Department responsible for the output, in consultation with Editorial Policy and the senior Business Affairs Manager. Decisions will be made on a case by case basis, however, in addition to the considerations set out in the Editorial Guidelines, the following principles apply:

Promotional activity must not compromise the reputation or integrity of the BBC or the values of any BBC brand
The nature of the individual’s on-air role will affect what is appropriate
Key presenters who have long standing associations with the BBC may be subject to particular restrictions on their promotional activities
Where the individual is not involved in news and current affairs or other journalistic output, there will be fewer restrictions on their off-air activities – however the off-air activity should not compromise their integrity or the integrity of the content they present
There may be fewer restrictions on on-air contributors who are seen as independent experts or who only present a few programmes or a one-off series
There must be no conflict of interest between the on-air contributor’s BBC role and the promotion or endorsement of a particular product or service
Individuals should not replicate their on-air role to endorse a product, service or organisation either in general advertising or on any personal or third party website. Their external activities must not reference the BBC or its content directly or indirectly
No product, service or organisation promoted by on-air contributors may be shown, featured, reviewed or discussed in the BBC programmes they present
Contributors may be permitted to undertake promotional work in relation to a book they have written, in line with this guidance on writing books.

Unsuitable Products or Services

In line with the Editorial Guidelines, there are some products or services that on-air talent should not promote – such as tobacco products, adult products and services and weapons. Other products or services are also sensitive and will require careful consideration in order to avoid damaging the BBC’s reputation, for example, promotional work for alcohol, high-interest financial products and gambling.

Advertising/Promotional Commitments and Editorial Integrity

When engaging on air contributors, consideration should be given as to whether their existing advertising /promotional commitments are likely to compromise the BBC’s editorial integrity.

Timing of Advertisements/Promotions

We should consider whether sensitivities arise around the timing of an advertising campaign in relation to the scheduling of BBC content – especially at launch. The BBC may decide that such advertising or promotions are only acceptable if there is a suitable time period between the advertising campaign and the start and finish of the first BBC transmission of these programmes and any related BBC marketing activity.

Some on-air contributors are only contracted to the BBC for specific time periods to coincide with the preparation and filming of the series of programmes in which they appear. However, as far as possible, contractual safeguards concerning advertising should also cover the periods when content is to be transmitted. We should additionally consider whether output will be available on demand, and whether that will affect what promotional work is appropriate.

Additional Considerations – News and Current Affairs (including Sports News), Consumer and Factual Output and Business Output

In line with the Editorial Guidelines, on-air talent on news, current affairs and business programmes are not permitted to take part in any promotional activity for third parties.

Presenters and reporters in factual output that covers matters of public policy, or political or industrial controversy are not normally permitted to take part in any advertisements for third parties. The degree to which they are regarded as objective journalists in their BBC on-air role will affect decisions as to whether any outside promotional work is permissible.

The key consideration for those working in factual output will be whether the external promotional work could undermine their on-air BBC role. Where those working in factual output are considering taking on promotional work, this should be considered by the relevant Head of Department who may consult Editorial Policy.

Additional Considerations – Lifestyle Programmes

These are non-journalistic programmes which do not undertake specific consumer reviews, but may sometimes give “how to” advice or information about what ingredients or types of goods to use. Areas of lifestyle programming include makeovers, gardening programmes and cookery shows.

The degree to which such advice is offered will affect the on-air talent/presenter’s ability to undertake promotional activities. The following principles apply:

Lifestyle presenters, including chefs and cooks and judges, may normally undertake advertisements and promotions, in any medium, for products which are not directly associated with the subject matter of their programmes. However, these advertisements must not replicate their on-air role, reflect the programme or BBC content or undermine their BBC role.
Lifestyle presenters who give specific advice on what types of products to buy or use should not undertake any advertising for those types of products.
Presenters who give specific advice on how to solve problems should not advertise or promote products or services which aim to solve those problems
No lifestyle presenter should undertake radio, online or television advertising for a product or retailer directly associated with the subject matter of their programmes.
Lifestyle presenters who do not give any specific advice on what to buy or use may undertake adverts or promotions for retailers who sell products connected to the subject matter of their programmes. Such adverts for retailers should not promote any particular branded or own brand product or service, if that type of product or service is covered/used in the programmes they present.

Cookery Programme Presenters

Presenters/judges of BBC cookery programmes including chefs and cooks should not undertake radio or television advertising for any product, equipment or retailer directly associated with the subject matter of their programmes
Presenters of BBC cookery programmes who give specific advice on-air about how to cook and/or which ingredients or specific equipment to use should also not undertake any advertising for specific branded food products or equipment
If presenters do not give specific advice on equipment, they might in some cases be permitted to advertise equipment, as long as the advertisements do not in any way replicate their on-air role and such equipment is not shown or featured in the programmes they present. Such proposals should be considered by the relevant Head of Department who may refer to Editorial Policy
Presenters of cookery-related content, which does not give specific advice on how to cook or which ingredients or equipment to use (e.g. travel shows about cookery, entertainment cookery gameshows, competitions or talent searches) may:
- advertise food retailers off-air. Such advertisements or promotions must not make any reference to their BBC programmes or refer to their on-air BBC role. Nor should they promote specific branded food or ingredients
- all such advertisements must be approved by the relevant Head of Department who may consult Editorial Policy and care will need to be taken around the timing of such advertisements
- advertise kitchen equipment off-air as long as this is not shown in their BBC programmes.

Presenter’s Own Products

Lifestyle presenters such as cooks and chefs, gardeners and designers often develop their own or have pre-existing products which may be associated with the type of content they present. Some may distribute products through their own websites and social media channels. Presenters and on-air contributors on long term contracts must inform the BBC about any pre-existing products/services, or those they are developing to ensure the BBC can manage the conflict of interest.

The onus is on the presenter to inform the BBC prior to entering into a contractual agreement in relation to their products. The presenter’s own products, or those closely resembling them, must not be shown, used or referred to in any of their BBC content.

Advertising and Marketing of Presenter’s Own Products

Any promotion of such products needs to be treated with care to ensure that the presenter’s on-air role is not undermined. Advertisements on television or radio must not replicate the presenter’s on-air role and must be referred to the BBC in advance to ensure that such advertising campaigns do not cause such issues

In many cases lifestyle presenters may be able to advertise their products in newspapers, magazines, on billboards or online on social media channels, providing they do not use or feature these products or ones closely resembling them in their programmes.

Such advertising or marketing promotions must not replicate the presenter’s on-air role or make reference to their BBC programmes.

Point of sale promotions and promotions on the presenter’s own website/social; media channels may be acceptable. However any such promotions must not reference their BBC connections and no material from their BBC programmes may be used. If the presenter’s social media channels /websites sell branded products such arrangements should be discussed with the BBC and Editorial Policy may be consulted.

Sport

Presenters, reporters, commentators and regular “pundits” who work on BBC sports coverage and sports programmes should not advertise products or services connected with the sport or sports which they cover nor should they undertake adverts for the sponsors of the sports which they cover. It may be acceptable for them to advertise products or services which are unconnected to the subject matter of the programmes in which they appear, provided that their perceived connection to the product does not damage the BBC’s reputation or the BBC brand. The advertisement should not replicate their on-air role. They should not appear in an advert with any other on-air talent with whom they appear on-air in BBC content. In some cases presenters and commentators (particularly former sportspeople) may be contracted for a short period for a specific tournament. Care should be taken to ensure that they do not undertake any advertising while working for the BBC which could appear to compromise their impartiality.

Presenters and Regular Panellists of Sports Quizzes and Sports Entertainment Programmes

Presenters and regular panellists of sports quizzes and sports entertainment programmes should not undertake any advertising which would undermine their on-air role.

BBC sports journalists who report for BBC news programmes are subject to the same restrictions as other BBC news journalists and may not undertake any commercial advertising. Any proposed exceptions must be referred in advance to BBC Sport management who must consult Editorial Policy.

Children’s Programmes

The BBC is a trusted provider of content for children. As such, presenters of BBC children’s content may be seen as role models and any off-air activities must be carefully considered to ensure they are compatible with their on-air BBC role. In addition to the requirements of the Editorial Guidelines, presenters must not undertake promotions for goods, services or organisations that would be incompatible with their on-air role as a BBC Children’s presenter or compromise their objectivity.

Any proposal for a BBC Children’s presenter to undertake advertising or promotions must be referred in advance to Director BBC Children’s who should consult Editorial Policy.

Entertainment/Factual Entertainment

On air contributors, including presenters, panellists and judges, should not appear in adverts which are closely associated with the subject matter of their programme or which mimic the style of the programme. Advertisements must not be incompatible with their on-air role, damage the BBC brand or bring the BBC, the contributor or their programmes into disrepute.

References to BBC content in Advertisements

Any advertisement/promotion in which BBC on-air talent appears should not copy or “make play” of BBC content. No impression should be given that the BBC is endorsing any commercial product or service. The style of the advertisement should not bring the BBC into disrepute. The following principles should be observed:

Adverts should not replicate or “pass off” the role the on-air contributor plays in the BBC content
Adverts should not replicate editorial elements of content
No music or graphics associated with the BBC programme should be used
Adverts should not replicate the look or style of the BBC content .
There should be no use or direct imitation of BBC programme sets or the key elements that are associated with look and feel of the programme
No adverts should refer to the BBC or any of its services or programmes.

(See Editorial Guidelines Section 16 External Relationships and Financing: Third-Party Advertising and the BBC Brand 16.3.20)

Normally no more than one presenter from any BBC programme should appear in the same advertisement or promotion. This is to avoid any suggestion of a connection between the BBC programme and the advertisement. However in certain circumstances in entertainment or lifestyle programming on-air talent may have already established themselves as a duo or group act, independently of their BBC role, In these cases consideration may be given as to whether they may undertake joint advertising and promotions. Any such proposals must be referred to the relevant Head of Department and Editorial Policy.

Voiceovers

BBC on-air talent may sometimes feature as voiceover artists in television and radio advertisements. The restrictions are the same as for all advertisements in relation to what, if any, advertisements talent may undertake, the products and services which may be promoted and the nature of the advertisements.

They should not refer to the BBC or their BBC programmes and the advertisements should not replicate their on-air role. For example, a BBC football commentator should not conduct a voiceover in the manner of a match commentary. They should not undertake advertisement voiceovers for products or services they are likely to review or might select for inclusion on a BBC programme. For example, presenters of BBC music programmes should not do voiceovers in advertisements for music releases where they are involved in selecting those releases for inclusion in the programme or station output.

Actors and Artists Who Perform in BBC Content

In addition to the requirements of the Editorial Guidelines, normally no more than one actor/performer from a current BBC series may appear in an advertisement if such an appearance may lead to the perception of a connection with the BBC. Some BBC productions have specific restrictions in contracts with such contributors.

In some cases careful negotiations may need to be held where performers hold the rights to characters which are used in BBC entertainment, comedy or other programmes. In such cases consideration should be given to the timing of advertising campaigns in relation to the transmission periods of the programmes shown by the BBC.

Talent or Agent owned Independent Production Companies

In addition to the requirements of the Editorial Guidelines, there will be particular risks where on air talent is also in effect the employer of the production team due to the ownership arrangements of the production company. Special measures will need to be put in place to mitigate these risks.

Agent owned production companies (or where the agent is a significant shareholder or is on the board of the company), should not be commissioned to produce factual programmes about the talent they represent.

The Talent cannot be the overall executive producer, there should be a separate overall executive producer who is responsible for the content.

Factual Programmes

Talent owned production companies should not normally be commissioned to make BBC factual programmes where the talent is the subject matter of the programme or is featured in any significant way. Where output has been commissioned in accordance with the Editorial Guidelines, the commissioning team should ensure objectivity is achieved by:

Putting in place executive production on behalf of the BBC
Ensuring there is an active BBC role in all stages of the programme’s production, from research to the final edit
Ensuring that referrals are made to Editorial Policy throughout the process in case of any difficulty

When commissioning teams receive proposals for factual programmes concerning BBC talent from another genre (for example, a factual commission about a sports personality), they should seek advice from that genre on any connections between the independent producer and talent which could provide an editorial conflict of interest.

Entertainment, Factual Entertainment and Music Programmes

It may be possible for some entertainment, factual entertainment, and music shows to be commissioned from agent or talent owned production companies where the Talent is to be used as the presenter, star of the show or regular contributor. Such proposals must be approved in advance by the relevant Head of Department who may consult Editorial Policy.

In these circumstances, we must ensure that the BBC maintains overall editorial control over all stages of production, so that:

commissioning teams actively review guests and their associated products featured on agent-owned or talent-owned independent productions
guests from associated talent agencies are always editorially justified
records are kept of all guests on programmes produced by agents or talent
owned independent production companies and checked with the agent’s client-list to ensure editorial independence
we should avoid a cumulative promotional effect
measures may be required such as a log of playlists etc to manage any perception of a conflict of interest

Drama and Comedy Programmes

Where talent is to feature in content made by talent or agent owned production companies, such proposals must be discussed in advance with the relevant Head of Department who may consult Editorial Policy. Talent may bring ideas, content and formats to the BBC and write the content as well as star in it. There must be a separate overall executive producer in all such cases.

Last updated November 2020

Guidance: Financial Journalism guidance

BBC guidance on financial journalism

Summary of main points

Journalists and presenters of the BBC’s financial output should register all their shareholdings, financial and business interests or dealings in securities. All BBC employees must conform to the BBC’s Employment Policy “BBC Declaration of Personal Interests”
Journalists must not use for their own profit any privileged information or financial information they receive in advance of its general publication, nor should they pass such information to others.
It is essential that financial journalists do not promote, or give the impression of promoting, any business or financial service in the BBC’s output.
Financial journalists are subject to some specific legal restrictions. They must not promote financial services or products without proper authorisation from the relevant regulatory authority. And they must not use non-public information they acquire to trade in securities, or pass that information on to others who may trade in securities. This is “insider trading”, which is a criminal offence.
We may need to make our audiences aware that guests on financial news output have a financial or commercial interest in the topics under discussion.
The EU’s Market Abuse Directive requires to us to make our audiences aware of some additional information if it directly recommends buying or selling some securities.

Guidance in full

Introduction

It is essential that the integrity of BBC output is not compromised by the commercial, business or financial interests of any programme makers, journalists, or presenters. There must never be any suggestion that commercial or financial interests have influenced BBC coverage or the subject matter of programmes or the choice of items.

Transparency is the key. In order to ensure that the public cannot doubt the integrity of our financial journalism, the requirements for disclosure are greater for financial journalists than for other programme makers. These additional requirements for disclosure apply to all financial journalists including presenters, reporters and producers.

The onus is on the journalist to let the BBC know if they have any interests that could give rise to an actual or perceived conflict of interest. Would they or the BBC be embarrassed to read about it in the press? If in any doubt the journalist should talk to their editor.

Declaring Interests

The scope of financial journalism is very wide. Financial journalists may cover stories about finance or business in any area. For this reason all financial journalists must assume that any shareholdings could be connected with programme content. All shareholdings therefore must be declared. Journalists who own any shares or other securities, unit trusts, share options, equity ISAs and PEPs, personal pensions or any other financial instruments must register them with BBC People and with their senior editor or relevant Head of Department. Financial journalists should also register any other business dealings or interests including directorships, stakeholdings or consultancy work and they should name the provider of any personal pension plans. This would include, for example, being a director, company secretary or significant stakeholder in a company, or any consultancy work.

It is essential that all business and financial interests are registered to ensure they are not incompatible with the journalist’s work for the BBC. Interests should normally be declared using the BBC Declaration of Personal Interest Form, a copy of which will be held on the individual’s personal file. Editors and Heads of Department responsible for financial programming should ensure that they have declared all their financial interests to their line manager and that the interests are registered with BBC People.

Any journalist who has failed to register any business interest must do so immediately. When shares or other securities are bought or sold these changes should be registered as soon as possible. This information is held confidentially and acts as a protection to prevent conflicts of interest.

Journalists should not write/broadcast about shares or securities if they know that they, their partners or close family have a significant financial interest unless they have disclosed this information to their editor. If journalists have concerns that they may be working on a story which could involve a conflict of interest they must speak to their Editor or Head of Department as soon as possible. If the editor considers that there could be a real or perceived conflict of interest, the editor should deploy another journalist. In exceptional circumstances, for strong editorial reasons, a journalist may be asked to cover an area where he or she has a significant interest, in this case the interest should be declared on air. All BBC employees are required to follow the BBC’s Conflicts of Interest policy.

Guarding against exploitation of information

Journalists must not use for their own profit any privileged information or financial information they receive in advance of its general publication, nor should they pass such information to others

To maintain their integrity, journalists should not speculate by buying and selling shares on a short term basis if they have written or broadcast about them recently or know that they will be doing so in the near future.

Guarding against on-air promotion

It is essential that financial journalists do not promote, or give the impression of promoting, any business or financial service. However, where editorially justified, references may be made to particular services, businesses or branded products. In some cases it will be editorially relevant to evaluate the advantages and disadvantages of a financial service or product. Financial journalists must always guard against the impression of promoting or plugging particular products or services.

It should be noted that all BBC journalists must conform to the Guidelines on product placement and product prominence set out in Section 14 Independence from External Interests of the BBC Editorial Guidelines.

Legal Restrictions on Financial Journalists

For financial journalists there are additional legal constraints:

It is illegal to promote financial services without proper authorisation from the relevant regulatory authorities. It is vital that no BBC financial journalist ever calls their integrity into question by appearing to promote or endorse any financial product or investment, especially if they or members of their immediate family have a financial interest in that product or investment.

It is illegal to use financial information acquired in advance to trade ahead of the markets.

Guests on Financial News Programmes

Guests speaking on financial news programmes on the BBC are covered by the principles of these guidelines but we do not normally require them to declare a personal interest.

However, in some cases, normally in the area of personal finance, it will be appropriate to seek recommendations by properly qualified persons supported by objective data. If it is known beforehand that they do have an interest in what they are recommending, then on-air disclosure should be considered best practice. They only need to declare any directly held shares or options, futures or other derivatives held in shares not any collective funds like unit trusts. Speakers who are FSA-regulated will know what is appropriate.

When we interview employees of companies about their company’s shares or products, they will not necessarily be expected to be objective as they are speaking from a particular standpoint, but they must be clearly identified on air as employee of the company. Even so, we should guard against any guests on our programmes giving unsupported and blatant plugs for shares or products.

The Market Abuse Directive

The EU’s Market Abuse Directive applies to BBC content. In complying with this directive the BBC is self-regulating. Individuals producing the BBC’s content meet the requirements of the directive by observing the BBC Editorial Guidelines and this Guidance for Financial Journalists.

The Directive refers to the provision of investment advice defined by the legislation as “information that directly recommends the buying, selling, subscribing for or the underwriting of a financial instrument…”

It applies mainly to BBC journalists rather than to guests or pundits.

It covers the unlikely scenario where a BBC journalist would make a direct recommendation or disseminate a recommendation – for example by quoting an analyst or expert who is a “regulated person”. In that event we would be required to state on air that the programme or item was produced under the BBC’s code and provide a link for the audience to find a full version of the guidelines on a BBC website.

If guests make a recommendation they are seen as the disseminator not us. So if a pundit tells us in an interview – ‘buy Tescos’, there is no need to refer to our code. But if we then quote the pundit, in ‘Mr Pundit tells us, “buy Tescos”‘ we are the disseminator and we must include a reference to our code. Unregulated guests like academics are not covered by this requirement. As before, we merely need to ensure that they are not taking advantage of their appearance for personal advantage.

This applies to all BBC content on any platform. Suggested words: ‘This item/programme was produced under the BBC‘s guidelines for financial journalism, a full version can be found at bbc.co.uk/business.’

NB: This directive would rarely, if ever, apply since our position is that we do not make direct recommendations about financial products.

An illustrative example of the care that needs to be taken in this area is provided by the practice on the business online desk which commissions and edits from pieces from outside experts and commentators for the “Money Talks” series on the BBC News website, and explicitly credits them. These pieces must never champion specific financial services or products. Instead, they are required to focus on providing background and information that helps readers to understand the context, benefits and drawbacks of such services and products. All such pieces must be accompanied by an appropriate disclaimer. The disclaimer in use in 2010 says:

The opinions expressed are those of the author and are not held by the BBC unless specifically stated. The material is for general information only and does not constitute investment, tax, legal or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.

Maintaining awareness of these issues

This guidance note will be issued to all newcomers and any changes circulated to all those involved. Journalists are required to remain vigilant in this area, to declare all stock held, bought and sold and on a regular basis to review their Declaration of Personal Interest Forms.

Other Sources of information

The Editor, Economics and Business Centre in BBC News may also be consulted on the issues covered by this Guidance.

Last updated: December 2019

Guidance: Talent Searches and Contestants

Editorial Guidelines issues

This Guidance Note relates to the following Editorial Guidelines:

Fairness to Contributors and Consent
See Editorial Guidelines Section 6 Fairness to Contributors and Consent
Competitions, Votes and Interactivity
See Editorial Guidelines Section 17 Competitions, Votes and Interactivity: Talent Searches and Programmes Offering Life-Changing Opportunities 17.3.37-17.3.42
External Relationships and Financing
See Editorial Guidelines Section 16 External Relationships and Financing

Guidance in full

Screening of Contestants and Duty of Care

General

This advice note is of particular relevance to all those involved in BBC content, which aims to identify and provide opportunities for new and emerging on air and off air talent . Such content may originate from any genre, division and/or platform. Currently this is most likely to emanate from Entertainment, Factual Entertainment and BBC Music.

Talent Searches are distinct from general viewer or listener competitions or quiz based game shows, as they are specifically designed to identify, nurture and reward new and emerging on air talent and off air talent therefore will often offer life changing opportunities, based on a contributor’s skill in a given field. Searches cover a wide range of creative activities – everything from singing and dancing to conducting; painting and stand-up comedy; to fishing ,cooking and entrepreneurial skills. These contests are a detailed process designed to find an ultimate winner with a specific specialist skill over a period of time, usually via a series of performances and/or challenges, which are judged. They are usually mounted as on air events although there are some specific talent searches such as those to find new writers and directors which take place off air. Many of these talent searches take the form of awards e.g. some are bursaries such as The Carlton Hobbs bursary.

Contributors are often put into a competitive environment, for example in front of a judging panel or public vote. Often such shows entail filming or recording over a long period of time with contributors. Some current examples include “The Apprentice”, “The Greatest Dancer”, “Young Musician” and “Dragons’ Den”. and “Masterchef”.

The BBC may mount a Talent Search on its own or with a suitable third party, which may be an individual or organisation with a creative expertise in a specialised area and /or access to specific opportunities that fits with the editorial purpose of the talent search,that the BBC would be unable to provide by itself. The key principles outlined in this guidance apply for celebrity talent searches as well as those for members of the public.

Principles

The following principles apply to all BBC Talent searches:

Any proposal to set up a BBC Talent search must be referred to a Senior Editorial figure at the planning stages
Talent searches must have a clear editorial purpose
Contestants must be treated with respect and not subject to ridicule or humiliation- they should aim to be a positive experience
There should be clear, published terms and conditions, which have been agreed with Commissioning, Production, Business Affairs teams and Editorial Policy
Criteria for judging or nominations must be transparent, clear, fair and consistent
Winners and runners up must have clear written guidance as to how they may make reference to the contest once the result has been published by the BBC
If an award is to be decided totally or in part via a public vote then ITACU must be consulted at an early stage and the guidance and process for audience voting must be adhered to.

See Guidance: Interacting with Audiences

If the Talent Search is to be run in partnership with an outside organisation or individual then:

Our choice of partner must be appropriate and consistent with the editorial aims of the talent search proposed and should not bring the BBC into disrepute:

The BBC’s editorial impartiality and integrity must not be compromised
The BBC must retain editorial control
We should aim to work with a range of partners over time and not unduly favour one above another.

Permissions and Referrals

Talent searches may be complex to set up and may require advice from several specialist areas of the BBC including Editorial Policy, Programme Legal Advice, Marketing and Communications, BBC Policy (Fair Trading), and Business Affairs. If the award involves any use of voting then advice must be sought from ITACU.

Therefore any proposals to set up a BBC Talent search must be referred at an early stage to a senior editorial figure who may refer the proposal to Editorial Policy for specific advice and advice on which other department may need to be consulted,

In particular referral must be made to Editorial Policy if:

There is a proposal to mount a Talent search involving children
There is a proposal to partner with a third party or individual to mount a talent search or to supply the prize
There is a proposal for a commercial third party to supply the prize
The Talent Search involves a bursary or a prize funded by an outside organisation, this must also be approved by the BBC Regulatory lawyers at the outset
The Talent search involves voting or interactivity
The Talent search involves a cash prize.

Advice on how to Set Up and Run BBC Talent Searches

Talent searches may be decided by way of a panel/judges, an audience public vote or a studio audience vote or combination of the three.

An appropriate editorial figure must oversee and be responsible for the running of the Talent Search. Appropriate time and resources must be allocated.

There must be a clear editorial purpose . The prize may be an accolade, with no immediate monetary value or often Talent searches will seek to offer the winning contestant(s) an unique opportunity that aims to further develop their skills.

Conflict of Interest

Contestants should not normally have any close connection to the BBC, the production company or anyone else involved in running or judging the contest. If such a connection emerges during the process, referral must be made to senior management and Editorial Policy.

A clear process must be established to judge the initial round of applications. If there are a high number, entries may be split into groups and judged by separate panels of judges or different members of production. We must always be consistent and in such cases a control mechanism such as an overseeing adjudicator or senior editorial figure must be considered to ensure fairness between panels. Further advice may be obtained from Editorial Policy.

If initial submissions are depended on technology for example audio files uploaded to a website or via social media, regular checks should be made to ensure the platform is operating properly and in the event of technical failure the deadline for applications may need to be extended or alternative entry methods may need to be considered. Productions should consider whether entry methods are fully accessible to the target audience.

Selection of Contestants

Whilst anyone may apply to be considered, subject to the terms and conditions, contestants who are shortlisted must be able to demonstrate that they have a specific skill or talent or the potential to develop on a way that meets the criteria of the contest. Usually we will look for applicants who are new or relatively new to the field we are looking to highlight – generally they will not be professionals or earn more than 50% of their regular income from that activity.

Initial Sourcing of contestants

Often the BBC will be offering a significant opportunity in a particular field and generally we will seek to find contestants from as wide a range of background and experience as possible.

In some cases, where we are looking for highly specialised skills we may need to limit the search to those contestants with specific qualifications or who are already enrolled in specific training.

In a few instances talent searches may be designed to find talent that represents a particular region or nation. In these cases when establishing the talent search it is advisable to contact Editorial Policy in advance as there could be specific issues regarding fair selection.

In some cases productions may wish to target specific communities who may have been traditionally underrepresented in nominations or applications in particular fields or whom it is felt may need specific encouragement to come forward. It is acceptable to target marketing in this way as long as all applicants are then treated fairly and equally, again it is advisable to seek advice.

Selection Process

In many cases the selection process will consist of several stages. Productions may seek to establish a shortlist from the initial applications and in some cases may also wish to proactively cast contestants – here transparency and fairness is important; A shortlist/final winner may be decided by a public vote or a panel or a combination of the two.

Talent searches can only be judged fairly, either by the public or a panel, if clear, consistent and fair criteria are established at the outset and at all relevant stages. These must be outlined in the terms and conditions so that entrants, nominators and judges and also the voting or nominating public are all clear as to the purpose of the search and how it is to be decided.

First stage applications/nominations

Typically applicants will be asked to submit an entry form which could be accompanied by some demonstration of their potential, such as a short video/ audio recording or other example of their creative work or specific skill. Care must be taken to anticipate the likely popularity of the search and allocate sufficient resources to process all applications- all applications must be fairly and equally considered and records should be kept so that this can be demonstrated if required.

Entry/application forms should ask for all relevant information required at this stage. They should be accompanied by the relevant terms and conditions. Advice may be sought from Business Affairs and Editorial Policy and Data Protection advisers. They should always be GDPR compliant. In some cases specialist advice might be required such as specialist legal advice or recruitment employment advice where the prize is a contract of employment such as a performance deal. Although more detailed information may be sought at a later stage, and more detailed terms and conditions may then be issued, applicants must be made aware of any key requirements or rules which could affect their decision to apply, such as age restrictions, references, the right to live and work in the UK, holding a valid passport or driving licence etc.

Nominations

Sometimes the long list is arrived at via third party nominations which maybe from members of the public, a specific community/field of specialists, or a small selected panel. In all cases nominators should be asked to indicate whether they think the person being nominated will consent to take part. Remember this will not equate to personal consent and further checks will need to be made before putting the contender’s name into the public domain.

Auditions/casting stage

Many talent searches require contestants to perform in public and ultimately have their performance judged by a panel or voted on by the public. Usually such contests will have an audition stage which may or may not be included in the final programme. Even where there are not auditions, producers may wish to cast contestants to ensure that a wide range of backgrounds and experiences are showcased and that the range of viewers and listeners are reflected in the range of contestants.

Consideration should be given to the location of auditions if conducting a UK wide talent searches. Providing sites in several locations may be the best way to ensure that the widest range of applicants possible are able to apply.

Again the likely popularity of the contest should be anticipated and enough time and resource allocated to manage the audition process and care of applicants waiting to be seen.

Auditions and casting should have clear, written criteria. Contestants should be clear exactly what is expected of them at all stages and the overall basis on which they are being judged. Whilst we may seek a range of ability and also seek to ensure contestants reflect the range of the audience, all contestants who are selected to go through to the next stage must reasonably have the potential /possibility of winning the contest.

A record should be kept of audition performance at all relevant stages and comments/scores should also be kept. Contestants may request to see evidence of this process at a later date.

It is usually sensible to select a number of standby/runner up contestants to have on standby should any shortlisted applicants withdraw or be found to be unsuitable or ineligible at a later stage

Screening of Contestants and Duty of Care

Talent searches may offer a significant opportunity, in some cases the winner and runners up may get a contract of employment. Even where the prize is an accolade with no monetary or employment value contestants may have the opportunity of showcasing their skills on Television, radio and online and this could lead to other opportunities. Therefore it is likely contestants and in some cases their friends and family and the programmes they are in may come under significant press and public scrutiny and it is important that contestants have been selected with care to ensure that an assessment has been made to establish that they are able to cope with this attention, and also so that we have ensured that being on the talent search is in their best interests and that have any extra support required.

Contestants should be made aware that we are likely to carry out suitable background checks should they reach a certain stage of the contest. These checks will typically include criminal records checks, online reputational checks , employer references , talks with friends and family and sometimes medical checks.

Duty of Care

Duty of care to our contestants is paramount and this is why we have to take great care in selecting, assessing, supporting and monitoring contestants- this is particularly important where we are asking them to perform or appear in competitive situations. The pressure can be increased where these are in front of a panel or audience and also where the programme is live/as live and/or where a public vote is involved. Also where the content is likely to attract attention on social media .

Even if contestants have shown great promise and talent in the initial selection stage, it may still not be in their best interests to take part in or continue in a public talent contest. Therefore in some cases productions should ensure contestants have been seen by a suitably experienced psychologist who is used to dealing with broadcast environments. Any areas of major concern should be escalated appropriately within production and commission and advice may be taken from Editorial Policy. The BBC’s SSR team may also be consulted for advice and for assessing the validity of qualifications. All data should be protected in line with the BBC’s data protection and privacy policies.

In some cases contestants may come from difficult or vulnerable backgrounds however it may be very beneficial for them to be able to express themselves in a creative environment. In order for those contestants to proceed in the talent search extra care, support and safeguards may need to be put in place and productions should plan to bring in extra resources if required.

Particular care should be given where talent searches may involve young contestants ( see also Children Appendix 1)

An ongoing level of care and support may be required throughout the contest and it is recommended that the same psychologist be used throughout the contest for consistency. In some cases in order to fully assess the wellbeing of contestants it will be important for the psychologist to be on location or close at hand.

It may also be important to seek verification of a contestant’s suitability from other professionals such as GP’s, other health or care workers, parents, schools and colleges.

Use of Psychologists [NB this section may be updated later in 2019 following external reviews]

In addition in some cases we may engage a suitably qualified psychologist/ therapist to help us assess a potential contestant’s their suitability for the contest and any extra measures that may be advisable to ensure appropriate duty of care .It is important that such external professionals also have suitable experience of working in a broadcast environment on content of the type proposed. The BBC has a list of professionals who have been used recently and who are experienced in working in broadcast environment, The BBC SSR team can also help advise on the currency of qualifications. [1]

It will be important to establish that external professionals will be able to be available at short notice and also for the likely duration of the talent search including an appropriate period of after care. If this work is to be subcontracted at any stage productions and commissioning should be aware of this at the outset and any subcontractors credentials should also be checked

Use of Social Media (see also Fairness below)

Increasingly we will be encouraging our contestants to make use of social media to engage audiences with the talent search. Not all contestants are familiar or comfortable with this medium and to ensure fairness we should ensure there are resources to help explain how to get the best out of social media.

Social media can sometimes be used in a negative way, contestants should be fully briefed on how to handle social media responsibly and how production can help them in the event of any problems. Sometimes it will be sensible to ask contestants to suspend their social media accounts for the duration of the production – or they may be asked to set up specific BBC accounts so that we can help them manage the traffic and information. This may also be a sensible precaution to preserve confidentiality around the programme.

Contestants who are likely to use/are encouraged to use social media as part of the talent search should be given specific support and social media training and should so be advised on the likely press implications of social media and what to do if there is a problem. If a production is likely to use social media extensively with contestants a briefing session and guidance should be arranged at an early stage of production and if necessary repeated before the final stages.

Background Checks

It is important that suitable background checks are carried out. These should usually all be completed prior to the commencement of recording or finalising the shortlist. In some cases it can take some time for checks to be returned. If production proposes to commence before all checks have been finalised referral should be made to senior management. Contestants should be reminded that it is part of the conditions of entry to give full and honest disclosure of any information reasonably requested and that if it transpires that this was not done they may be eliminated from the contest.

Depending on the nature of the contest, the prize and the makeup of applicants different levels of background checks may be required. For example, whilst it would not be proportionate to require criminal records checks on all members of a choir, we are likely to need to do so for individuals taking part in a contest where there was a significant prize or accolade and/or where they would be showcased for some time on television or radio, or housed with other contestants for a period of time.

All applicants should always be judged on a case by case basis. Our aim should always to be as inclusive as possible. For example, having a criminal record should not necessarily preclude someone from being a talent search contestant. However we should consider relevant factors such as the nature of the offence, the timing, the likely impact on victims and whether the offence and the opportunity of the talent search represent a conflict for example a contestant with a number of convictions for fraud may be a poor fit for a talent search seeking to help contestants set up their own business.

Aftercare

It is essential that productions and commissioning teams factor in at the outset the need for aftercare and that this is properly planned and budgeted for. Considerations will need to include some or all of the points below:

Type of aftercare
Duration
Retention of specialist assistance
An agreed exit strategy to ensure that at a suitable point contestants are no longer dependent on productions but where relevant alternative arrangements have been made to ensure care continues as appropriate
Social media aftercare
Prize administration
Business and career advice

Editorial Policy should be consulted over the proposed Aftercare Plan.

Judging Talent Searches

Fairness

At all times we must be fair to all our contestants. Challenges, tasks, and how these are judged must be accompanied by clear, consistent and fair rules and criteria and these should be explained to the contestants and the audience. This extends beyond the programme into all relevant areas such as how we market, edit and promote the show in the wider media.

Rules and Terms and Conditions

Each contest has to have its own bespoke rules and terms and conditions. In addition there should be clear rules/criteria for any challenges or main stages of the contest. For complex contests it may be advisable to hire a contingency/rules producer to oversee all the terms and conditions and contingencies in the event of a problem or change of circumstance during production.

Method of Judging

Care should be taken over the appropriate method of deciding the finalists and winner of a talent search. Judging may take the form of a panel of experts who may appear on air or behind the scenes, an audience or studio vote, or any combination of the above. Not all searches will be appropriate for a public vote, it will depend on what is being judged and whether specialist knowledge is required or not.

In some cases it will be most appropriate to use a panel to judge contestants. When a judging panel is being established it is important to ensure that the panel shows suitable expertise, range and is free from conflict of interest. They must confirm, in writing, that they have no conflicts of interest; they should not have any close personal or commercial connection to the entrants.

If such a connection emerges once the contest has commenced, then the panel member should normally withdraw. Editorial Policy and Legal Advice should be consulted. It might be necessary to restart judging. It is important that all entrants are judged in a consistent manner in line with the agreed criteria.

This judging system should be clearly explained to the judges, the audience and to entrants via briefings and on air/online announcements and the terms and conditions. The panel should normally include, or be overseen, by a BBC representative to ensure that the BBC remains in editorial control of the running of all of its contests at all stages. ITACU may also be consulted for terms and conditions.

Clear demonstrable criteria should be agreed and issued to the panel well in advice of judging. Contestants should know of all key parts of the criteria on which they are to be judged. Ultimately in most cases judgments will be subjective but they will need to be well founded and stand up to the criteria and scrutiny. The panel should be briefed as to the importance of this and on any agreed procedure.

Where public voting is to take place early advice should be sought from ITACU and Editorial Policy.

See Guidance: Interacting with Audiences

Challenges

Some Talent searches are partially judged via a series of challenges which are designed to put the contestants into a number of different scenarios to test them individually or as part of a group. All such challenges should be fair and care should be taken to ensure that contestants do not have an intrinsic inbuilt advantage or disadvantage which would make the audience or contenders reasonably feel the challenge was unfairly weighted. Where differing skills are to be tested across the run producers should be mindful of the timing of specific tasks across the series and in some cases it may be sensible to consider a random draw or other suitable measures to ensure fairness.

All challenges should be clearly measurable. Whilst judging may involve a degree of subjectivity it can be useful to have a mixture of quantifiable as well as subjective factors for the audience and contenders to understand the basis of the outcome.

Where contestants are being judged in teams the selection of the teams is important and producers should be mindful of how they are to ensure fairness. In some cases teams may have more contestants than others. This may be for sound editorial reasons and may acceptable as long as producers have been mindful of the skill base within teams and adjusted tasks accordingly if required. Consult Editorial policy if in doubt.

Contingency Planning

Talent searches can have many layers and often involve performance and other activity where the unexpected can occur. It is very important therefore to have put in place proper contingency planning for both the overall series and any challenges. It is advisable to have a contingency planning meeting and ensure all specialist advice is taken on board. A contingency document should be drawn up and signed off by all main areas prior to the commencement of production. This should cover key points such as injury, withdrawal, disqualification of contributors, any challenges which result in a draw or have to be abandoned due to external circumstances, technical problems and also voting technical contingencies – ITACU should be consulted here. The use of an experienced contingency producer is also advisable in some formats.

Verification

In some cases where the prize on offer is substantial or prestigious, it may be appropriate to consider putting in place a system of independent verification of the process and final result. For example, some programmes may wish to use an independent solicitor or accountant or suitable verification body. In other cases where there is a judging panel it might be important to ensure the Chair is independent of the BBC and/or any partner organisation. Editorial Policy will advise whether external verification is required and will liaise with ITACU to procure a suitable verifier and/or to ensure any verifier is on then ITACU approved list

Prizes

Sometimes the prize will be the accolade of winning and may have no monetary value other than a trophy.

In other Talent searches it may represent a significant opportunity and value such as a recording contract, a business investment, a concert tour.

In some case the BBC will not by itself be able to offer the opportunity without the assistance of a third party. In such cases we may partner with a suitable third party or individual to source the prize. Examples could include a part in a professional music or dance production; setting up a business enterprise; a concert at a prestigious occasion etc.

All sourcing of donated prizes must accord with the Statement of Policy on Alternate Finance [2]. This is an area which frequently has issues needing specialist advice therefore Editorial Policy and Regulatory Legal must be consulted.

In brief:

Our choice of prize partners should not bring the BBC into disrepute or undermine our impartiality or integrity
We should not give undue prominence to the donors of prizes
Great care should be taken where the prize itself is a commercial opportunity and extra measures may need to be taken to minimise any undue prominence on air when describing the prize
In some cases we should have tendered the prize opportunity
Normally commercial donors of prizes should have no editorial involvement in the programme
Where the donor or partner is an individual who is also Talent connected to the show Editorial Policy must advise to ensure there is no conflict of interest
We must be confident that the prize can be honoured and in the unlikely event of cancellation an alternative should be found
Measures may be needed to avoid any possible conflict of interest.

It is rare for a Talent search to offer a cash prize which is not clearly linked to an opportunity consistent with the editorial ambition of the talent search- any such proposal; should be referred to Editorial Policy.

Use of a BBC Talent Search by Winners and/or Runners Up

It is likely that winners and in some cases, finalists/runners up, may wish to refer to the fact they have won or been runners up in a BBC Talent Search. We also will wish to help them celebrate their success and the opportunities the BBC has helped them achieve. There must be clear information for winners and nominees as to how their involvement and achievements may be referenced after transmission/the completion of the talent search.

This information should be issued to all entrants at an appropriate stage. Adherence to these must form part of the terms and conditions. We must ensure that the terms and condition include the right to withdraw the prize at any stage if it transpires that winners have broken them or if their subsequent behaviour could bring the BBC into disrepute.

It is always useful to give contestants a clear indication of what is permissible and it may be advisable to put together a “winner’s pack” of BBC material which may be used by winners, with accompanying conditions. This could consist of any of the following depending on the nature of the prize, subject to relevant clearances, and in accordance with the BBC Policy (Fair Trading):

An award logo
Relevant short clips and or stills of their entry or appropriate short extracts of the programme such as the announcement of the result
A form of words to describe their success in the Talent Search as agreed by the BBC
Possibly a BBC quote
A certificate, if relevant, which may be displayed in public
A link back to the BBC site to explain the background to the contest and how the end result was arrived at;
In certain very limited cases they may be able to reference the talent search in commercial activities. Any such agreements must be referred to Editorial Policy who will consult with BBC Policy (Fair Trading) and RL &BA: a separate trade mark licence may need to be issued.

Winners will not be allowed to use any elements of the winning pack or refer to the BBC or its programmes and services:

In order to attract external funding
To lobby or campaign;
To attract donations
If the prize is withdrawn

Each case will vary and Editorial Policy, Business Affairs and in some cases BBC Policy (Fair Trading) must be consulted.

Organising Talent Searches with Third Parties

Jointly Run Talent Searches

Further advice should be sought from the BBC Editorial Guidelines Section 16 External Relationships and Financing.

See Editorial Guidelines Section 16 External Relationships and Financing

Any proposal for a jointly run Talent Search must be referred at an early stage to Editorial Policy and the relevant business affairs manager.

The BBC may decide to mount a Talent search with a suitable organisation such as an artistic, industry, or educational institution or charitable foundations.

The choice of partner must be appropriate and editorially justifiable; care must be taken not to unduly promote the partner. All on-air and online references should be editorially justifiable. Even though the Talent search may be jointly organised, the BBC must retain overall editorial control. The partner may not decide the winner.

We do not normally mount Talent searches with commercial organisations. However, it may be possible:

To run a competitive award with a publication or other media organisation for a joint award for skills associated with broadcasting such as journalism, music, writing or drama or other BBC initiative;
For local radio stations to join with a regional publication to organise and present a local award.

When organising an award with a media organisation or publication, it is important that our choice of partner is editorially justifiable and that we take care not to promote the partner on-air.

Normally the BBC will not incorporate the third party name into the title of the programme.

Any proposed exception must be referred well in advance to Editorial Policy.

A contract or agreement will need to be drawn up between the BBC and the outside organisation, which must set out clearly lines of responsibility; must be consulted at an early stage.

A third party may do the following:

Provide Specialist expertise for the judging panel
Help run and publicise the talent search
Provide or run facilities for shortlisted candidates – such as workshops;
Provide part of the overall prize – e.g. a grant or bursary, performance opportunity, publication of a winner’s work.

Appendix 1

Children’s Talent searches and Talent Searches involving Children

All the key principles in the main guidance apply. Great care must be taken with setting up an on screen or on air Talent search involving children. At all times the welfare of the child is paramount. The competitive environment of many talent searches, and the associated public spotlight and profile may not be suited to every child, no matter how skilled they may be. Each case must be considered on its merits even if parents, schools and others may be very keen for the child to be included.

Any proposal to include a child under 16 a talent search also involving adults must be referred to Editorial Policy at an early stage, this may not be appropriate- also there may be specific child licensing considerations. The BBC’s SSR team must also be consulted.

[1] See Guidance on Supporting Contributors in Crisis from BBC Safety Security and Resilience

See also Psychological Well-Being: Guidance for Protecting Contributors from BBC Safety Security and Resilience: Advice for Journalists and Presenters

[2] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016)

Last updated July 2019

Guidance: Coverage of sponsored (non-sports) events mounted by third parties

Editorial Guidelines issues

External Relationships and Funding

See Editorial Guidelines Section 16: External Relationships and Financing

Editorial Integrity and Independence

See Editorial Guidelines Section 14: Independence from External Interests

Summary of main points

Sponsorship arrangements must not give the impression that a BBC licence fee-funded service is being sponsored
Sponsors can pay the costs associated with an event, but nothing towards any element of our broadcast coverage of an event on a licence fee-funded BBC channel
Any credits given should be fair without being promotional
Credits must make clear that it is the event which has been sponsored and not the programme or service
We should not usually include a sponsor in the title of a BBC programme on a BBC licence funded channel
Contracts must refer to this guidance note in order to indicate the limitations of the BBC’s policy on credits
Any proposals should be referred well in advance to the commissioning editor responsible for the coverage. Editorial Policy must also be consulted

Guidance in full

Introduction
Key principles
On-air credits
- – Written credits and programme titles
- – Verbal credits
On–air sponsor signage
- – Signage at awards ceremonies
- – Signage at concerts
Sponsor credits online
Sponsor signage on clothing
- – Arts and Music events
Expeditions
Off-air marketing and publicity
Third Party Charity fundraising events
Tobacco and E-cigarettes

1. Introduction

The BBC has a tradition of covering a wide range of (non- sports) third party events such as concerts, exhibitions and awards shows, many of which are supported by sponsorship. Care must be taken to ensure any reflections of sponsorship of such events, which are to be covered on BBC licence fee funded services is in line with BBC policy.

This guidance supplements the Editorial Guidelines Section 16 External Relationships and Financing. For guidance on BBC on-air events which may take sponsorship please see:

(Guidance: Sponsorship of BBC On-Air or Online Events Broadcast on BBC Public Services)

(See also Guidance: Charitable Appeals)

Referral contacts:

Natalie Christian, Senior Adviser, Editorial Policy

Email: natalie.christian@bbc.co.uk

For further advice on the coverage of sponsored sporting events contact

Debbie Senior, Senior Adviser, Editorial Policy

Email: Debbie.senior@bbc.co.uk

2. Key principles

Sponsorship arrangements must not give the impression that a BBC licence fee funded service or content is being sponsored
We must not accept any funding from sponsors towards the cost of any element of our broadcast coverage of an event on a licence fee funded BBC service or channel. However, they can pay costs associated with the event itself
Funding from event organisers , who are not also sponsors, can only be accepted if they are acceptable co-producers and there is a co-production agreement
A third party sponsored event should be genuinely free standing and not created simply to attract broadcast coverage
The BBC should not allow its coverage to be used as a vehicle for the sponsor’s goods, services or opinions
The choice of the sponsor should not undermine the BBC’s integrity and independence and should not bring the BBC into disrepute.

In our coverage, the following editorial principles apply:

We aim to credit fairly the enabling role of sponsors and any credits given should be fair without being promotional
Any credits must make it clear that it is the event itself which has been sponsored and not give the audience reason to believe that a BBC licence fee funded programme or service has been sponsored
We should not normally include a sponsor in the title of a BBC programme on a BBC licence fee funded channel
Contracts must refer to this guidance to indicate the limitations of the BBC’s policy on credits
We must not give any assurances that we will show a set number of minutes of signage or verbal reflection on air.

Any proposal for on–air coverage ofa third party non sports sponsored event or for on-air and/or online credits for sponsors of third party non-sports events must be referred to the relevant senior editorial figure or, for independents, to the commissioning editor responsible for the coverage. Editorial Policy must also be consulted.

In particular producers must refer to Editorial Policy any proposal to:

Cover an event, anywhere in the world, sponsored by a tobacco or E-cigarette manufacturer
Include express references to sponsors in trails for a BBC programme covering a third party sponsored event
Include the name of the sponsor in the title of the BBC programme covering the event

In addition, any BBC coverage of a third party event sponsored by a BBC publication or BBC commercial service or any BBC coverage of an event mounted by, or in conjunction with, BBC Magazines must be referred in advance to Editorial Policy

3. On-air credits

The BBC aims to credit fairly the enabling role of sponsors. However, it is essential that any BBC on-air credits on publicly funded channels make it clear that it is the event that has been sponsored and not the broadcast of the programme which is covering it.

All decisions on credits rest entirely with the BBC and must be agreed by the relevant Head of Department and Editorial Policy, in conjunction with the relevant Head of Business Affairs.

3.1. Verbal credits

Sponsors may be credited for their support of a third party event or elements of the event such as individual awards at an awards ceremony.

The number of on-air credits acceptable for any sponsor will depend on the total length of coverage. Care must be taken over the number and frequency of sponsor references. Usually there will be no more than one verbal credit for an overall event sponsor in any programme lasting less than an hour; two verbal credits for an overall event sponsor in any programme in a one hour slot and up to three in a two hour slot.

When coverage lasts for many hours or is split over a number of days the Head of Department in consultation with Editorial Policy will decide on appropriate verbal credits.

An overall event sponsor may also sponsor an individual award at the event. In addition other awards may be associated with a sponsor or media partner

It is preferable for these verbal credits not to be given by the studio presenter. For awards ceremonies they are normally given by the host at the event. In some cases they may be given by “behind the scenes” or “red carpet” presenters at the event or in voice-overs.

3.2. Written credits and programme titles

Careful consideration needs to be given to programme titles. In general sponsors names will not be used in the title of the BBC programme covering the event. However in some circumstances if the event organiser has clearly established that the sponsor’s name is an integral part of the official event title, it may be acceptable to include this full event title in the title of the BBC programme covering the event. Examples might include “The Man Booker Prize”.

Proposals to include a sponsor’s name in the title of a BBC programme which is covering the event must be referred well in advance to Editorial Policy.

The sponsor’s logo must not be used in the programme title graphics or in graphics within the programme. Any visual reference in the title sequence to an event logo which includes the sponsor’s logo must be referred to Editorial Policy.

On television there may be a single written reference to the overall sponsor of the event in the end credits. The sponsor’s logo must not be used. Written credits must appear in the same style and type as other programme credits. In some cases the sponsor of an individual award may also be credited, in the same manner, in the end written credits; however this written credit will only be acceptable if the sponsor is not receiving a verbal on-air credit as the sponsor of the award.

4. On-air sponsor signage

There must be no suggestion, either implicit or explicit, that the BBC or BBC programmes endorse any third party organisations or services.

Some signage at the event may indicate that the event has been supported by a sponsor. All reasonable efforts must be taken to ensure there is no undue prominence for the sponsor signage. All reflections of sponsorship at an event must be discussed well in advance with Editorial Policy.

The following principles apply:

Sponsor signage must not detract from the activity being covered
Signage should not incorporate sponsor slogans, promotional messages or their website addresses unless they are part of their actual brand name (for example, “x.com”)
Sponsor signage must never be unduly prominent in television/streamed online coverage.

Care must be taken in choosing shots to ensure that clearly legible sponsor signage is not shown too frequently.

Sponsor signage must not be so prominent that it detracts from the activity being covered, and should not be positioned so that they will prominently appear in “main”[1] shots. Consideration may be given to placing such signage at the back and sides of venues, out of “main” shots. Editorial Policy will advise on the suitability of banners, screens, placards or other signage at any event which is being covered on air or online.

4.1. Signage at award ceremonies

BBC programmes on TV and radio and online sites may sometimes cover third party sponsored award ceremonies. In covering such events, some signage for the sponsor may be acceptable, but all reasonable efforts must be taken to ensure that it will not to be included consistently in the “main” shots (see above).

It is important that the BBC programme does not give undue prominence to a sponsor, while at the same time recognising the need to credit the sponsor’s enabling role fairly. At the earliest opportunity programmes should seek to establish with event organisers an understanding over reflections of sponsorship, in consultation with Editorial Policy and the relevant Business Affairs teams.

The following criteria should normally be applied:

A reflection of the sponsorship may be shown out of “main” shots. It will usually take the form of an integrated logo or “X event supported by Z”;
It may be possible for banners or other signage in the hall or auditorium to carry the sponsor’s name or logo, without reference to the sponsorship of the event. However such banners should only be used if they are likely only to be caught in wideshots.

4.1.1. Podium signage

At an awards ceremony there will often be some form of sponsor signage on the podium. This signage may be normally shown in the middle section of the podium, depending on the design of the podium, as long as it is not reflected constantly in the “main” shot of the presenter.

Any proposals to vary this because of factors such as the length of the event title, design of the podium, lighting etc must be discussed with Editorial Policy before any agreements are made with event organisers.

4.1.2. Other signage

In some cases there may be also be some signage reflecting the sponsorship of the event for example at:

The entrance foyer or in the red carpet area
On side screens, such as monitors used for the audience at the event: such signage should not be caught on camera other than fleetingly in wideshots
In backstage areas such as VIP lounges
Trophies – award sponsor signage on the trophy for a sponsored award is acceptable. But care should be taken not to linger on close ups of any award or trophy which reflects the sponsor’s name, or logo. The sponsor’s logo or name should not be too dominant on the trophy.

Care must be taken oer the use of sponsor’s brand colours particularly in lighting Any other types of reflections of sponsorship at an event must be discussed with Editorial Policy.

4.2 Signage at concerts

4.2.1. Concerts in enclosed venues

Banners and prominent sponsor messages are not common in theatres or concert halls and it is unlikely to be appropriate to show them other than in incidental shots during the main coverage of performances of classical concerts or recitals. The use of screens may be more common

4.2.2. Open-air concerts and open-air events

Depending on the nature of the event there may be a variety of ways in which sponsors of concerts and open air events may be reflected by events organisers. These could include signage on:

Towers and lighting gantries;
Banners around the stage or marquees;
VIP areas;
Flags;
Blimps;
Backstage areas; and
Other items such as balloons.

Whilst any of these might be acceptable, signage should not be so dominant as to distract from coverage of the event or to have such a cumulative presence that it appears like advertising.

5. Sponsor credits online

On occasion, with the approval of the relevant Head of Department, and Editorial Policy , a specific event logo may be used on a BBC webpage with information about the BBC coverage of the event. In such cases where approval in principle has been given the following will apply:

A sponsor’s logo may be used in conjunction with an event logo – it will normally be an integrated event logo;
There must be no more than one logo per page for the sponsor
Links from BBC web pages covering third party events to the sponsor’s online site are only permissible in exceptional circumstances. We should never give the impression we are driving traffic to a site selling a sponsor’s goods or services. However it may be acceptable, for sound editorial reasons, to link to a specific section of a sponsor’s site which is not promotional and which only gives significant and further relevant information about the event. Such links must be approved by Editorial Policy
Any proposal to put a third party’s webcam feed on a BBC website or platform should be referred to a senior editorial figure, or for independents to the Commissioning Editor, who may also consult Editorial Policy.

It is unlikely we would embed a live video stream feed from an event sponsor; any such proposal must be referred to Editorial Policy.

6. Sponsor signage on clothing

6.1. Arts and Music events

All reasonable endeavours should be made to prevent performers in arts and music events from wearing clothing with signage of the event sponsor. This can be a difficult area and advice should be sought from Editorial Policy.

At some non-BBC events staff and technicians working on behalf of the event organisers or the sponsor may be asked to wear sponsor signage on their clothing. It is important that this does not give undue prominence to the sponsor. The production should have a prior agreement with event organisers to limit such signage, to ensure that it is acceptable to the BBC.

BBC staff, presenters and our artists should never wear sponsor signage on their clothing.

7. Expeditions

On occasions the BBC may cover non-sports third party events which take the form of an expedition or challenge. These third party events may be supported by sponsorship. It is essential, however, that any sponsorship arrangements are discussed with the BBC and Editorial Policy at a very early stage before any commitments are given.

The following must be considered:

Expedition organisers must be notified that they may not use the BBC coverage in order to secure sponsorship
Expedition organisers must be notified that they may make no contractual promises to sponsors in respect of on air reflections
The BBC must be notified of clothing or equipment likely to feature on air which has been provided by sponsors so the BBC commissioning executive or BBC executive producer can ensure any likely prominence issues can be identified and resolved before filming takes place
Any sponsor signage on clothing, equipment or elsewhere must be in line with the principles outlined in this guidance and should normally take the form of an integrated event logo
Clearly separated accounts must be kept to show that no sponsor monies have come into the BBC production budget.

8. Off-air marketing and publicity

The BBC must approve any use of BBC material, BBC logos or reference to the BBC or its programmes on any marketing or publicity material issued by an event organiser or its sponsor.

9. Third party charity fundraising events

BBC coverage of an event which supports or is run in association with a charity must not suggest that the BBC endorses one charity above another; the BBC should not be engaged in direct fundraising except for BBC nominated appeals such as BBC Children in Need.

(See Guidance: Charitable Appeals)

10. Tobacco and E-cigarettes

We will not sign any contracts or enter into any agreements to reflect tobacco or E-cigarette sponsorship in any events that we cover on air.

[1] The “main shot” of the presenter at an awards event is the normal close up shot which is frequently used when the presenter is directly addressing the camera or when the awards are being presented. Usually this shot shows the top half of the presenter’s body when standing at the podium at an awards ceremony.

Last updated July 2019

Guidance: Crediting and labelling external relationships

Editorial Guidelines issues

This Guidance Note relates to the following Editorial Guidelines:

Independence from External Interests
See Editorial Guidelines Section 14 Independence from External Interests, including 14.1: We must not give undue prominence to products, services or trade marks, though we can refer to them and credit them where it is editorially justified.

External Relationships and Financing
See Editorial Guidelines Section 16 External Relationships and Financing, including 16.1: To be fair and transparent in our partnerships and other external relationships, the nature of the relationship must be appropriately signalled to the audience.

Advertising and Sponsorship
See Advertising and Sponsorship Guidelines for BBC Commercial Services

Guidance in full

The BBC seeks to offer fair and appropriate attribution to third parties that it is involved with. Any form of labelling, especially credits or logos, for an external organisation must be appropriate and editorially justified. To be fair and transparent in our partnerships and other external relationships, the nature of the relationship must be appropriately signalled to the audience.

Production Credits

These are to recognise editorial or creative input. They may be for BBC staff and other staff or they may involve co-productions or independent productions.

On Television, BBC Commissioning has guidance on credits and branding which includes advice on on-screen credits for third parties and details of what categories can be used in opening and closing credits [1]

Online, to avoid undue product prominence, credits should not routinely sit on the thumbnail image:

The number of credits listed should not normally exceed one screen
They may sit on a separate credit page accessed via a “credits” link on the site’s home page, although not in the main navigation of the site.

Editorial Partnerships

To be fair and transparent the following labels to describe editorial partnerships are likely to be appropriate:

“This is a partnership between the BBC and XXX” or “This is a collaboration between the BBC and XXX”.

The phrase “in association with” may cause confusion with commercial sponsorship since this is one of the permitted phrases used by BBC Commercial Services to refer to sponsorship arrangements. UK Public Services must not broadcast sponsored editorial content or carry advertising [2] (although the BBC has specific permission to accept sponsorship for BBC events) [3] .

(See Editorial Guidelines External Relationships and Financing 16.1 and 16.3.9 and 16.3)

To be fair and transparent but to avoid undue product prominence, for short form content one verbal announcement or label acknowledging the editorial partnership is normally appropriate. For long form content two or more acknowledgements may be appropriate, depending on the length of the piece.

(See Editorial Guidelines Section 14 Independence from External Interests 14.1 and 14.3.1-14.3.5)

Online a label at the top of the appropriate page may be acceptable. Any proposed use of a logo may be discussed with Editorial Policy.

Partners will often wish to refer to the partnership in their social media. This should be discussed at the outset of the project and agreed between the partner and the BBC.

Co-Productions

A co-producer may have involvement with the editorial content and it may also be a partner.

(See Editorial Guidelines External Relationships and Financing 16.3.13)

For transparency, in crediting a co-producer it is helpful to use the words “A co-production between”. Any other reference within the editorial content should be editorially justified.

Sponsorship for Public Service Events

See the guidance for Public Service Off-Air events for details.

(See Guidance for Public Service Off-Air Events)

Sponsorship for Commercial Sponsorships

All sponsorship arrangements must be signalled clearly and transparently through the use of a sponsorship credit.Sponsorship credits must meet the Advertising and Sponsorship Guidelines for BBC Commercial Services.

Please note that the sponsorship credit should normally use the term “sponsored by” or “in association with”, unless this is not established practice in the particular market.

(See Advertising and Sponsorship Guidelines for BBC Commercial Services 4.17-4.25)

External Funding for BBC World Service Group

External funding arrangements must be made clear with an informational and non-promotional acknowledgement. The acknowledgement must not suggest that the programme has been made by the external funder. To avoid promotion of the funder, no external funder logos may be used. The acknowledgement must meet the Editorial Guidelines.

(See Editorial Guidelines Section 16 External Relationships and Financing: 16.3.54)

Digital Platforms: Other References to External Relationships

Editorial references to third parties companies on digital platforms should not normally contain any use of their logo. Any exceptional use must be editorially justified.

A logo is not generally acceptable as a form of credit. On Public Services exceptions include a single use in credits for a co-production. (See above: Co-Productions)

Suppliers

Public Services should never promise to feature a supplier’s details online in return for the supply of free or reduced cost products or services.

(See Editorial Guidelines Section 14 Independence from External Interests 14.3.13 and 14.3.22

[1] See BBC Commissioning Credits and Branding

[2] The BBC must not, without the prior approval of the appropriate Minister, include any sponsored material in any of its services. Broadcasting: An Agreement Between Her Majesty’s Secretary of State for Culture, Media and Sport and the British Broadcasting Corporation 2016 Clause 50 (2)

[3] Statement of Policy on Use of Alternative Finance in BBC Content (Clause 49 (4) of the BBC Framework Agreement 2016)

Last updated July 2019

D-K

Guidance: Use of drones

Editorial Guidelines issues

This guidance note discusses the considerations around the use of drones for filming.

This guidance note should be considered in conjunction with:-

the UK Civil Aviation Authority Guidance Notes and
the BBC Safety guidelines for drones.

The note also relates to the following Editorial Guidelines

Privacy
See Editorial Guidelines Section 7 Privacy (in particular 7.3.25)
Fairness to Contributors and Consent
See Editorial Guidelines Section 6 Fairness to Contributors and Consent
Safety
See Editorial Guidelines Section 5 Harm and Offence
Data Protection
See Editorial Guidelines Section 18 The Law 18.4.8

Key Points

Where a drone is used by a BBC remote pilot, it should normally be flown in accordance with the country’s aviation regulations, unless there is a public interest for not doing so. In a war zone, for example, it may not be possible to seek permission to fly.
In the absence of country-specific drone regulations, operators should aim to follow the UK Civil Aviation Authority standards.
In the UK, the BBC remote pilot should abide by the CAA regulations and follow the BBC drone operations manual.
Remote pilots intending to fly a drone for filming in the UK are required by the CAA to have a Flyer Identification, Operator Identification and valid insurance. In some circumstances where the risk to other persons or other air traffic is greater (called “Specific category” operations), Operational Authorisation by the CAA will also be required.
The Editorial Guidelines state, “Any proposal to gather material using a drone must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.”
Drones can be ‘highly privacy intrusive’ and a privacy impact assessment may be necessary to comply with the Information Commissioner’s Office guidance and data protection legislation.
Drones should not normally be used to identify individuals without their consent or capture close-up images of private areas such as houses, gardens or offices without the consent of the owner, unless these areas can be seen from a public vantage point or there is a public interest in showing them.
When assessing whether to use user generated content filmed from a drone, we should consider whether the drone flight was conducted legally. For a UK drone flight this should normally include asking the pilot for details of their Flyer Identification, and Operator Identification. In some circumstances, details of Operational Authorisation by the CAA, (see above) and valid insurance should also be sought.
Where the BBC is offered user generated content and it appears the drone flight put the safety of people or property at risk or has otherwise been carried out illegally, including a breach of aviation regulations, any use of the footage gathered must be justified in the public interest.
If in any doubt about the safety or legality of the flight, refer the UGC footage to a BBC trained remote pilot.
The BBC should not normally ask a contributor, or third party, who does not have Flyer Identification, Operator Identification, valid insurance and, where required, Operational Authorisation, to conduct a flight or gather footage from one on our behalf.
The remote pilot is legally responsible for the safety of each flight and must take all possible measures to mitigate the risks of a collision.

Guidance in Full

Mandatory Referrals

(Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.)

The Editorial Guidelines state, “Any proposal to gather material using a drone must be referred to a senior editorial figure or, for independents, the commissioning editor.” Any proposal to use a drone should be conducted in accordance with the Editorial Guidelines. (See Editorial Guidelines Section 7 Privacy 7.3.25)
Any proposal to purchase a drone or operate a hired one yourself must be referred to BBC Safety.
Any proposal to broadcast footage, including UGC footage, where the drone operation has put the safety of people or property at risk or has been carried out illegally, including in breach of aviation regulations, must be referred to a senior editorial figure, or for independent production companies, to the commissioning editor who may consult Programme Legal Advice and, if necessary, Director Editorial Policy and Standards.
Any proposal to pay for such footage (see bullet point above) must be referred to a senior editorial figure or for independent production companies, to the commissioning editor before negotiations on payments are conducted. In the Nations referrals must be made to Heads of News and Current Affairs. Referral must also be made to Editorial Policy. Programme Legal Advice may also be consulted.

Aviation Regulation

Where a drone is used by a BBC remote pilot, it should normally be flown in accordance with the country’s aviation regulations, unless there is a public interest for not doing so. In a war zone, for example, it may not be possible to seek permission to fly.

Failure to adhere to a country’s aviation regulations could lead to criminal prosecution.

In the absence of country-specific drone regulations, remote pilots should aim to follow the UK Civil Aviation Authority, (CAA) standards.

In the UK, the BBC remote pilot should abide by the CAA regulations and follow the BBC drone operations manual.

Remote pilots, intending to fly a drone in the UK for filming, are required by the CAA to have Flyer Identification, Operator Identification and valid insurance. In some circumstances, where the risk to other persons or other air traffic is greater (called “Specific category” operations), Operational Authorisation by the CAA will also be required.

This also applies to third party operators hired by the BBC to fly a drone on our behalf, including freelance camera operators. (A list of preferred BBC suppliers can be found here.)

Other bodies, such as the emergency services, highways agencies or local authorities may also impose further restrictions.

In addition, drone operators need to be aware of no-fly zones or temporary bans.

The Editorial Guidelines state, “Any proposal to gather material using a drone must be referred to a senior editorial figure or, for independents, the commissioning editor.” Any proposal to use a drone should be conducted in accordance with the Editorial Guidelines.

(See Editorial Guidelines Section 7 Privacy 7.3.25)

Any proposal to broadcast footage, including UGC footage, where the drone operation has put the safety of people or property at risk or has been carried out illegally, including in breach of aviation regulations, must be referred to a senior editorial figure, or for independent production companies, to the commissioning editor who may consult Programme Legal Advice and, if necessary, Director Editorial Policy and Standards.

Legal advice on filming with drones is available from Programme Legal Advice.

Privacy

The versatility of drones and their ability to operate without the constraint of walls or fences means they can easily access private spaces. The Information Commissioner’s Office (ICO) has warned broadcasters that their use of drones can raise privacy concerns as individuals are unlikely to realise they are being recorded or able to identify who is in control. The ICO suggests that while individuals may not be identifiable from a wide aerial shot, they might still be identifiable from the context in which they are filmed [1].

Whether privacy will be infringed depends on where the drone will be flown and the images it captures.

Flying a drone in a public space like a park, is unlikely to lead to a breach of privacy where individuals in wide general views are not identified or featured and are not doing anything inherently private.

However, filming someone’s home or flying over their back garden, particularly if it can’t be seen from a public vantage point, and filming it, may be akin to filming through their window.

Consideration needs to be given to whether a property owner or landowner has a reasonable expectation of privacy in their commercial land or buildings. People’s expectations of privacy in, for example, schools, prisons, care homes, hospitals are also higher.

Some behaviour, such as receiving medical treatment, also attracts a higher expectation of privacy.

Any breach of privacy needs to be justified in the public interest.

(See Editorial Guidelines Section 7 Privacy: Introduction – Legitimate Expectations of Privacy & Section 1 The BBC’s Editorial Standards: The Public Interest)

Where privacy is inadvertently infringed, steps should be taken to disguise identities.

Before planning a drone operation, users should consider the following:

Is it necessary and proportionate for the recording to be continuous?
Can the camera on the drone be switched on and off or re-directed so that privacy is not unnecessarily infringed if the aircraft captures images of people, property or land that is of no interest to the production?
Are there ways of restricting the view or changing the angle of the lens to avoid capturing images where privacy may be unjustifiably breached, if for example the drone has to fly over someone’s back-garden?
Should a different take-off position or route be considered?
Does the production need to provide information to make people aware drones are in use by the BBC or the purpose of filming? This might include the following:

– Staff wearing highly visible clothing identifying themselves as BBC drone operators.

– Signage in the area where the drone is being flown.

– Information on posters or tickets at a live event or outside broadcast or similar.

– Using social media to explain that filming is taking place from a drone in a defined area.

There is no need to warn people that they might be filmed if individuals are not going to be identifiable from the footage because the shot is too wide.

Whether an area needs to be cordoned off to prevent anyone entering.

Data Protection

There could be data protection issues arising from using drones for filming. The Information Commissioner’s Office has issued guidance on this in its Video Surveillance Guidance. Where someone’s privacy might be infringed without a strong public interest justification, or the use of drones is unexpected you may need to consider conducting a privacy impact assessment and you should refer to Information Rights on Gateway for more advice.

(See Editorial Guidelines Section 18 The Law: Data Protection18.4.8)

Consent

Permission to Fly

A remote pilot where practicable should have the permission of the person in charge of the site from which they wish to take-off and land the drone.

Flying over private property, irrespective of whether the drone is filming or not, may also raise legal issues including trespass and nuisance. Property owners have rights in respect of their airspace above their property and you may need to seek permission from the owner.

Further advice is available from Editorial Policy and Programme Legal Advice.

Editorial Consent

The need for consent will depend on what is being filmed.

Where we are filming in public or semi-public places, such as railway stations, we do not normally obtain consent from individuals who are incidentally caught on camera as part of a general view, unless they are engaged in an activity where they have a legitimate expectation of privacy.

We normally obtain consent before filming on private property.

Programmes which rely on access to an organisation’s land or property should include consent to overfly that land or buildings in any agreement.

Drones should not normally be used to capture close-up images of individuals without consent, or private areas such as houses, gardens or offices without the consent of the owner, unless they can be seen from a public vantage point, or there is a public interest in showing them. If consent is not obtained, any proposal to use a drone for such footage should be regarded as a proposal for secret filming (see Investigative Use and Secret Recording below).

(See Editorial Guidelines Section 7 Privacy: 7.3.1-7.3.6 & Section 6 Fairness to Contributors and Consent)

Investigative Use and Secret Recording

Drones may be used for investigations where there is an evidential purpose in the footage to be obtained and providing there is a strong public interest justification for any intrusion of privacy. For example, drones could be used to document illegal activities such as fly tipping, smuggling or illegal agricultural conditions where evidence could not be acquired without the use of an aerial vehicle. According to the Editorial Guidelines, any proposal to film with a drone that risks infringing privacy should be regarded as a proposal for secret filming which must be approved in advance, through the usual process. The forms for secret recording for News and Current Affairs and Factual Programmes and Comedy and Entertainment Output can be found here.

(See Editorial Guidelines Section 7 Privacy: Secret Recording)

(See Guidance: Secret Recording)

Any proposal to use a drone for surveillance, or to follow the subject of an investigation or hover outside a window where a meeting is taking place, should only be approved if there is any evidential purpose which is in the public interest to reveal.

UGC and Third Party Content

Increasingly we are being offered footage filmed by hobbyists using drones as well as agencies flying similar aircraft on a commercial basis.

Usage

We should take reasonable steps where necessary to verify such footage.

We should also consider its provenance including whether the drone operation:

was conducted legally,
put the safety of any person or property at risk,
involved any intrusion into privacy or secret recording,
involved any trespass or
involved any infringement of other property rights like nuisance.

For a UK drone flight you should normally ask the pilot for details of their Flyer Identification and Operator Identification. In some circumstances details of Operational Authorisation by the CAA (see above) and valid insurance should also be sought.

If user generated or third party content has been gathered by recklessly or wilfully endangering people or property, or by breaking the law, the BBC may decide not to broadcast it. Examples of this may include where a hobbyist has flown a drone in a no-fly zone, over large public gatherings or has prevented fire fighters from flying helicopters to deal with forest fires.

Where it appears to us that a drone operation has put the safety of people or property at risk or has otherwise been carried out illegally, including in breach of aviation regulations, any use of the footage gathered must be justified in the public interest. Any proposal to broadcast such footage must be referred to a senior editorial figure, or for independent production companies, to the commissioning editor who may consult Programme Legal Advice and, if necessary, Director Editorial Policy and Standards.

Use of user-generated drone footage which intrudes into an individual’s private life without consent must be justified in the public interest.

(See Guidance User Generated Contributions)

(See Editorial Guidelines Section 1 The BBC’s Editorial Standards: The Public Interest)

The Editorial Guidelines require that Editorial Policy is consulted over any proposal to use secret recordings made by third parties prior to approval by a senior editorial figure or for independent production companies, by the commissioning editor. This may include user-generated drone footage which amounts to secret recording.

Any proposal to use secret recordings made by third parties, including user-generated drone footage, must be conducted in accordance with the Editorial Guidelines.

(See Editorial Guidelines Section 7 Privacy 7.3.21 Secret Recordings from Third Parties)

If we propose to use user-generated drone footage and it appears that the person in charge of the drone is at risk of investigation or prosecution in relation to their footage, they should be made aware of this risk and be prepared to accept it.

(See Editorial Guidelines Section 6 Fairness to Contributors and Consent 6.3.18-6.3.21Safety and Welfare of Contributors)

We should ensure that user generated drone footage is clearly identified as such or attributed to an appropriate third party.

The BBC should not normally ask a contributor, or third party, who does not have a Flyer Identification, Operator Identification (or Operator Authorisation if required) and valid insurance, to conduct a flight or gather footage from one on our behalf.

Payment

We only pay in exceptional circumstances for material supplied by members of the public. Where material is particularly editorially important or unique and depicts something of great significance, we may consider making an appropriate payment. Any proposal to pay for footage where the drone operation has put the safety of people or property at risk or has otherwise been carried out illegally, including a breach of aviation regulations, must be referred to a senior editorial figure, or for independents to the commissioning editor before negotiations on payments are conducted. In the Nations referrals must be made to Heads of News and Current Affairs. Referral must also be made to Editorial Policy. Programme Legal Advice may also be consulted.

(See Guidance, User Generated Contributions: Payment for material/copyright)

Safety

The remote pilot is legally responsible for the safety of each flight. You should not fly your aircraft in a way that could endanger people or property. The potential hazards increase with the height, altitude and speed of the aircraft. But even very small drones could be dangerous when flown in close proximity to people or property or other aircraft. You must take all possible measures to mitigate the risks of a collision

It is a requirement of BBC Safety that you consult a safety adviser for any proposal to purchase a drone or operate a hired aircraft yourself.

Further information about BBC Safety Guidelines for drones can be found here.

[1] ICO, Unmanned Aerial Systems (UAC) / Drones, accessed 18 March 2022

Last updated March 2022

Guidance: Election guidelines archive

Contents

By-election archive
Local Election Guidelines 2023
Election Guidelines 2022 – English Version
Election Guidelines 2022 – Welsh Version
Election Guidelines 2021 – English Version
Election Guidelines 2021 – Welsh Version
Election 2019 Guidelines
Election 2015 Guidelines
EU Referendum Guidelines 2016
Election Guidelines 2016
Northern Ireland Assembly Election Guidelines 2017
Local Election Guidelines 2017
General Election Guidelines 2017
Election Guidelines 2018
May 2019 Local Elections in England and Northern Ireland
European Election Guidelines 2019

Last updated May 2023

By-election archive

By-election Guidance, Stretford and Urmston

The by-election in Stretford and Urmston will take place on 15th December 2022.

For those planning coverage, advice is available from Ric Bailey or Matthew Eltringham; see, in particular, Section 4 of the Guidelines for Westminster elections: https://www.bbc.com/editorialguidelines/general_election_guidelines_221119.pdf

On polling day, see Section 8: https://www.bbc.co.uk/editorialguidelines/documents/2022_electionguidelines.pdf

Parliamentary By-election in City of Chester constituency

Polling takes place on 1st December 2022 – the guidelines for polling day can be found here:

On polling day, see Section 8: https://www.bbc.co.uk/editorialguidelines/documents/2022_electionguidelines.pdf

Advice can be obtained from Ric Bailey or Matthew Eltringham.

Local Election Guidelines 2023

https://www.bbc.co.uk/editorialguidelines/documents/2023local-election-guidelinesengni.pdf

Election Guidelines 2022 – English Version

https://www.bbc.co.uk/editorialguidelines/documents/2022_electionguidelines.pdf

Election Guidelines 2022 – Welsh Version

https://www.bbc.co.uk/editorialguidelines/documents/canllawiau_etholiad2022_cymraeg.pdf

Election Guidelines 2021 – English Version

https://bbc.com/editorialguidelines/documents/may2021-electionguidelines.pdf

Election Guidelines 2021 – Welsh Version

https://bbc.com/editorialguidelines/documents/canllawiau-etholiad-2021-cymraeg.pdf

Election 2019 Guidelines

https://www.bbc.co.uk/editorialguidelines/documents/2019genelectionguidelines.pdf

Election 2015 Guidelines

http://downloads.bbc.co.uk/rmhttp/guidelines/editorialguidelines/pdfs/2015_Election_Guidelines.pdf

EU Referendum Guidelines 2016

http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/Appendix-8.pdf

Election Guidelines 2016

http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/2016ElectionGuidelines.pdf

Northern Ireland Assembly Election Guidelines 2017

http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/2017NI-ElectionGuidelines18-01-17.pdf

Local Election Guidelines 2017

http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/2017localelectionguidelines.pdf

General Election Guidelines 2017

http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/2017generalelectionguidelines.pdf

Election Guidelines 2018

http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/electionguidelinesmay.pdf

May 2019 Local Elections in England and Northern Ireland

http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/May2019elections.pdf

European Election Guidelines 2019

http://downloads.bbc.co.uk/guidelines/editorialguidelines/pdfs/2019Europeanelectionswithappendix.pdf

Guidance: Re-use of factual content featuring illegal or anti-social behaviour

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Fairness to Contributors and Consent

See Editorial Guidelines Section 6 Fairness to Contributors and Consent: 6.3.1 and 6.3.3

Privacy

See Editorial Guidelines Section 7 Privacy 7.1 and 7.3.1 – 7.3.9

Reporting Crime and Anti-Social Behaviour

See Editorial Guidelines Section 8 Reporting Crime and Anti-Social Behaviour 8.3.29- 8.3.30

Re-use, Reversioning and Permanent Availability

See Editorial Guidelines Section 13 Re-use, Reversioning and Permanent Availability 13.3.11 – 13.3.17

Summary of key point

Content depicting illegal or anti-social behaviour may have a clear public interest purpose on first transmission. However, that public interest may diminish with the passage of time, and any re- broadcast/publication after first transmission must be considered case by case

Guidance in full

This guidance note sets out some criteria for deciding whether content depicting illegal or anti- social behaviour should anonymise individuals or edit out sequences for repeats well after first transmission. It sets out the considerations when deciding whether behaviour is such that reusing its depiction is unduly intrusive. It applies not only to repeats on traditional channels, but also to other forms of re-use such as sales of content in full or in part.

The BBC makes observational documentary style programmes showing the work of law enforcement agencies and officials who implement court judgements. Such programmes are both popular, and part of the BBC’s function of scrutinising the actions of public officials and bodies. As such, they often show individuals committing crimes or behaving anti-socially, or reveal information which raises questions of legitimate expectations of privacy.

Normally the BBC obtains informed consent from individuals appearing in our factual content. People recorded committing or admitting to an offence or anti-social behaviour have a reduced legitimate expectation of privacy (which will normally be outweighed by the public interest in exposing such behavior on first transmission), so will not normally be asked for consent. Nor should we conceal their identity, unless it is editorially justified or legally necessary to do so.

(See Editorial Guidelines Section 6 Fairness to Contributors and Consent 6.3.3)

Additionally, the public interest in the work of law enforcement or other public services, and broadcasters right to freedom of expression must be taken into account when determining whether a breach of privacy is warranted. There may be good reasons to depict, for example, the work of the police, but the strength of the argument for repeating material showing an individual being arrested or questioned will decline with time.

Repeats/re-use, particularly more than a year after the first broadcast, must be handled with care. Content depicting illegal or anti-social behaviour may have a clear public interest purpose on first transmission. However, that public interest may diminish with the passage of time, and any re- broadcast/publication after first transmission must be considered case by case. That may require discussion with production, a senior editorial figure in the TV and Media Operations team (if they are involved) and Editorial Policy.

Channel controllers/schedulers should always be aware that repeating certain types of content is not straightforward and can throw up problematic editorial issues. Such content includes that involving the police and emergency services, consumer content exposing questionable behaviour, investigations, content depicting the work of court enforcement officials such as bailiffs, and other content where the impact of the rebroadcast on a contributor will need consideration.

There are separate considerations if any content was secretly recorded.

(See Editorial Guidelines Section 13 Re-Use, Reversioning and Permanent Availability: 13.3.16)

Matters to be considered include:

Circumstances of recording

Consideration must be given to the circumstances of the recording. Is the individual concerned in a sensitive situation, such as being arrested or undergoing medical treatment or in a place which is itself sensitive, such as a hospital, school, prison or police station? Did the recording take place in a private place, a semi-public place or in a public place?

The individual concerned

Are they an adult, young person or child? If an adult, is the individual a vulnerable person and/or capable of giving informed consent?

See Guidance: Working with Vulnerable Contributors

State of mind of individual concerned

Was the capacity of the individual concerned to notice or deal with the fact of being recorded impaired? Were they, for example, drunk, unconscious, under the influence of drugs, or in the immediate aftermath of a traumatic event, such as being mugged or involved in an accident?

Nature of misbehaviour depicted

Just how anti-social or criminal is the behaviour depicted ? Would it attract a criminal charge? If so, was the individual concerned convicted?

Nature of programme

Ofcom has made clear that the nature of the programme is a matter for the broadcaster. Material may be presented in a popular and engaging format, and any breach of privacy must be considered on its own merits, regardless of the nature of the programme.

Last updated July 2019

Guidance: Links and feeds

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Accuracy
See Editorial Guidelines Section 3: Accuracy

Impartiality and Diversity of Opinion
See Editorial Guidelines Section 4: Impartiality and Diversity of Opinion

Harm and Offence
See Editorial Guidelines Section 5: Harm and Offence

Re-use and Reversioning
See Editorial Guidelines Section 13: Re-use, Reversioning and Permanent Availability

Independence from External Interests
See Editorial Guidelines Section 14: Independence from External Interests: Third-Party Platforms 14.3.20 and Transactional Links from Public Service Platforms to Commercial Products

External Relationships and Financing
See Editorial Guidelines Section 16: External Relationships and Financing

Key points

All links on the BBC Public Service site or on the editorial pages of a BBC Commercial site must be editorially justifiable
When audiences use BBC Online, they need to be confident that our decisions on links and feeds are influenced neither by political or commercial pressures, nor by any personal interests.
A link must never be included on the Public Service site or within the editorial content of a commercial site in return for cash, services or any other consideration in kind.
An external site which is a candidate for a link should, generally, be relevant to the BBC content from which a link is envisaged; meet the expectations of the likely audience.
The producer must check the contents of the external site before adding a link to a BBC page.
In order to maintain impartiality, BBC sites which cover matters of controversy or public policy may offer links to external sites which, taken together, represent a reasonable range of views about the subject.
For programme support pages, an external link should be justified by the relevance and value of the material to the programme’s viewers and listeners.
When linking to any commercial site, great care must be taken to avoid giving the impression that the BBC is endorsing a commercial product or service.
Links from individual pages on the Public Service site to the BBC’s Commercial sites are acceptable only when clearly editorially justified.
It is likely to be editorially justifiable to link directly to the source of tickets if the event for which the tickets are being sold is a BBC Event. If not, a link to eg the band’s own site would be editorially justifiable, from where a user can click to the ticket agency’s site.
Before offering automatically generated links to external sites from BBC content, a number of factors should be considered, including the genre of editorial content, the ability to select from appropriate recognised and reputable sources and how to remove links from specific stories quickly.
Pulling third party feeds onto BBC Online pages is more editorially sensitive than linking externally, because users are more likely to expect the feeds to have been through a rigorous editorial examination and to comply with BBC editorial standards.
The person responsible for the page on which a feed or embed appears will be responsible for the content from that feed or embed.
When we take in content from an external supplier, we should be transparent about this with our users.
We should be clear about what our users can do and where they should go if they see a mistake or find something offensive.
It should be clear to a casual user that an inbound embed (for example, of video from a social networking site) is not under the editorial control of the BBC and is not primarily the responsibility of the BBC. But we are responsible for deciding what non-BBC content to embed on BBC pages and we should be alert to the possibility of the original content being changed or removed and to rights issues.

Guidance in full

Part 1: Links

Part 2: Inbound feeds and embeds

Part 1: Links

Scope

This Guidance Note is designed to help you select and manage suitable external links to other sites from BBC Online. It is also designed to help you select and manage suitable inbound feeds and other online sources of third-party content for publication on BBC Online.

For advice on distribution, including syndication, see Editorial Guidelines Section 16 External Relationships and Financing: Distribution.

See Editorial Guidelines Section 16 External Relationships and Financing: Distribution 16.3.14 – 16.3.16

Introduction

The BBC’s global reputation is based on its editorial integrity and independence. Our audiences need to be confident that our decisions are influenced neither by political or commercial pressures, nor by any personal interests. We must not undermine these values by any actions which could bring the BBC into disrepute.

The Editorial Guidelines state that:

our impartiality, editorial integrity and independence must not be compromised by outside interests and arrangements we must maintain independent editorial control over our content
we must not give undue prominence to products, services or trade marks, though we can refer to them and credit them where it is editorially justified
The BBC will not accept product placement on its UK Public Services, and Public Services must not endorse or promote any other organisation, or its products, services, trade marks, activities or opinions. While our Commercial Services must not promote products, services and trade marks in their content, they can make reference to another organisation, its products, services, trade marks or activities as part of a commercial arrangement. If they do, they must follow the guidelines on product placement, and on advertising and sponsorship which explain that it is not appropriate to make deals with some types of organisation.
on air and online credits must be clearly editorially justified
(See also Editorial Guidelines Section 14: Independence from External Interests: Introduction 14.1 and Logos and Credits Online 14.3.21)

Links to external sites

Whenever producers are creating content on a BBC site, they should actively consider which external websites it may be editorially justifiable to link to.

Editorial justification for linking to external sites

Producers may wish to offer links to external sites for a number of reasons, including:

for further relevant information
for further background information or other key source material
for useful practical information
for further informed comment

A link must never be included on the public service site or within the editorial content of a commercial site in return for cash, services or any other consideration in kind.

All links on the BBC Public Service site or on the editorial pages of a BBC Commercial site must be editorially justifiable and suitable for the intended audience – particularly children.

Links are not acceptable as a form of credit.

Editorial checks

Producers must check the contents of the site which is signposted before adding a link to a BBC page, although responsibility for including the link lies with the relevant editor.

Where this is practical, we should consider ways to make it easy for users who find broken, stale or inappropriate external BBC links to report these to us so that we can check, update, replace or remove them.

Disclaimers

Where we publish a list of links we should add the standard disclaimer to the effect that “the BBC is not responsible for the contents of any other sites listed”. If the links are to controversial or challenging material, it may be appropriate to add a specific disclaimer and more information, closer to the links, even when there are only one or two links on a page. For “in story” links to such material, for example to very sensitive content such as a gruelling account of torture, it may be helpful to alert the user to this, in context, as part of telling the story.

Links to sites which do not share BBC editorial values

Context is important in deciding whether a link is appropriate and it is often useful to explain why we are offering the link. In some cases we may offer a link to a site which does not share our editorial values, but which offers a useful insight. For example we might link from a current affairs page to the site of a government-run national news agency so that the user can see the precise words used in a government statement.

Controversial content

We must be duly impartial. BBC sites which cover a controversial or public policy matter may offer links to external sites which, taken together, represent a reasonable range of views about the subject. We should ensure that when we link to third party sites that we take into account any concerns about potential breaches of the law, for example, defamation or incitement to racial hatred.

Where content is likely to cause serious offence to some users and yet there is a strong editorial justification for covering the story, it may be editorially justifiable for the BBC to link to the relevant site rather than to host the content ourselves.

Charities

Links to charity sites have to be based on sensible editorial criteria. If one charity is in the news, it may be appropriate to establish a link to the site of that charity. But we must take care not to promote one charity above another. If we are giving advice or general information about the subject and wish to refer to a charity and there is a range of charities working in the field, we should normally link to the other significant charities working in the field as well. This guidance applies to online links offered by BBC Action Lines.

(See Editorial Guidelines Section 14 : Independence from External Interests: BBC Support Services 14.3.26)

We should also consider where on the charity website we link to – for example it may be appropriate to link to useful sources of information, but not to campaigning or fundraising pages.

Programme Support

For programme support pages, an external link should be justified by the relevance and value of the material to the programme’s viewers and listeners. If we give a link to an outside advice agency from a support page, we should give links to a reasonable range of other relevant agencies as well.

Where a consumer programme reviews a product or service, we should only offer links to the sites of the manufacturers, suppliers or retailers of any goods or services mentioned where strictly editorially justifiable.

Undue prominence

There must be no undue prominence of products, services or trade marks in our content.

(See Editorial Guidelines Section 14 : Independence from External Interests: Product Prominence 14.3.1)

Public Services must not endorse or promote any other organisation, or its products, services or trademarks, so great care must be taken when linking to any site in order not to give the impression that the BBC is doing so.

BBC Public Service sites should not normally link direct to pages whose main purpose is transactional e.g. selling merchandise, downloads or tickets.

See exceptions below for links to buy BBC-related programme content and links to buy tickets for BBC Events. There are some occasions where we may also wish to link directly to a donations page for a BBC charitable appeal.

(See Editorial Guidelines Section 16 External Relationships and Financing: Charities 16.3.43)

If in any doubt, refer to Editorial Policy.

Links from BBC Public Services to the BBC’s Commercial sites

General points:

Links from individual pages on the Public Service site to the BBC’s Commercial sites (e.g. those operated by BBC Studios and BBC Global News Ltd) are acceptable only when editorially justified. We should not be seen to promote the BBC’s Commercial sites and we should not link to such sites in preference to other editorially relevant sites.
See Editorial Guidelines Section 14 : Independence from External Interests: Public Service References to BBC Commercial sites 14.3.23
For links from an individual Public Service page to a corresponding BBC Commercial page which features BBC branded products see Editorial Guidelines Section 14 Independence from External Interests: Trails for Commercial Products related to BBC Programmes.
See Editorial Guidelines Section 14 : Independence from External Interests: Trails for Commercial Products related to BBC Programmes 14.3.24
Where appropriate, an interstitial page may appear on the user’s journey between the Public Service site and the BBC’s Commercial site. It will let users know that they are leaving the public service site and offer them a choice.
For transactional links from Public Service Platforms to Commercial Products Related to BBC Editorial Content see Editorial Guidelines Section 14 Independence from External Interests.
See Editorial Guidelines Section 14 Independence from External Interests: Transactional links from Public Service Platforms to Commercial Products Related to BBC Editorial Content 14.3.25

Links to buy tickets

BBC programmes and sites regularly cover music concerts and tours. Linking policy to sites where users can buy tickets will depend on the nature of the event.

If it is a BBC mounted or run event (on the Public Services to contribute to the BBC’s Mission and Public Purposes), then a direct link to the source of the tickets is likely to be editorially justifiable.

(See Editorial Guidelines Section 16 External Relationships and Financing Ticket Sales 16.3.34)

If it is not a BBC mounted or run event (and where for example a BBC network is simply broadcasting a concert organised by someone else) then a direct link to the relevant band’s site is likely to be editorially justifiable, with one more click from there to the ticket agency’s site.

Part 2: Inbound feeds and embeds

Pulling third-party content on to BBC Online pages is more editorially sensitive than linking externally. Following an external link takes you away from the BBC site and users have a chance to adjust their expectations in the light of that journey. But as third party content sits with BBC content on BBC branded pages, users are more likely to expect it to have been through a rigorous editorial examination and to comply with BBC editorial standards before being published on our site.

Editorial responsibility

The person who is editorially responsible for the page on which the feed or embed appears will be responsible for the content from that feed or embed. This principle will apply whether it is a bespoke feed to a single page or a general feed to many pages.

We would not normally embed a live feed of video or text unless we had a contractual relationship with the supplier that provides assurances about the content or we could be otherwise confident that the content is appropriate to be shared on our own platforms.

Transparency

Where we take in content from an external supplier, we should be transparent about it with our users. Attribution should be as close as possible to the content in question.

We should provide a clear and easy route for our users to report a mistake or find offensive or inappropriate content on a feed.

Embeds

Embedded video, for example of a social networking site video player such as YouTube or Vimeo on a BBC page, may be a useful way to display editorially relevant non-BBC content.

Even though the content is not under our control it appears to the audience that it is part of our online content. We should therefore make it clear that the embedded video is from a third party site and give the audience a direct route to report to the relevant editorial team any inappropriate content, such as advertising, that might appear on that video.

Last updated July 2019

Guidance: Fictitious news bulletins

Editorial Policy issues

This guidance note relates to the following Editorial Guidelines:

Accuracy

See Editorial Guidelines Section 3: Accuracy

Key points

The use of fictitious news bulletins should not undermine the BBC News brand’s reputation for accuracy and impartiality.
It should also avoid confusing the audience as to the reality of what they are seeing or hearing.

Guidance in full

Introduction

Programme makers in drama and documentary sometimes seek to use fictitious news bulletins as part of their story telling.

This calls for judgment on two levels:

Is the proposed use likely to undermine the BBC News brand and its reputation for accuracy and impartiality, or carry risks for the credibility of the presenter?
Is it likely to cause confusion in the audience?

The news brand

Any proposal to use a BBC News set or presenter to present a fictitious bulletin should be approved by the Head of Newsroom who will need to make a judgement as to whether the proposal is likely to undermine the authority or credibility of BBC News, or compromise its perceived accuracy or impartiality.

The same applies to the use of a BBC correspondent in the field fronting a fictitious news report; Head of Newsgathering must give approval to any proposal.

Avoidance of confusion

To avoid the danger of audiences being confused as to the reality of what they are seeing or hearing, some basic precautions should be taken:

High profile presenters should not normally be used in their usual news setting without visual or audio clues that it is not a conventional bulletin.
Similarly, care should be taken in the filming of any fictitious bulletin to give visual clues that this is not a conventional bulletin, for example, seeing the bulletin on a TV set, over the shoulder and profile shots, and so on. On-air graphics in a drama or comedy should differ slightly from the original graphics as a further visual clue to the nature of the bulletin. Similar caution should be exercised with distinctive music or other easily recognisable audio content
In drama and drama documentary, the use of music can also be a means of signalling fiction rather than fact
At every stage, the production team need to think carefully about the possible impact of the fictitious bulletin on people joining the programme late. It may be appropriate to continue ensuring that it is clear throughout that it is not a conventional bulletin, if necessary labelling the footage at suitable intervals to avoid confusion or unnecessary anxiety.
If the drama features News library footage, beware of causing embarrassment, surprise or offence through the use of inappropriate or outdated footage, especially traumatic or contentious material featuring identifiable people, e.g. riots, funerals. Be alert to any legal problems. It may also be important to inform identifiable people that footage is to be used in a dramatic context so that they are forewarned about its inclusion and have an opportunity to raise any concerns they may have about it.
Responsibility for contacting BBC News for the relevant permissions lies with the Executive Producer. In the case of independent productions, the commissioning executive for the BBC should ensure the production team consult with News and help them obtain the necessary permissions via a BBC Branding application.

Comedy

Comedic and satirical use of news bulletins and news presenters/journalists is common in content on all media platforms. Proposals to use a BBC News set, graphics or music should be made to the Head of News or Radio News.

The proposed use of BBC presenters/journalists in comedic news bulletins on television, radio or online should be approved in advance by the Head of Newsgathering in conjunction with the relevant Head of Department.

Last updated October 2022

Guidance: Filming in medical emergencies

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Privacy
See Editorial Guidelines Section 7 Privacy

Key points

The right of patients to privacy and confidentiality is usually paramount. To enable us to film in highly sensitive medical environments, or on location with the emergency services, we distinguish between consent to film (often verbal) and consent to broadcast (always in a form that is provable, often in writing). We would not normally broadcast any footage without clear, informed consent from patients and key medical or emergency staff featured.
Key to filming in these circumstances is the principle that we consult with the medical or emergency personnel whose work we are following before making the initial decision to film a patient.
It may be appropriate to seek consent to broadcast only after the patient’s treatment is complete and the decision has been taken to include their story in our output. It will be necessary to maintain close contact with the patient and their family in order to determine how and when to discuss consent to broadcast.

Guidance in full

Introduction

This guidance applies to observational filming of medical and other emergencies for inclusion in programmes following the work of hospitals or the emergency services. In this context, the people we would like to film are not, in the first instance, considered capable of giving informed consent, by reason of their medical incapacity, traumatic shock or distress. For ease of reference, we call these people “patients”. This guidance is not intended to cover all conceivable scenarios; further advice may be sought from Editorial Policy.

Filming when patients are conscious

When key medical or emergency personnel agree it is appropriate to film, we would expect them to approach the patient to ask whether we may film their treatment. In so doing, they should briefly explain the editorial purpose and nature of the film.

Where a patient does not object to being filmed, programme-makers should, if possible, seek confirmation from the patient that consent has been given before proceeding to film. If relatives are present, it is advisable to talk through the purpose of filming with them as soon as it is appropriate to do so; this is not to seek consent but to ensure that family members are fully informed at the earliest opportunity.

With initial verbal consent, we may film the patient’s treatment, relevant interactions with medical or emergency staff and, if the patient is well enough to be interviewed, a short interview about his/her condition.

We should not interview anyone who is distressed or in pain and we should only attempt to interview the patient after taking advice from the clinical team.

Filming when patients are unconscious

Where a patient is unconscious, but is accompanied by their next-of-kin, their relative should be approached by the clinical staff member responsible for the patient’s treatment to discuss consent to film on the patient’s behalf. It should be explained that consent to broadcast will normally only be given by the patient, and that this will be requested at a later stage. A friend who accompanies the patient may not give consent to film on the patient’s behalf but should nevertheless be informed and consulted.

Where an unconscious patient is unaccompanied, and it is agreed that there is clear public interest in following the case, and the clinical staff member deems it appropriate to film, we may begin filming until the next-of-kin arrives. Care should be taken to film respectfully and in a way which minimises intrusion, for instance, by focusing where possible (practically and editorially) on the actions of medical staff rather than on the patient and their injuries. When a family member arrives, they should be approached by the clinical staff member (as above). If the relative tells the medical team that they want filming to stop, we should stop immediately and log the exchange for future reference.

When an unconscious patient leaves A&E, if appropriate and with the consent of their next-of-kin, if available, and permission of medical staff, we may film them at crucial points in their treatment process. If the patient becomes conscious during this time and is able to engage in discussion, after consulting with the family the clinical staff member responsible may approach the patient to discuss the nature of the series. We may discuss consent to broadcast at this stage or at a future date, depending on the robustness and lucidity of the patient.

If a patient is unhappy about being filmed while unconscious, we may, as a way of reassuring them, offer to destroy the filmed material and any copies made of it; however, it is worth considering that they may change their minds at a later stage.

Death of a patient

If a patient dies before regaining consciousness, we will need to take a view on whether the story is significant or important enough to justify approaching the next-of-kin again to discuss its broadcast in the public interest. This requires weighing up the public interest in the story with any distress an approach may cause the family. We would normally only broadcast the footage with the family’s clear provable consent. If they do not give consent it may be appropriate to offer to destroy the footage.

Where a patient has passed away, we never normally contact the family directly without taking advice from the relevant press office.

Choosing the appropriate time to tell a family that their relative has been filmed requires great sensitivity and awareness of the grieving process. Experience suggests that it is often better to do this as close to the time of filming as possible; people tend to get more distressed about not being told about filming than when informed of it at the earliest possible opportunity. However, this issue should be dealt with on a case-by-case basis. We should be confident that our protocols are clear and robust enough for a family to understand why and how we have filmed their relative.

Contact with the patient and family

It is very important to stay in touch with the family and the patient throughout their treatment and recuperation. In the context of a long form documentary or series, it may be advisable to consider having a dedicated permissions team whose task it is to build a relationship with the family while the patient is receiving treatment, and with the patient when they become conscious or well enough to talk to us.

All calls and visits to patients and their relatives should be logged and a brief record kept of any conversations we have with them. In this way, the status of a case may be checked at any time and a complete record of the consents process will exist in case of complaint or investigation at a later date. In the context of a large and complex production, it may be advisable to keep a master database of all cases that we film so that we can keep track of individual stories, as well as have a clear idea of their consent status and which key member of staff is treating the patient. This database should be updated regularly.

Before editing, when the decision has been made about which stories are suitable for broadcast, patients and next-of-kin, where appropriate should be contacted to let them know that we would like to include their stories in the programme. If they have already signed a consent form, we should remind them that they have given consent for us to broadcast their story. If they have not yet signed a consent form we should ask whether they are happy to do so.

If we cannot locate a patient or their relatives after filming in order to confirm their consent to broadcast, the material should not normally be used identifiably; further advice may be sought from Editorial Policy.

Viewings with the patient and their family

Exceptionally, we may consider offering some patients a viewing of their cut story, where practical and where we consider it necessary to secure their properly informed consent (for instance, where the patient was unconscious at the time of admission and during a significant part of their treatment). We should give due consideration to any personal sensitivities or concerns they raise with us.

Filming people in hospital waiting rooms

With the permission of the hospital we should normally put up notices around the department to let people know that filming is taking place. If we want GVs of people in the waiting room, the production team should ensure that those people waiting are aware that they are being filmed. We should explain what the programme is about and how the shots will be used. Anyone who expresses the wish not to be filmed should be kept out of shot or asked to move out of frame. We do not normally ask for written permission for these general views.

If we interview anyone in the waiting room, we should ensure we have informed consent to broadcast.

Negotiating access with hospitals and emergency services

For the purposes of documentary film-making, we would expect to have a written contract with the hospital or emergency services whose work we are following.

(See Guidance: Access Agreements)

(See Editorial Guidelines Section 6 Fairness to Contributors and Consent: Contributors, Access Agreements, Indemnity Forms and Editorial Independence)

(See Editorial Guidelines Section 7 Privacy: Privacy and Consent)

Last updated July 2019

Guidance: Visually impaired and hearing impaired audiences

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Accountability
See Editorial Guidelines Section 1 The BBC’s Editorial Standards: 1.7 Accessibility

Introduction

The BBC is committed to being inclusive and accessible to disabled people. For our audiences, accessibility can be central to receiving a high-quality service, therefore it is essential that accessibility is taken into account across all our output.

In addition to the accessibility services we are required to provide in terms of audio-description, subtitling and signing, we should also use production techniques to increase the ability of audiences to access our output.

Around one in 200 of the population is registered blind or partially sighted, the majority of those are aged 75 or older – an age group who are heavy users of the BBC’s services. Just under three million people in the UK have a form of colour blindness [1]. Similarly, hearing loss disproportionately affects older audiences. One of the commonest complaints from audience members is that dialogue cannot be heard properly. People’s ability to comprehend speech falls with age and the number of people aged over 75, over 85 and over 100 is set to rise steeply over the next 20 years.

Key points – visual impairment

As far as possible, we should not only communicate information visually, but key information should also be communicated orally
Factual entertainment shows should give factual information, such as charts and scores, verbally as well as with graphics
We should ensure that in labelling graphics, we use clear contrasts so that labels and icons are easily distinguished.
Where information is displayed on screen in graphics, we should ensure that colour is not the only way of understanding the information – for example by using labelling – so that the information is accessible to people with colour blindness.
A useful test to see whether output is accessible for people with colour blindness is to spot check in monochrome.
Images or graphics published on BBC Online should include a brief written description (alt-tag or alt-text), which are read by screen-readers.
Where content is published on BBC Online and includes graphics, the essential information should also be included in the text.
Where the BBC is making new digital content, such as a game or an immersive experience, we should consider whether it could be accessible to visually impaired audiences.
A test to see if audio-visual content is accessible is to listen to the content with your eyes closed to assess whether the essential information is conveyed.

Key points – hearing impairment

The BBC subtitles 100% of its broadcast content. Where we publish films and clips as part of BBC Online content they should include subtitling.
The subtitle must be readable – with a strong contrast between the text and the video – and should not obscure important parts of the video.
Where important information is communicated verbally, it should also be displayed clearly on screen. For example, telephone numbers, addresses and websites
A key area of complaint for audiences is where they are unable to hear clearly speech output – from factual reporting to dialogue in drama. Hearing loss results in a decline in the ability to hear certain or all frequencies. Hearing for high-pitched sounds is usually worse than for low-pitched sounds. This means that low-pitched sounds like traffic, fans and air conditioning or rumbling background effects are more likely to cover up the sounds of speech.
Speech and music may appear distorted or muffled, even when they are amplified. Turning up the volume will not necessarily improve intelligibility and may even exacerbate the problem.
BBC research has highlighted factors that reduce audibility for audiences – speech that is unclear, eg when it is mumbled, delivered quickly, when people are talking over each other or when they are using strong or unfamiliar accents. Speech that is masked by background noise, music or sound effects speech and where audiences cannot see the faces and mouths of the person who is talking.
We should bear in mind people listen to our output on a range of devices and platforms – the audio mix needs to work across all of them.
Audio should be considered at all stages of the production, from planning to the final dub, as a central part of the programme.
The BBC has specialist sound engineers who are experts in maximising the audibility of output – seek their input particularly if you want to use challenging sound sequences.
We should avoid inconsistent sound and dialogue levels between and within programmes. The sound mix should not only balance the sounds within the programme, but also balance the sound levels across the channel so that no one programme differs significantly from another before or after. Where sound levels are inconsistent, audiences end up ‘volume surfing’ repeatedly increasing and decreasing the sound levels to make dialogue intelligible.
Where we are creating new digital content, such as a game or an interactive experience, we should consider whether it could be accessible to hearing impaired audiences.
A test to see if audio-visual content is accessible to those with a hearing impairment is to review content with the sound off to assess whether the essential information is conveyed to those audiences.

More information on accessibility can be found on the following websites:

Visual impairment guidance in full

Conveying Information

Where information is displayed on screen in captions, the key message of the caption must also be communicated orally. For example, where telephone numbers and addresses or details of goods and services are shown, they should be spoken as well. However, in many cases – for instance maps, graphs, explanatory charts and technical illustration – it is inevitable that much of the information in a graphic cannot be conveyed satisfactorily in the limited time available. In these circumstances we should communicate the central message orally.

Content published on BBC Online is accessible to visually impaired audiences through the use of screen readers. Images or graphics published on BBC Online should include a written description (known as an alt-tag or alt-text) that outlines its nature/content. Essential information in a graphic should also be explained in the text.

Identifying Contributors

Where contributors are identified by captions, as far as possible they should also be named verbally on their first appearance, or at some other editorially legitimate point. If naming contributors in this way is unduly cumbersome – for instance in short news reports, or compilations of vox pops or political reaction – we should do all we can to ensure that enough verbal information is conveyed for the material to make sense to a visually impaired audience. It is also important to remember that a person’s title or role can be as significant as his/her name as it establishes credentials.

Foreign Language Contributions

If foreign language contributions are subtitled, but not audibly translated, they become inaccessible to people with a visual impairment. Foreign language contributions should normally be translated with a voice in the main programme language in all new BBC programmes.

However there may be exceptional occasions where it is necessary editorially for the voice to remain unchanged. They may arise where, for example, it is important to understand the emotion of a speaker giving personal testimony. In such cases the contribution may be subtitled. However, we should always then consider whether the essence of information in the contribution can be conveyed verbally or orally elsewhere in the programme, or in associated material. Where subtitling is used, the text needs to be readable – with a strong contrast between the subtitle text and the video – and the subtitle should not obscure important parts of the video. See Subtitling, below. Non-dialogue sounds need not be included in translation subtitles.

If an exceptional decision is made to subtitle foreign language contributions in a programme, then it should be considered for audio description. Head of TV Operations, BBC Vision can give advice on audio description and whether it is suitable for particular programmes.

For foreign language acquisitions, rights issues may make it unreasonable for the BBC to broadcast such material with a translation voiced in language different from the original.

Drama, Entertainment and Factual Content

Many drama and entertainment programmes depend on visual impact for effect. It is therefore not always possible to explain verbally what is happening. However, there is often scope in factual entertainment to take account of visually impaired viewers. For example, before commissioning quiz shows, consideration should be given to including verbal descriptions. Similarly, every opportunity should be taken in talk and chart shows to give the factual information verbally as well as with graphics.

Graphics and Text

It may be difficult for some people with visual impairment to make out graphics and text, but there are others for whom they would be intelligible if composed carefully.

Where graphics use colour, we should ensure that colour is not the only way of understanding the information – for example by using labelling and icons – so that the information is accessible to people with colour blindness.
Use colours which achieve a good contrast between foreground and background. The best foreground colours are green, yellow or white.
We should avoid pure blues, reds and mauves.
Use large clear fonts, ideally without serifs and ensure that the text is clearly legible over all backgrounds including during camera panning shots. Use of drop shadow can help increase the legibility of text.
Avoid graphic sequences which are out of step with simultaneous verbal information.
Spot-check in monochrome to ensure graphics are accessible to people with colour blindness.
Graphics published on BBC Online should include a written description (known as an alt-tag or alt-text) that outlines its nature/content.
The essential information published in graphics on BBC Online should also be explained in the text.

Presentation Announcements

Presentation announcers should ensure that all relevant information is conveyed verbally as well as visually.

Promotional Trails

Producers of promotional trails should aim to include verbal reinforcement of any key visual information. Programme trails should provide programme titles, time and day information verbally as well as visually.

Weather

Weather forecasters should convey the information in a consistent manner and avoid switching between verbal and visual cues. For example, they should not start the forecast by describing the weather pattern and then change the presentation style by referring to symbols without also describing them.

Hearing impairment guidance in full

Subtitling

The BBC subtitles 100% of its broadcast content. Most subtitling is produced in advance while some – for example in news – is produced live. There are different kinds of subtitling – open subtitles are burnt into the content, they give greater freedom to the production team and cannot be turned off by audiences. Closed subtitles can be turned on and off by the audience, so that only those who choose to see them will access them. Closed subtitles can give audiences greater freedom to customise them – for example, changing the font style or size.

Where we are publishing films and clips as part of BBC Online content they should include subtitling.

Good subtitles convey to the viewer as much of the experience of watching with sound as possible. The text needs to be readable – with a strong contrast between the subtitle text and the video – and the subtitle should not obscure important parts of the video.

If you are producing subtitles, refer to the BBC Subtitle Guidelines

Conveying Information

Where important information is communicated verbally, it should also be displayed clearly on screen. For example, telephone numbers, addresses and websites.

A test to see if audio-visual content is accessible to those with a hearing impairment is to review content with the sound off to assess whether the essential information is conveyed to those audiences.

Planning where and how you will record your content

A key area of complaint for audiences is where they are unable to clearly hear speech output – from factual reporting to dialogue in drama. Hearing loss results in a decline in the ability to hear certain or all frequencies. Hearing for high-pitched sounds is usually worse than for low-pitched sounds. This means that low-pitched sounds like traffic, fans and air conditioning or rumbling background effects are more likely to cover up the sounds of speech. Speech and music may appear distorted or muffled, even when they are amplified. Turning up the volume will not necessarily improve intelligibility and may even exacerbate the problem.

Sound Engineers are experts in their field and have worked on a wide variety of genres and projects. Ask for their opinion when you want to use challenging sound sequences. Make use of their expertise so you can make an impact in emotive scenes without compromising sound levels and quality.

Think about sound before you shoot a frame. Is your location the right choice? What sound problems might there be? Choose your location with sound in mind.

Build in time for a sound rehearsal.
Ideally, use a trained sound recordist but, if you are self-shooting, the BBC Academy website has information on producing good sound.
Choose the right mics for the situation. Separate mics and tracks give you greater flexibility than camera mics. Ensure they are sited correctly. When recording location sound, a boom mic will almost always deliver the best quality sound. Clip mics can be used but they do not capture the sound as well as a boom mic and are often under costumes and may pick up clothes rustle.
If there are two or more actors/speakers in close proximity, ensure the mics aren’t picking each other up as this can cause phase interference and create a muffling effect. You may not be able to rectify this in the edit.

Narration and Dialogue

BBC research indicates that background music and sound effects perform a useful role in helping audiences understand a story. However, loud background sounds, sound effects or music can make it very difficult for someone with hearing loss to understand narration or dialogue.

Is it possible to cut or fade out music or sound effects whilst words are being spoken – particularly if the speaker has a strong accent, is softly spoken or may be difficult to understand for another reason, such as the speaker not facing the camera. If this is not possible, ensure the background music or sound effect is at an appropriately low level to allow the audience clearly to hear the speech.
Seeing people’s faces and seeing their mouths move makes them easier to understand. For journalistic content, ensure mouths will not be covered by onscreen graphics when broadcast.
Where we know audiences are likely to find speech less intelligible – for example, if the speaker is talking very quickly, very softly or has a strong accent, we should try to ensure audiences can see the speaker’s face and mouth.
Drama productions need to balance creative story telling with ensuring dialogue is audible. Some audience members will unwittingly rely on lip-reading – so if a character is not speaking to camera, their speech needs to be clear to compensate for the reduced visual cues seen by audience.
Ensure presenters, performers and contributors understand the importance of keeping dialogue clear. Advise them not to tail off or speed up at the end of sentences, to enunciate and to recap salient points where necessary.
Before the final mix, output should be reviewed by someone who is not already familiar with the script to assess whether the speech is audible. Where a line is unclear, it may be possible to replace it with a different take of the same line or to make it clearer by ensuring music or sound effects do not overlap it. It may be necessary to replace unclear dialogue using automated dialogue replacement (ADR) to ensure it is audible.

The BBC Academy has more information about making output audible, including planning recording for factual output and drama.

Final Sound Mix

Ideally, there should be someone at the final sound mix hearing the programme for the first time who can tell you if there’s a problem you’ve missed.

Seek out the advice of the sound engineers who are experts in maximising the audibility of output.

Programme makers should routinely listen to the final version of programmes on typical domestic television speakers and check the audio in mono. Content will be viewed in a variety of different ways – from a large TV with additional speakers to a laptop, tablet and mobile phone – the sound mix should be received well in these different environments.

If possible, with background music and sound:

Question whether background music is necessary and avoid the use of music with vocals.
Choose music that is not too dynamic, i.e. that does not have a lot of short peaks that would interfere with the speech track. Instrumentation can be important – a ‘wash’ of strings is much less intrusive than a solo trumpet. Certain styles of piano music and percussion can be very difficult to mix satisfactorily with speech.
Be especially careful about the use of background sound when the speaker is not in view and therefore it is not possible to read their lips.
Try to maintain a clear distinction between background and foreground sound.
The loudness of location material is different from sound-booth recordings – even though the peak metering may be the same – so listen to the mix as well as taking account of peak meter readings.
When mixing it is essential to check the mix back via a domestic TV speaker repeatedly and throughout the process, not just at the very end.
For viewers, theme tune music usually sets the sound level for the rest of the programme, so ensure consistency.
The sound engineer/mixer should consider the placing of their programme within the context of mixed genre TV channels and mix the sound accordingly, recognising that continuity announcements and promotions are placed between most programmes.
The sound mix should not only balance the sounds within the programme, but also balance the sound levels across the channel so that no one programme differs significantly from another before or after. Where sound levels are inconsistent, audiences end up ‘volume surfing’ repeatedly increasing and decreasing the sound levels to make dialogue intelligible.

Deaf Children

Deaf children use varying combinations of subtitles, lip-reading, sign language and other visual clues to help them understand television content. The younger the child the more likely they are to benefit from clear visual signposting.

Games are social currency and provide learning opportunities for children. Where we are creating digital content for children, such as games and quizzes, we should take into account the accessibility of the content for hearing impaired children. This includes, for example, having text alongside dialogue and ensuring information is conveyed both audibly and visually.

A test is to see whether anyone new to the game or interactive feature, can navigate it, follow the story and complete the tasks with the sound turned off.

Promotional Trails

Programme trails should provide programme titles, time and day information visually as well as verbally. Trails should also comply with the Best Practice sound guidance.

[1] Information from RNIB and Colour blindness UK

Last updated March 2021

Guidance: Stills, photographs and images

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Accuracy
See Editorial Guidelines Section 3 Accuracy
Impartiality
See Editorial Guidelines Section 4 Impartiality
Harm and Offence
See Editorial Guidelines Section 5 Harm and Offence
Fairness to Contributors and Consent
See Editorial Guidelines Section 6 Fairness to Contributors and Consent
Privacy
See Editorial Guidelines Section 7 Privacy
Reporting Crime and Anti-social behaviour
See Editorial Guidelines Section 8 Reporting Crime and Anti-social behaviour
Politics, Public Policy & Polls
See Editorial Guidelines Section 10 Politics, Public Policy & Polls
Religious Content
See Editorial Guidelines Section 12 Religious Content
Re-use, Reversioning and Permanent Availability
See Editorial Guidelines Section 13 Re-use, Reversioning and Permanent Availability
Independence from External Interests
See Editorial Guidelines Section 14 Independence from External Interests: Product Prominence
The Law
See Editorial Guidelines Section 18 The Law

Key points

What does the image represent in the context in which it is being used? When and where the image was taken may be a relevant factor. Who or what is featured or identifiable?
Who is the image of and is their age and/or vulnerability an issue? The issue of consent may need to be considered. Sometimes an image can identify someone e.g. a car number plate or the inside/outside of a person’s home.
Consider when to anonymise an image – reasons for this could vary from someone being vulnerable to avoiding a contempt of court.
Images can be very powerful and consideration should be given to harm and offence in relation to audience expectation – however, we may choose to use a still image instead of moving footage as a way of reducing the likelihood of causing offence.
A revealing image could raise privacy issues where there is a legitimate expectation of privacy. This is both an editorial and legal consideration.
Sensitivity surrounding the use of an image should be taken into account. In particular in relation to religion and minority groups. Care should be taken not to reinforce stereotypes.
Product prominence will apply to images and stills in the usual course of how this restriction operates.
Images and their use sometimes raise legal issues; defamation, contempt of court, copyright and/or privacy. The relevant BBC lawyer should be consulted. Images of BBC presenters and contributors should show them complying with relevant health and safety requirements, e.g. wearing a seat belt.
When considering what pictures to send to the press, for marketing or promotion purposes, we should consider the various ways the media can utilise the pictures and the fact that they may be viewable at any time. We should bear in mind that the context of the image will be lacking – if it is a powerful image, the impact can be greater.
Legal issues regarding images should be referred to the relevant BBC legal department.

Guidance in full

Introduction

Images should be appropriate for all audiences and suitable for display both within BBC environments and on any platforms (broadcast, print and digital) where BBC content may appear. Images should maintain the integrity of the BBC, its programmes, and any talent or contributors appearing in them.

Accuracy and Impartiality

Care should be taken not to use images to mislead the audience.
Any digital manipulation, including the use of CGI or other production techniques (such as Photoshop) to create or enhance scenes or characters, should not distort the meaning of events, alter the impact of genuine material or otherwise seriously mislead our audiences. Care should be taken to ensure that images of a real event reflect the event accurately.
Any proposal to substantially change an image of a presenter through digitally manipulation must be approved by the relevant senior editorial figure.
Sets of images that represent a programme which requires the audience to vote should include every eligible contestant/organisation or none at all. The BBC should not be seen to endorse one competitor over another over the course of a campaign.
Images representing an international sporting event such as Six Nations Rugby or the Cricket World Cup should be mindful of all UK teams involved.
Images representing an investigative report about products, companies or services should be selected with special care and in conjunction with the programme producer or Programme Legal Advice where appropriate. For example if the report is about a particular product, e.g. ‘x’ brand of organic milk, then it is appropriate to show that product in isolation and not in juxtaposition with other similar products. If the report is about organic milk, then it is more appropriate to show a collection of organic milk rather than single one out.
Care should be taken to place the Union flag in situ the right way up.
It is normal practice for those working in press and publicity departments, when supplying archive material, to indicate relevant archive information e.g. date of first transmission.

Fairness to Contributors and Consent and Privacy

Clear consent must be obtained from vulnerable contributors. If images are re-used after a publicity campaign, consent should be re-visited via the relevant programme producer or contributor.
Images should not contain children or young people in inappropriate situations unless there is editorial justification.
Care should be taken over identifying features such as house numbers or car number plates.
Written permission must be gained from actors who are depicted in a state of nudity. Careful editorial consideration must be made before releasing any images of actors in a state of nudity.
Care should be taken not to undermine the reputations of contributors.
Contributors who need to be anonymous in the programme must remain anonymous in the images. The programme producer should be consulted before any such images are released.
Consideration needs to be given whether the subject matter has a legitimate expectation of privacy in the circumstances. An image even if taken in a public place may be private. What the person is doing, where they are photographed and their age will be factors requiring consideration.
When people working in press, publicity or promotion departments are considering which images to use to market BBC output, they should normally speak to the producer of the programme when there may be sensitivity due to the subject matter in relation to consent e.g. inmates in prison, patients in hospital, people in distress.

Reporting Crime and Anti-social behaviour

Care should be taken when selecting images showing contributors using illegal substances e.g. smoking cannabis which can result in criminal investigation for the contributors.

Harm and Offence

All images must comply with BBC’s Editorial Guidelines on Harm and Offence.

(See Editorial Guidelines Section 5 Harm and Offence)

Where our content relates to a subject that is potentially shocking or offensive, using a still image rather than moving footage may reduce the likelihood of causing offence.

However, images should not normally feature the following:

Graphic violence, torture, or any extreme violent behaviour.
Gratuitous nudity or graphic/extreme sexual acts.
Images depicting children (under the age of sixteen) in a sexual context.
Explicit drug use.
Self-harm, suicide, or attempted suicide.
Hangings or other forms of execution.

Any proposal to feature any of these acts should be discussed with Editorial Policy.

Images featuring the following should be selected with special care and with editorial justification.

Images showing adult behaviours such as smoking, drinking, gambling and drug use.
Images that may be seen to be encouraging or glamorising harmful or illegal behaviours.
Images that reinforce prejudicial perspectives or depict groups in stereotypical ways.
Images containing; knives, guns, or weaponry of any kind. Particular care must be taken when picturing the use of weapons. Images in particular showing the use of a gun or knife must be edited carefully.
Images portraying dead or dying humans.
Images showing scenes of physical abuse.
Images showing hypnotism.
Images that could be offensive to ethnic, religious or minority groups.
Images that could be offensive to those with disabilities or mental health conditions.
Images featuring activities or stunts that could cause children or young people to imitate dangerous behaviour.
Juxtaposition of images should be considered particularly with iPlayer in the scroll bar.

Tragic Events

Image selectors should be aware of events that may cause distress to some users. Special care should be taken when selecting images of significant events outside a news context.
When the aftermath of a tragic event requires scheduling changes in television and radio, we should consider whether associated images are still appropriate for release and, where necessary, withdraw inappropriate images already released to avoid offence.
May raise privacy issues as well (see above).

Political, Religious and topical sensitivities

We should be mindful of religious sensibilities when choosing still images.

Due care and consideration must be made regarding the use of religious symbols in images which may cause offence. Many Muslims regard any depiction of the Prophet Muhammad as highly offensive. We must have strong editorial justification for publishing any depiction of the Prophet Muhammad. Any proposal to include a depiction of the Prophet Muhammad in our content must be referred to a senior editorial figure, who should normally consult Editorial Policy.
There also should be an awareness of religious sensitivities about smoking, drinking and certain foods.
Choice of images must reflect awareness of political sensitivities in the Nations and Regions. In particular the choice of colours and symbols such as:
- – Prominence of the colours Green and Orange (Northern Ireland/ Scotland (West).
- – Combination of the following colours: Red/White/Blue, Green/White/Yellow and Green/White/Orange (Northern Ireland).
- – Visibility of shamrocks, flags or political banners (Northern Ireland).
- – Depiction of the four Nations in a map form must be geographically accurate.

Editorial Integrity, Re-use and Reversioning

In line with the Editorial Guidelines for product placement, we must never represent a product or service in images in return for cash, services or any consideration in kind on Public Services.
In images, we should take care to ensure no branded product of service is given undue prominence. It may be appropriate to remove any branding off the products in question i.e. clothes, food and bottle labels.
Due care should be exercised with images of sports personalities who have endorsement deals. Such images should be presented to ensure that the BBC is not seen to be capitalising on this endorsement.
The BBC’s press, publicity and marketing departments should normally refuse requests from third party, locations, charities and agents when it is deemed that the request for the material is to use the BBC to endorse the third party. However a distinction should be made when the request is being made for a personal record of a factual event or for a non-promotional reason.

The Law

Images should comply with BBC legal requirements. Particular care should be taken with:

Images that have the potential to be defamatory. These should be checked with Programme Legal Advice before being used, or should not be selected at all.
Captions that accompany images must be factually correct. It is possible to defame people by juxtaposition of words and pictures.
Careful consideration regarding captioning should also be made for images representing undercover documentaries and current affairs, or when children are involved. Surnames are generally avoided. The programme producer should be consulted about the appropriate level of information.
Images relating to potential legal issues or court cases must be treated with great care. The programme producer and, where appropriate Programme Legal Advice, should be consulted. If images showing a contributor who is subject to a court hearing are released, the BBC could be held in contempt of court. Such images as these should be withdrawn from public access.
Careful consideration should be given to who is the copyright holder in the image. Often, it will be the photographer.

The person featured in a photograph may have a legitimate expectation of privacy in the circumstances. Where there is doubt about this, Programme Legal Advice should be consulted.

Last updated July 2019

Guidance: Impartiality

Impartiality – Guidance note

Impartiality

In one sense defining impartiality is easy. It means reflecting all sides of arguments and not favouring any side.

But putting impartiality in practice is more difficult. The Editorial Guidelines set out the BBC’s fundamental approach to impartiality. They are more demanding than the Ofcom Broadcasting Code, reflecting the audience and stakeholder expectations of the BBC. Both codes require due impartiality, which means that the demands of impartiality can vary: “The term ‘due’ means that the impartiality must be adequate and appropriate to the output, taking account of the subject and nature of the content, the likely audience expectation and any signposting that may influence that expectation”. (Editorial Guidelines 2019: 4.1) The Guidelines say “News in whatever form must be treated with due impartiality…” (Editorial Guidelines 2019: 4.3.10). And the BBC Guidelines demand the highest level of impartiality in News and Current Affairs and factual journalism (including sport) and reflect the Ofcom Code’s requirements in relation to controversial subjects* and major matters.** But the impartiality due will vary in other forms of output: it is not expected, for example, that the same requirement will apply to comedy or drama or a range of other output.

Impartiality should never been seen as a restriction, or as an inconvenience or anachronism. Accuracy, evidence, facts, transparency and informed judgements are constituent parts of an impartial approach. They define a professional discipline which helps journalists make difficult judgements and sets the BBC apart from polarised debate and the current oversupply of opinion and comment. Impartiality properly understood can support those confronted with difficult editorial judgements which can be particularly complex when dealing with causes which drive towards moral judgements.

The Guidelines allow senior journalists to provide professional judgements, rooted in evidence, but they make clear that the audience should not be able to tell, from BBC output, “…the personal opinions of our journalists or news and current affairs presenters on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area.” (Editorial Guidelines 2019: 4.3.11). The BBC does not allow the expression of personal views by its news and current affairs presenters and reporters and journalists other than in exceptional and defined circumstances. But views or opinions expressed elsewhere, on social media or in articles or books, can also give the impression of bias or prejudice and must also be avoided. In general nothing should be said publicly by BBC journalists that could not be said on air or on BBC platforms.

Personal views are not the same as eyewitness accounts, evidence based assessments or professional judgements.

* Controversial subjects may be a matter of public policy or political or industrial controversy. It may also be a controversy within religion, science, finance, culture or ethics or any other matter.

** Major matters are usually matters of public policy or political or industrial controversy that are of national or international importance, or of a similar significance in a smaller coverage area.

Democratic Values

The Guidelines also make clear that the BBC’s impartiality is not value free and that it incorporates the values of a democratic society. The Editorial Guidelines say that “…our editorial standards do not require absolute neutrality on every issue or detachment from fundamental democratic principles.” (Editorial Guidelines 2019: 1.2)

Fundamental democratic principles include the right to vote, freedom of expression and the rule of law and encompass the assumption that societal discrimination based on race, colour or creed or gender will undermine these essential elements of democracy. So the approach BBC reporters and presenters take will always reflect an assumption that the democratic path will be better than repression, corruption, discrimination and the restriction of these rights. But the factual reporting of events should remain accurate and objective.

So, for example, when the BBC says it is “not impartial on racism” it does not mean that instances of racial discrimination will be reported in an inaccurate or biased way. It does mean that the underlying approach to racism is that it is wrong and that discrimination, if tolerated, undermines democratic values.

In this context it is important to understand that what constitutes racism can itself be controversial, and can depend on context and circumstances. A particular statement about immigration, for example, might be interpreted by some as racist whilst others might see it as a straightforward policy issue. The terms of the debate can sometimes be couched in racist language: “go back to where you came from” directed at ethnic minorities or immigrants is generally recognised as a racist term and can be reported in that light. Racist abuse and racist descriptors are often straightforwardly identifiable. But other terms may be more dependent on motive and context. In these circumstances we should aim to describe events, and the reaction to them, rather than imposing judgments that might make us part of the story on which we are seeking to report. In summary, care needs to be taken before describing terms as racist or ascribing racist motives, eg. in describing someone as a racist.

Lived Experience

The lived experience of reporters and presenters can be a relevant and even telling part of the story. For example, Caroline Wyatt recently reported on the drugs that can help her fight against MS. And Frank Gardner reported on his experience as a wheel chair user of trying to disembark from an aeroplane at Heathrow.

Personal reporting may involve lived experience which is encountered as a consequence of identity. The context of any such reporting is important. Longer-form programmes or individual items on a specific subject may be more appropriate: such reporting should generally be signposted to the audience in advance.

The BBC tries to reflect the lived experience of all communities as part of its output. So the most important contribution lived experience can make to output is through the identification of stories or content which reflect that experience.

Professional judgements, evidence-based assessment

Specialist correspondents and senior editors may have the licence to use their professional judgement and make evidence based assessments as part of BBC content. The Guidelines describe them as “professional judgements, rooted in evidence”. (Editorial Guidelines 2019: 4.3.11) For example, the Political Editor may be able to suggest why a particular politician has acted in a certain way, or how they expect political developments to unfold; the North America editor may be able to ascribe motive to the President of the United States based on information or evidence they have gathered and using their professional experience to assess the situation. But this permission will not apply generally and depends on seniority and experience. These evidence based judgements should not be confused with expressions of personal opinion or personal prejudices. Evidence based judgements will be dispassionate assessments not emotional reactions to opinions, behaviour or circumstances.

Presenters and reporters should avoid the dangers of imputing motive or taking sides in areas of contention, even those relating to identity or lived experience. It may be more appropriate to report on the reaction of a wider community of which they may form a part, eg. “the x community, of which I am a part, is angered/upset by” etc.

Public Expressions of Opinion

The Guidelines say that “Presenters, reporters and correspondents . . . can have a significant impact on perceptions of whether due impartiality has been achieved”. (Editorial Guidelines 2019: 4.3.11)

Opinion can be revealed, however, in more ways than simply expressing a particular view; for instance, by lines of questioning over time, by tone of voice, facial or body language, by how an interviewer or presenter reacts when a particular opinion is expressed. These can be a manifestation of bias revealing – or appearing to reveal – a personal opinion or prejudice.

The Guidelines say: “The public expression by staff and presenters of personal offence or indignation, or the tone or attitude of an item or programme as a whole may jeopardise the BBC’s impartiality.” (Editorial Guidelines 2019: 4.3.14)

Additional Responsibility of working for the BBC

The BBC’s impartiality requirements do not apply only to broadcast output and published content. An array of social media outlets, for example, present opportunities for the public expression of viewpoints by presenters, reporters and other staff which could jeopardise the BBC’s impartiality. Whilst there may be greater freedom for BBC freelance employees who are not engaged in news or current affairs or factual journalism output and who are not primarily identified with the BBC, it is essential that those engaged in the production of news and current affairs and factual journalism in particular say nothing publicly which could be interpreted as bias on politics or public policy issues, or controversial issues. Those who appear on screen or on the radio in particular may be identified with the BBC: it is easy to damage the perception of the BBC’s impartiality through careless statements made off air. (See Social Media Guidance)

Impartiality is a core BBC value so everyone who works for the BBC in any capacity should always consider whether their actions, either professional or personal, might risk causing damage to perceptions of the BBC’s impartiality.

Campaigns

Corporately the BBC is allowed to have policies but the BBC is not a campaigning organisation.

The Impartiality section of the Editorial Guidelines on Campaigns and Initiatives says:

“The BBC must remain independent and distanced from government initiatives, campaigners, charities and their agendas, no matter how apparently worthy the cause or how much their message appears to be accepted or uncontroversial.” (4.3.17)

Campaigns frequently advocate for legitimate social or policy change. However, the BBC must retain its independence in relation to them. To take just one example, the debate about what should be done with statues and street names honouring slave traders and others associated with racism. There are a range of views on such issues, many starting from a position of opposing racism.

While the BBC does not join or endorse campaigns, it does have a responsibility to raise awareness of important issues. This is done both through our journalism, which has, for example, often highlighted injustice in the UK and around the world, and through wider content and programming.

Participating in marches or protests

The Editorial Guidelines sections on Impartiality and Conflicts of Interest make it clear that different considerations apply depending on what you do for the BBC, your visibility and your seniority.

Members of staff outside news and current affairs and factual journalism may attend marches, demonstrations and protests as private individuals.

These BBC staff are also able to participate in some parades, marches or gatherings, including events such as trade union rallies, under the banner of the BBC group to which they belong, but not representing the organisation as a whole.

People working in news and current affairs and factual journalism (across all Divisions), as set out in the Guidelines, should not participate in public demonstrations or gatherings about controversial issues. As with social media activity, judgement is required as to what issues are “controversial” with regard to marches or demonstrations, though it should be assumed that most marches are contentious to some degree or other. If in doubt, advice should be sought before attending.

Charity walks, marathons and similar activities can be undertaken by BBC news and current affairs and factual journalism staff (in all Divisions) as fundraising activity for charitable purposes but not for campaigning or political action. BBC staff should not become the face of a charity. Small local charities should not cause issues but advice may be sought.

Context

Formats should not be confused with genre: the style of a particular programme does not affect its responsibilities. All programmes in the News and Current Affairs genre are subject to the same impartiality requirements regardless of their format. Our obligation to objectivity and impartiality applies, regardless of format or platform. The informality and conversational nature of some formats may lead to a greater risk of the presenters’ personal opinions intruding on air, but that does not mean the expression of opinion is any more appropriate.

Last updated October 2020

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Impartiality
29 October 2020

Guidance: Impartiality and Racism

Impartiality and Racism – Guidance note

A number of colleagues have raised questions about BBC impartiality in the context of events following the killing of George Floyd and the scope for personal action in response to the anti-racism protests and demonstrations taking place across the UK and the world. Questions have also been raised about use of social media.

This guidance note sets out the BBC’s position with reference to the BBC Charter and Editorial Guidelines.

The BBC is not impartial on racism.

The position that the BBC is not impartial on racism reflects the BBC’s underlying commitment to fundamental democratic principles. This informs the BBC’s approach to all its output.

The BBC’s public purposes are set out in the Royal Charter. The first public purpose is:

“To provide impartial news and information to help people understand and engage with the world around them: the BBC should provide duly accurate and impartial news, current affairs and factual programming to build people’s understanding of all parts of the UK and of the wider world.” (Article 6 (1))

Our Editorial Guidelines sets out what is meant by ‘due impartiality’:

“Due impartiality usually involves more than a simple matter of ‘balance’ between opposing viewpoints. We must be inclusive, considering the broad perspective and ensuring that the existence of a range of views is appropriately reflected. It does not require absolute neutrality on every issue or detachment from fundamental democratic principles, such as the right to vote, freedom of expression and the rule of law.” (4.1)

Opposition to racism is a fundamental democratic principle, reflected, for example, in the fact that incitement to racial hatred is a criminal offence in the UK. It is therefore fully consistent with our guidelines.

Campaigns

While the BBC is opposed to racism, it is not a campaigning organisation.

Campaigns frequently advocate for legitimate social or policy change. However, the BBC must retain its independence in relation to them. There is, to take just one example, the current debate about what should be done with statues and street names honouring slave traders and others associated with racism. There are a range of views on such issues, many starting from a position of opposing racism.

The Impartiality section of the Editorial Guidelines on Campaigns and Initiatives says:

While the BBC does not join campaigns, it does have a responsibility to raise awareness of important issues. This is done both through our journalism, which has always highlighted injustice in the UK and around the world, and through wider content and programming.

Personal opinions

Judgement is clearly required to decide whether a particular post on social media or other expression of a personal opinion is likely to bring the due impartiality of an individual or the BBC into question. If in doubt, advice should be sought before expressing an opinion publicly.

The Conflicts of Interest Guidelines on Public Expressions of Opinion set out the position for all BBC staff:

Where individuals identify themselves as being linked with the BBC, or are programme makers, editorial staff, reporters or presenters primarily associated with the BBC, their public expressions of opinion have the potential to compromise the BBC’s impartiality and to damage its reputation. This includes the use of social media and writing letters to the press. Opinions expressed on social media are put into the public domain, can be shared and are searchable. (15.3.13)

Taking a public position on an issue of public policy, political or industrial controversy, or any other ‘controversial subject’ is likely to be incompatible with some BBC roles. Advance discussion with line managers is essential in all genre areas. (15.3.14)

For those in News and Current Affairs and for some Factual programmes, expressing personal opinions on controversial issues should generally be avoided given the nature of their work.

This is explained in the Editorial Guidelines:

” … our audiences should not be able to tell from BBC output the personal opinions of our journalists or news and current affairs presenters on matters of public policy, political or industrial controversy, or on ‘controversial subjects’ in any other area. They … may not express personal views on such matters publicly, including in any BBC-branded output or on personal blogs and social media.” (4.3.11)

The Conflict of Interest Guidelines give more detail on guidance for staff in News and Current Affairs and some Factual programmes:

Individuals involved in the production or presentation of any output of this nature have additional restrictions and must not:

state or reveal publicly how they vote or express support for any political party
express a view for or against any policy which is a matter of current party political debate
advocate any particular position on a matter of public policy, political or

industrial controversy, or any other ‘controversial subject’

exhort a change in high-profile public policy
speak or write publicly about the BBC without specific, prior approval from the relevant head of department. (15.3.17)

The BBC News social media guidelines say that:

“You shouldn’t state your political preferences or say anything that compromises your impartiality. Don’t sound off about things in an openly partisan way. Don’t be seduced by the informality of social media into bringing the BBC into disrepute.”

Non-News and Factual staff can express views or republish the views of others on social media, as long as it is in a way that will not bring the BBC in to disrepute.

There is guidance on the use of social media at this link.

Participating in marches or protests

The Editorial Guidelines sections on Impartiality and Conflicts of Interest make it clear that different considerations apply depending on what you do for the BBC.

Members of staff outside News and Current Affairs and some Factual output may attend marches, demonstrations and protests as private individuals.

Staff are also able to participate in some parades, marches or gatherings, including events such as trade union rallies, under the banner of the BBC group to which they belong, but not representing the organisation as a whole.

BBC News and Current Affairs staff and some Factual staff, as set out in the Guidelines, should not participate in public demonstrations or gatherings about controversial issues. As with social media, judgement is required as to what constitutes a controversial march or demonstration. If in doubt, advice should be sought before attending.

Last updated June 2020

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Impartiality and Racism – Guidance note
26 June 2020

Guidance: Access agreements and indemnity forms

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Fairness to Contributors and Consent
See Editorial Guidelines Section 6 Fairness: Contributors and Informed Consent and Editorial Guidelines Section 6 Fairness: Access Agreements

Privacy
See Editorial Guidelines Section 7 Privacy
Independence from External Interests
See Editorial Guidelines Section 14: Independence from External Interests
Re-use, Reversioning and Permanent Availability
See Editorial Guidelines Section 13 Re-use, Reversioning and Permanent Availability: External Requests for BBC Content

Key points

Access agreements can be a useful way of confirming and formalising the terms under which consent for access or other contributions is granted, avoiding time consuming disputes later in the production process. However, care is needed to avoid compromising editorial integrity.
It is wise to discuss access terms and any requirement for a formal agreement early in the production process to allow time for negotiation.
The BBC does not offer the opportunity for contributors to see or hear programmes prior to transmission, save in exceptional circumstances. Any viewing or listening rights provided to contributors or facilitating organisations should not include a right to demand changes.
Any access clauses concerning consent of contributors should be in keeping with the BBC’s Editorial Guidelines, balancing the individual’s right to privacy with the BBC’s (and others’) right to freedom of expression in the public interest.
Credits and links should only be given in keeping with the BBC’s Editorial Guidelines and Credits Guidelines and must remain under our editorial control.
An inappropriately worded indemnity clause or form could result in the BBC being held liable for actions outside its control or responsibility. Editorial Policy and/or Programme Legal Advice and/or the Insurance Services Department may be consulted before agreeing an indemnity clause.
Advice on access agreements and indemnity forms is available from Editorial Policy and Programme Legal Advice. When access agreements cover non-editorial areas, including rights, re-use and facility fees, the relevant Legal and Business Affairs department should be consulted.

Guidance in full

Introduction

Indemnity Forms

Police Forces in England and Wales

Notes on agreed Police Media Indemnity form:

When ensuring an indemnity form matches the agreed version, particular attention should be given to the wording of clause 3 and the declaration at the end of the Note to Media Representatives.

Other Organisations

Access Agreements

Viewing/Listening Rights

Viewing or listening rights may also be offered when dealing with vulnerable contributors.

(See Editorial Guidelines Section 6 Fairness to Contributors and Consent)

Veto of Material

Gathering Material

(See Editorial Guidelines Section 6 Fairness to Contributors and Consent: Contributors and Informed Consent)

Credits and Links

Credits and links should only be given in keeping with the BBC’s Editorial Guidelines and BBC Credit Guidelines and must remain under our editorial control.

(See Editorial Guidelines Section 14: Independence from External Interests)

Transmitted and Untransmitted Material

Access agreements should not require the BBC to supply untransmitted material.

(See Editorial Guidelines Section 13 Re-Use , Reversioning and Permanent Availability: External Requests for BBC Content)

Arbitration

Advice

Advice is available from Editorial Policy and Programme Legal Advice.

When access agreements cover non-editorial areas, including rights, re-use and facility fees, the relevant Legal and Business Affairs department should be consulted.

Last updated July 2019

Guidance: Informed consent

BBC guidance on informed consent

Editorial Guidelines issues

This guidance relates to the following Editorial Guidelines:

Fairness and Consent
See Editorial Guidelines Section 6 Fairness to Contributors and Consent: Contributors and Informed Consent, Obtaining Consent and Withdrawal of Consent 6.3.1 – 6.3.11
Privacy
See Editorial Guidelines Section 7 Privacy. In particular 7.1 Introduction: Legitimate Expectations of Privacy
Re-use and Reversioning
See Editorial Guidelines Section 13 Re-use, Reversioning and Permanent Availability

Key points

Achieving informed consent requires a potential contributor to be in possession of sufficient knowledge about our plans for a reasoned decision to take part in our content.
The Editorial Guidelines state, “Wherever practicable we should obtain consent in a form capable of proof, which may include a consent form, an email exchange, a recording, or a contemporaneous note of the consent conversation.”
Contributor consent forms can formalise the consent process and prove copyright in a contribution. However, informed consent may require providing more detailed information to a contributor.
Consent needs to be appropriate to the individual circumstances of the contributor and the contribution. For example, there are different considerations for contributors who are part of an observational documentary, to those who are working collaboratively on our output or who are vulnerable or third parties.
Generally, no contributor who has given properly informed consent has the right to withdraw it. However, we should listen carefully to any reasonable objections and, on the rare occasions where such a request is granted, we should be clear of the specific and distinct circumstances that have made withdrawal appropriate.

Guidance in full

What is Informed Consent?

The model of informed consent comes from medical practice. It encompasses freewill, capacity and knowledge. The individual concerned needs to have the capacity to come to a freely made decision, based on sufficient knowledge for them to come to a properly informed decision to agree or refuse. For the BBC therefore, achieving informed consent requires a potential contributor to be in possession of sufficient knowledge about our plans for a reasoned decision to take part in our content. See the Editorial Policy Guidance on Working with Contributors including Vulnerable Contributors and those at Risk of Vulnerability for more on capacity to consent.

(Guidance online: Working Contributors including with Vulnerable Contributors and those at Risk of Vulnerability)

The term ‘contributor’ covers a wide range of people taking part in content under very different circumstances. Therefore they have very different needs. Varying levels and types of knowledge will be required for an informed decision to be possible. For example, a contributor to a vox pop will not require as much information as an individual who has agreed to take part in a constructed reality programme to be filmed over a period of months. For Editorial Guidelines about informed consent and the information a contributor should normally be told see Section 6 Fairness to Contributors and Consent.

(See Editorial Guidelines Section 6 Fairness to Contributors and Consent 6.3.1 – 6.3.5)

How we obtain Informed Consent

The Editorial Guidelines state, “Wherever practicable we should obtain consent in a form capable of proof which may include a consent form, an email exchange, a recording of the contributor’s confirmation that they understand the nature of the output and are content to take part, or a contemporaneous note of the consent conversations.”

For Editorial Guidelines about obtaining informed consent see Section 6 Fairness to Contributors and Consent.

(See Section 6 Fairness to Contributors and Consent: 6.3.6 – 6.3.10)

(See Guidance: User Contributions and Guidance: Guidance: Working with Children and Young People as Contributors and Guidance: Filming Medical Emergencies)

Where practicable, it is good practice to demonstrate consent in writing.

Use of contributor consent forms

Contributor consent forms (contributor release forms) can formalise the consent process and prove copyright in a contribution. They are short documents that production teams should use particularly where a contribution is significant. They should normally be signed before the contribution is recorded. The forms usually set out:

brief details about the programme and nature of the contribution
legal matters such as copyright and re-use of recorded material, and
a privacy notice.

As consent forms contain limited information, they do not necessarily demonstrate that there has been properly informed consent. For example, when dealing with a long and involved project with the contributor or, if the contributors are vulnerable or where they may disclose sensitive personal information, it can be advisable to lay out more details of the programme, its editorial intent, the expectations placed on the contributor, how the contribution will be used and any other relevant information relating to participation – including support for the contributor This information may be laid out in a more detailed contributor consent form, a longer agreement, a letter, email or it could be explained in a conversation which is noted contemporaneously.

Having a conversation with a contributor does not replace the need for a contributor consent form. Without evidence of the BBC’s legal entitlement to use the content, it may be impossible for the BBC to re-use it or to sell programmes.

BBC Studios and Public Service production teams can find the release forms and further guidance about using them on the BBC Commercial, Rights and Business Affairs Production Toolkit site on Gateway.

Note Taking

A good contemporaneous note of conversations with potential contributors can be important to proving consent was properly informed.

Ofcom’s guidance on Fairness makes specific reference to the importance of taking notes and maintaining records of conversations and other information given to contributors, relevant to their consent. The guidance highlights that complaints about fairness may arise after production teams have been disbanded and suggests it may be “helpful to make and maintain written records of discussions with contributors before filming and/or broadcast and obtain informed consent in writing.” Adding that it may also be helpful, “to provide information on the areas of questioning, where practicable, in writing. [1] ”

Recorded Consent

Where it may not be practicable to obtain a signed consent (release) form or to make a contemporaneous note, consent may be recorded. For example, the contributor may be given details on tape about the programme, including the title and when and where it will be broadcast. They may then be asked why they want to take part in the programme and if they consent to their interview being included in the content.

Significant Changes after Consent has been Obtained

For Editorial Guidelines about the considerations where there are significant changes to programmes after consent has been obtained see Section 6 Fairness to Contributors and Consent 6.3.5.

(See Editorial Guidelines Section 6: Fairness to Contributors and Consent: 6.3.5)

Re-use and Reversioning

The expansion of social media, video on demand services, co-production deals, syndication to other platforms, in addition to the BBC’s linear and online services, has greatly increased the opportunity for re-using and reversioning content, in whole or in part.

Usually, the terms of a contributor release form legally entitles the BBC to reuse a contributor’s contribution. However, we should still consider the potential impact of re-using contributions and be alert to issues that may be raised by re-use.

The re-use of some material may give a contributor cause for concern, for example when it reveals a criminal or otherwise embarrassing past, or deals with traumatic events. Or re-use would result in far greater exposure (e.g. re-use via global social media platforms). Or the contribution would be out of the original context.

Before content is re-used or reversioned, we must check any relevant contributor consents and observe any restrictions on the re-use of the content, unless we are able to establish that circumstances have changed since the restrictions were imposed, so that they no longer apply. We must also consider how to minimise possible distress to surviving contributors where content has become more sensitive over time.

(See Editorial Guidelines Section 13 Re-use, Reversioning and Permanent Availability: 13.3.11 – 13.3.18)

Who gives Informed Consent?

Every consent needs to be appropriate to the individual circumstances of the contributor and contribution. However, when considering who is required to give consent, how much information should be given and the form it should take, it is useful to think of the different types of contributors and contributions:

uninvited contributors
invited contributors
contributions about third parties

Uninvited Contributors

Uninvited contributors are those who have not been asked to take part in our output; they are individuals caught up without warning in the production process, for example during observational documentary making.

The requirement for consent is a judgement that balances the individual’s legitimate expectation of privacy (See Section 6 Privacy: Introduction) with the need to report in the public interest.Consent need not normally be sought if the material is gathered in a public place and an individual is merely incidental or illustrative and not-named. However, some situations are more likely to require informed consent, for example when an identifiable member of the public is shown receiving medical treatment.

(See Guidance: Filming in Medical Emergencies)

Between these extremes lies a range of scenarios where the requirement for consent and the information that should be given will vary, depending on the significance of the contributor, the nature of the action taking place and the degree to which the location is public or private.

Note that people recorded committing an offence or admitting to an offence, or behaving or admitting to behaving in an anti-social manner will not normally be asked for consent. We would also normally reveal their identity although there are circumstances when it is important not to do so.

The following considerations can help when assessing the requirement for consent, whether it should be expressed or may be implied, and the level of information required.

Is the behaviour essentially public and the recording or filming for broadcast apparent?
(See Editorial Guidelines Section 7 Privacy: Secret Recording)
Is the behaviour private although occurring in a public place? For example, receiving medical treatment.
Is the person in a state of distress?
Is the person becoming actively involved in the filming and interacting with the microphone or camera?
Is the person acting in an anti-social or criminal way?
Does the producer have enough information to represent that person’s actions fairly in the finished programme?
Is the person going to be ridiculed or humiliated?

Invited Contributors

Invited Contributors are those who have been asked to take part in our programmes in advance of making their contribution and who are not responsible for criminal or anti-social behaviour which we are exposing in the public interest.

It is helpful to consider Invited Contributors in three categories:

The Straightforward Contributor.

This is someone whose contribution is not of a sensitive or controversial nature and is unlikely to have long-term impact on their lives. For example, someone bringing an antique for valuation on Antiques Roadshow, a minor interviewee in a documentary on a non-sensitive subject or a contributor to The Food Programme on Radio 4.

When inviting these contributors we should normally at an appropriate stage tell contributors the information set out in the Editorial Guidelines in Section 6 Fairness to Contributors and Consent, 6.3.1 and any other relevant information necessary to secure informed consent.

(See Editorial Guidelines Section 6: Fairness to Contributors and Consent: 6.3.1-6.3.5)

The Collaborative Contributor

This is someone who is central to the programme and involved in a collaborative fashion. This includes, for example, contributors to some constructed reality programmes, makeover programmes and observational documentaries. Gaining consent will often be the result of a dialogue over time, allowing a relationship to be built between programme maker and participant. It is advisable to keep a contemporaneous note of any discussions and to follow up verbal information or assurances with a letter, email etc.

Even though the relationship may evolve, properly informed consent still needs to be gained; if significant information is not made available to the contributor before they begin participating, they may have grounds to withdraw their consent at a later stage in the production process and after significant costs have been incurred.

(See below: Withdrawal of Informed Consent)

In addition to giving the information outlined in the Editorial Guidelines in Section 6 Fairness to Contributors and Consent 6.3.1, it may be appropriate to raise the following issues with collaborative contributors:

the likely time commitment, impact on their daily lives and the production team’s expectations of filming activities and access.
the need for the contributor to consider the consequences of taking part, post transmission, for themselves and, if relevant, their families.
their social media presence and whether, for example, they need to change their privacy settings.

The Editorial Guidelines state, “We do not normally allow contributors a preview of our content.” However, where there are editorial reasons – for example, an exceptional collaborative contribution or legal reasons, any preview offered must be in accordance with the editorial guidelines in Section 6 Fairness to Contributors and Consent.

(See Section 6 Fairness to Contributors and Consent: 6.3.32)

We may ask collaborative contributors to sign a contract which formalises the terms of their dealings with us, and includes a declaration of personal information which may bring the BBC into disrepute (for example, criminal convictions) or which may involve possible conflicts of interest.

Alternatively, if the contributor is providing significant access, they may require the production team to enter into an access agreement. The terms of an access agreement must be in accordance with the Editorial Guidelines.

(See Section 6 Fairness to Contributors and Consent 6.3.33)

(See Guidance: Access Agreements and Indemnity Forms)

The Vulnerable Contributor

Contributors who are vulnerable may have particular needs according to their disability or condition at the time of recording. There is editorial policy guidance on working with vulnerable contributors that considers informed consent and capacity to consent. There is also guidance on informed consent when filming in a medical emergency.

(See Guidance: Working with Contributors including Vulnerable Contributors and those at Risk of Vulnerability and Guidance: Filming in Medical Emergencies)

Contributions About Third Parties

Third Parties are individuals who are not contributors to a programme but are nevertheless being discussed, referred to or otherwise appearing in material. We should be fair and accurate in our portrayal of these people. Where information is not already in the public domain, it should not normally be published unless there is a public interest that outweighs a legitimate expectation of privacy. The following questions can help determine whether it is necessary to notify or seek their consent.

Is the material revealing private information about a third party?
Does the content involve a sensitive or controversial subject?
What are the motives behind a participant’s reference to a third party?
Could the way in which the third party is presented damage their reputation or cause emotional distress to an innocent party? (Consider that, within relationships, there may be sharply contrasting viewpoints and you may be hearing only one side of the story.)
Can the account about a third party be corroborated?
Is the third party responsible for any wrongdoing?

Withdrawal of Informed Consent

Generally, no contributor who has given properly informed consent has the right to withdraw it.

However, that does not mean we should simply disregard requests to withdraw from our output. Just because we have the right to use a contribution does not always mean that it is appropriate to do so – particularly when we are dealing with contributors already known to be vulnerable. We should listen carefully to any reasonable objections. We should also consider whether there has been a significant change in the circumstances of the programme or the contributor which would have affected their decision to participate had it been known at the time.

Nevertheless, where informed consent has been properly obtained, we should protect our rights to use the material. Our ability to make programmes and other content depend on a clear and binding consent process. On the rare occasions when a contributor’s request to withdraw consent is granted, we should be clear of the specific and distinct circumstances that have made withdrawal appropriate.

(See Section 6 Fairness to Contributors and Consent: 6.3.11)

Informed Consent and Risks to Contributors

Where risks to a contributor have been identified in relation to their contribution to BBC content, they should be provided with relevant information about those risks and any steps that will be taken to manage and/or mitigate them. The information should be given clearly at the earliest stage of the production process in a way that is understandable to the contributor, with further information given during the production process, particularly where the risks may change significantly as the production evolves.

However, there may be occasions when it is unnecessary or impractical to inform the contributor of potential risks, for example in the production of many news and current affairs programmes and other programmes where it is warranted in the public interest not to do so.

It is helpful to keep written records of discussions with contributors before recording, in addition to informed consent in writing. It may also be helpful for contributors to be provided with information on any areas of questioning, in writing, where practical. Records are useful because complaints about unjust or unfair treatment may occur after production teams have disbanded.

(See Guidance online: Working with Contributors including Vulnerable Contributors and those at Risk of Vulnerability)

[1] Ofcom Guidance Notes Section 7: Fairness

Last updated April 2021

Guidance: Audience Interactivity

Editorial Guidelines issues

This guidance note relates to the following Editorial Guidelines:

Code of Conduct on Competitions

See Editorial Policy Guidance Note: Code of Conduct on Competitions

Competitions, Votes and Integrity

See Editorial Guidelines Section 17: Competitions, Votes and Interactivity

External Relationships & Financing

See Editorial Guidelines Section 16 External Relationships & Financing

Politics, Public Policy & Polls

See Editorial Guidelines Section 10 Politics, Public Policy and Polls

Key points

The Interactive Technical Advice and Contracts Unit (ITACU) exists to provide advice on all technical aspects of running a competition, vote or award. They should be consulted at an early stage of any proposal.
All competitions, votes and awards must comply with the Editorial Guidelines Section 17:
Competitions should always have a clear editorial purpose and offer a genuine test of skill, knowledge or judgement.
Winners of competitions should always be genuine. No member of the production team or anyone else should pose as a contestant or winner.
Competitions involving Premium Rate Telephony must be referred to a senior manager in your division and then referred to Editorial Policy and ITACU. Any proposal to set up an award must be referred to Editorial Policy and a Senior Manager at the planning stages.
An award should have clear, published rules, agreed with Programme Legal Advice.
Criteria for judging or nominations must be transparent, clear, fair and consistent.
Winners and runners-up of awards must have clear written guidance on their conduct once the result has been published.
When an award is being decided entirely or partly via a public vote then the voting mechanism used should be robust.
Special considerations apply when an award is run in partnership with an outside organisation.
Votes must not be set up to make a profit, except when authorised for a BBC charitable cause; any proposal for a vote should be referred to the relevant Controller or Senior Manager in the division for sign off.
Votes involving Premium Rate Telephony must be referred to a senior manager in your division and then referred to Editorial Policy and ITACU.
Under no circumstances can the result of a BBC vote be faked.

Guidance in full

Preface: The role of the Interactive Technical Advice and Contracts Unit (ITACU)
Part A: Detailed Guidance on Competitions
Part B: Detailed Guidance on Mounting and Running Awards
Part C: Detailed Guidance on Voting

Preface: The role of the Interactive Technical Advice and Contracts Unit (ITACU)

Rate Telephony and other telephony relating to voting and competitions for all programmes, both independent and in-house, across all divisions and output.

The ITACU team has specialist staff who have an extensive background in the telecoms industry and an in-depth knowledge of technical systems, contracts, service provision, mobile and data retention.

ITACU also provides business affairs and legal advice, with referrals where appropriate to Programme Legal Advice, Data Protection and Divisional Business Affairs teams.

The unit does not offer editorial advice: Editorial Policy should be consulted for all editorial queries; ITACU liaises closely with Editorial Policy.

Sign off by ITACU is a mandatory part of any proposal to use Premium Rate Telephony. Further details about ITACU can be found on BBC Gateway (Link only available to internal BBC users).

Last updated July 2019

Guidance: Part A – detailed guidance on competitions

Part A of the BBC’s Guidance on Audience Interactivity, detailed guidance on competitions

Introduction

It is essential that all BBC competitions meet the high editorial, ethical and technically robust standards that our audience rightly expect from us.

All BBC competitions must comply with the Code of Conduct which is affixed to this document.

Everyone who runs a competition should read the summary guide at the start of this note to help ensure they have complied with the requirements of the guidance.

(See BBC Editorial Guidance note: Talent Search and Contestants)

The following principles apply to ALL BBC competitions:

There must always be a clear editorial purpose for any BBC competition, whether it is included in a BBC programme or website or whether it is run off air as part of a programme or service promotion or in conjunction with a third party;
We must offer a genuine test of skill, knowledge or judgment appropriate to the audience;
All competitions must be run with probity and to the highest standards of integrity. They must be fair, legal and honest and run in a technically robust manner;
We must always inform the audience clearly of when a competition is due to open and close;
We must publish terms and conditions to ensure the organisation and running of the competition is fair and transparent and ensure prizes are appropriately and accurately described.

Under no circumstances may any result be faked. It is essential that:

Winners are genuine and never invented, pre-chosen or planted by the production team or anybody else connected with the running of the competition;
No member of the production team or anyone else poses as a competition contestant or winner;
You are confident that there will be sufficient entries to make the competition viable, robust and a useful editorial addition to the programme; otherwise you must not run it.

In addition:

Competitions involving Premium Rate Telephony must be referred to the senior manager in your division charged with approving the use of Premium Rate telephony, and then must be referred to Editorial Policy, and ITACU (who will consult Programme Legal Advice where necessary);
Competitions must not be set up with the aim of making a profit except where they are being used to generate funds for a BBC charitable initiative;
Premium Rate lines are used when they are the most suitable and safest way to handle large volumes of calls effectively;
The lowest viable tariff must be charged. ITACU will advise on the tariff;
The only time, in exceptional cases, that the BBC may run Premium Rate lines to raise funds, is for a BBC charitable initiative. In such cases the editorial content of the programme must relate directly to the charitable cause. Any such proposals must be signed off by the Divisional Director and referred to the Editorial Policy in advance;
Premium Rate lines may not be used to raise funds for Charitable Appeals in CBBC output;
Any competition, in which the audience can text in to a live programme, and where the result is to be announced in the same programme, must be referred to ITACU who will consult Editorial Policy;
Competitions must not normally be launched and resolved within a programme of half an hour or less. Any proposed exception must be referred to the channel controller or equivalent senior manager, who must consult ITACU and Editorial Policy;
All pricing information must be given clearly and accurately, both verbally and visually where appropriate;
We must not promote any competition which is not organised by or run in conjunction with the BBC;
We must retain editorial control of our own viewer, listener and online competitions even when they are mounted in association with suitable third parties;
We must not require people to buy anything to enter a BBC competition unless it is linked to a BBC charitable appeal;
We must not mislead people about the nature of prizes. They must be accurately described and suitable for all potential entrants (see section 5);
We never offer cash prizes in viewer, listener and online competitions.

1. Permissions and Referrals

All proposals for BBC competitions must be referred in the first instance to a Controller or equivalent Senior Manager in your area for approval in principle.

Before a competition is launched you must complete a competitions approval form for authorisation and submit it to the relevant controller or equivalent Senior Manager.

The specific referrals for Premium Rate Telephony are detailed in section 2 below:

2. Setting up a competition

The competition, its editorial ambition, structure, running and resolution should match the public’s high expectations of the BBC.

2.1 Appropriate Planning

Independent judging panels may need to be convened (see 5.3 below). Detailed records must be kept of the winner selection. These must be submitted to ITACU for logging:

Email: itacu@bbc.co.uk

ITACU website [BBC staff only]

2.2 Telephony or online based competitions launched and resolved within a short programme

Any proposed exception MUST be referred to the Channel Controller, or National or Regional Controller, who should then consult Editorial Policy and ITACU.

2.3 Contingency Planning

Before you run any competition it is essential that you agree a contingency plan.

If the competition is to be decided via an audience vote see Part C: Detailed Guidance on Voting for further advice.

2.4 Competitions aimed at or likely to involve children

Great care must be taken about any competitions which are aimed at or are likely to attract children.

If the competition involves telephony, entrants must be reminded that they must ask permission of the person who pays the bills to make the call.

Any proposal to use Premium Rate telephony in competitions aimed at children must be referred to the relevant Controller.

The BBC does not use Premium Rate telephony in CBBC programming.

2.5 Accessibility and choice of media

2.6 Setting of questions

3. Terms and Conditions

4. Entry

Entrants must always be treated fairly, properly, and in accordance with the rules/terms and conditions.

4.1 Restrictions on entry

BBC staff are not normally eligible to enter a BBC viewer, listener or online competition. Any rare exceptions must be referred to Editorial Policy.

4.2 Online Entry forms and the Data Protection Act

Personal information (which can be as little as a name and address) must not be passed on to third parties without the user’s prior knowledge and consent.

Competition entries should be retained for 2 years in case there are any complaints or queries following the competition and to facilitate audits.

The correct answer and limited details of winners (usually name and town) must be made available on request and our terms and conditions must advise entrants of this requirement.

5. Selection of winners

5.1 Creative Competitions (panels and voting)

5.2 Audience voting

If a competition is to be decided by way of an audience vote then you must consult the Section C: Guidance on Voting.

If the vote is by text (SMS) and is to be run and resolved in a live programme, referral must be made to ITACU who will consult with Editorial Policy.

5.3 Using a Panel

5.4 Random Selection

(Usually only used for quizzes.)

In many cases BBC competitions are in the form of general knowledge quizzes.

All correct entries must be entered for random selection. There are several ways to ensure this including:

Drawn from a “hat”: If there are relatively few entries then it could be acceptable to put either all the entries, or all the correct entries into a “hat” or other appropriate receptacle. The first correct entry drawn will be the winner. It may be acceptable to draw several alternatives in case the winner is not contactable or the entry drawn has incomplete details. However if this is done it is essential that the entries are dealt with in the same order in which they are drawn. The first correct entry, which fulfils the entry terms and conditions must be the winner. It is NOT acceptable to draw/select winners in reverse order, although we may announce runners up before winners. Entries should normally be drawn with a witness, who may be from the production team.
Automated random selection: This is a complex area and you must take advice from ITACU. If there are large numbers of entries, and/or entries from a variety of sources e.g. online, text (SMS) and telephony, then it is usually appropriate to use an automated computer generated random selection process. It is likely that in such cases the telephony service provider will be responsible and contracted to carry out the random selection. However the appropriate editorial figure responsible for overseeing the running of the competition should ensure that the system is appropriate, with advice from ITACU.
If entries have come from several sources then great care must be taken to ensure the selection remains fair at all stages. More people may have entered via one method than another. Entries must be appropriately weighted to ensure everyone has the same statistical chance of being selected. Not all automated random selections systems are the same or as robust. Referral must be made to ITACU.

5.5 Random selection & second stage (Where the finalists compete on air)

It is very unlikely this format would be suitable for a Premium Rate competition.

6. Prizes

Particular care must be taken to ensure that the prize is dispatched within a reasonable time.

6.1 Suitability of prizes

6.2 Donated prizes

We may accept prizes of visits to special events, including hospitality offered at the event, but we should pay for the majority of costs e.g. for travel or accommodation.

We must never allow a donor to influence the on-air or online editorial e.g. provide copy about the prizes, suggest questions for the competition.

Unless there is a very strong editorial reason to do so, we would not normally provide an online link to the supplier of a prize.

6.3 Prizes for Charity Competitions

6.4 BBC commercial products as prizes

6.5 Product prominence

Online, if an image of a product is used, it should not be too large or too prominent.

The name of the supplier should not normally be given and the brand should be mentioned only if strictly editorially necessary. Product logos should not be used.

We should never use text from product promotional material.

Normally we would not offer an ongoing subscription to an organisation or magazine as a prize.

7. Competitions which use telephony

7.1 Premium Rate Telephony Services

Definition of Premium Rate Telephony Services (PRTS)

Fixed line Premium Rate numbers are normally prefixed with ‘09’.

Premium Rate lines are used when they are the most suitable way to handle large volumes of calls effectively;
The lowest viable tariff must be charged. Advice must be sought from ITACU;
The only time, in exceptional cases, that the BBC may run Premium Rate Lines to raise funds, is for a BBC charitable initiative. In such cases the editorial content of the programme must relate directly to the charitable cause. Any such proposals must be signed off by the Divisional Director and referred to Editorial Policy in advance;
All proposals to use Premium Rate telephony must be referred to the senior manager in your division charged with approving the use of Premium Rate telephony, and then must be referred to Editorial Policy and ITACU Legal and Business Affairs (who may consult with Programme Legal Advice). A Premium Rate Telephony approval form must be authorised by the relevant Controller or Senior Manager. All Premium Rate competitions require legally approved rules.

Any use of Premium Rate telephony must also comply with the Code of Practice issued by the telephony industry regulator PhonepayPlus (formerly ICSTIS) – please consult ITACU for advice in advance.

7.2 Audience information

It is extremely important that we are totally transparent with our audiences in relation to our use of Premium Rate telephony. We must ensure that they are given all relevant information.

Consult ITACU in advance if you are intending to use an IVR system.

7.3 Information on call costs

Call cost information on a graphic should be clear and legible. Particular care should be taken over backing colours, font size and type of script, to ensure information is not hard to read.

Call cost information should also be given verbally, at appropriate regular intervals by a presenter or in a voice over and should be audible, clear and at a reasonable pace.

Call cost information may also be given as a recorded message on the competition entry lines.

It will not always cost the same to call from every network; calls from mobiles in particular may be more expensive. This must be declared on air.

The standard wording is “calls cost x from a BT landline, calls from other operators may vary and mobiles will be considerably higher”.

We should also aim to inform them of call costs from non-Premium Rate telephony.

You must consult ITACU for appropriate current wording.

7.4 Information about line opening and closing times

For non- Premium Rate interactions:

7.5 Charity fundraising

N.B. we will not use Premium Rate lines to raise funds for Charitable Appeals in CBBC output.

7.6 Tariffs for Premium Rate charity fundraising

7.7 Non-Premium Rate telephony

7.8 Text (SMS) entries

Any competition, in which the audience can text into a live programme, and where the result is to be announced in the same programme, must be referred to ITACU who will consult Editorial Policy.

8. Contracting Telephony Service Providers

Telephony service providers may be required to manage competition entry systems. In some cases they will run and aggregate the entries in all media including online.

ITACU will advise whether a service provider is needed and put in place appropriate contracts.

For Independent Productions, the contracts and the supplier to be used must be approved by ITACU Legal and Business Affairs well in advance to check that they conform to BBC standards.

8.1 Testing Lines

In all contracts ITACU will ensure that:

Telephony lines are tested appropriately;
Review meetings are held between the appropriate editorial figure responsible for overseeing the running of the competition, the telephone service provider, ITACU and, on some occasions Editorial Policy, to ensure the system has operated effectively and identify any issues;
If any issues arise, either during the running of the competition, or if they become apparent after the final data is available, the appropriate editorial figure responsible for overseeing the competition must be informed; they will consult with ITACU and possibly Editorial Policy; further senior consultation may be required;
Programme Legal Advice may also need to be consulted.

9. Jointly run competitions with third parties

Any proposal to run a jointly organised competition must be referred to Editorial Policy.

(See BBC Editorial Guidelines, Section 16 – External Relationships and Financing)

9.1 Participation in 3rd Party Award / Competition

If viewers or listeners are being offered the chance to vote for a third party award e.g. a category of The Brits, see Part B: Guidance on Mounting and Running an Award.

The BBC and the third party may jointly decide how the competition is run and the winner chosen. The third party must not be responsible for choosing the winner.

All communications around the competition will need to have BBC approval e.g. all third party marketing material which refers to the BBC or its programmes or services.

10. Pre-recorded and repeated Programmes

10.1 Pre-recorded Programmes

The appropriate editorial figure responsible for overseeing the competition must be consulted.

10.2 Repeated Programmes

In some cases programmes may need to be edited before repeating:

For television, we must totally obscure entry details if they are on a graphic in the original programme;
We should also use an announcement or add a graphic to inform viewers the competition is closed;
Where there are verbal announcements of entry methods it will be necessary to edit or to have a continuous strap running through that section of the programme to inform the audience the competition has closed;
For radio, appropriate edits must be made

Under no circumstances should a programme be repeated where it is known that there were errors in the voting or audience information without appropriate changes.

This also applies to On Demand services (see 10.3 below).

10.3 On Demand services (including BBC iPlayer)

There are various ways of doing this:

a short specially commissioned VT at the start of the show which will remind people that interactivity may no longer be open and direct them to the programme website for up to date information;
a strap with audience information;
The programme synopsis, which describes the programme content, must highlight that the programme includes interactivity and direct people to the website for information, where relevant

11. Publicising BBC competitions

Suitable third parties, such as BBC Worldwide magazines or other publications or suitable online sites, may be used by the BBC to help publicise our competitions.

Magazines may include entry forms; third party websites may link back to a BBC online entry form. However on air we should only give the BBC method of entry.

11.1 Off-air marketing competitions

12. If things go wrong

If the competition is online then the relevant Interactive executive must be informed.

In all cases it is vital that we do not inadvertently encourage people to keep entering when we know the competition may be compromised.

All measures possible must be taken to try to rectify the problem – where the competition involves telephony or a combined telephony online entry mechanic

ITACU must be consulted.

Do not announce or publish an incorrect result on-air, online or in any other media. Instead explain to the audience that there has been a problem and the result will be announced at a later date.

This must be done even if the whole programme/project has been developed or billed around the result of the competition.

BBC Press and Publicity should usually also be alerted.

The need for transparency is paramount. Audiences will value our openness. Online, we may wish to publish an explanation and an FAQ to give people more information about what has gone wrong and why.

13. Documentation: Independent verification and adjudication

ITACU will advise what documentation must be kept and will also act as a central repository for the information and data. (itacu@bbc.co.uk)

Last updated July 2019

Guidance: Part B – detailed guidance on mounting and running awards

Detailed guidance on mounting and running awards

Introduction

Consideration should be given at a senior level to ensure that the proposal to set up a BBC award is editorially acceptable.

All BBC Awards must comply with the BBC Code of Conduct which is affixed to this guidance note.

This section provides detailed editorial advice about how to run a BBC award. It outlines the new BBC referrals and compliance process for use of telephony.

The following principles apply to all BBC awards:

Any proposal to set up a BBC award must be referred to Editorial Policy and a Senior Manager at the planning stages;
There should be clear, published rules, which have been agreed with Programme Legal Advice;
Criteria for judging or nominations must be transparent, clear, fair and consistent;
Winners and runners up must have clear written guidance as to how they may make reference to the award once the result has been published by the BBC; it should be clear in the terms and conditions that failure to comply could result in disqualification or the award being rescinded;
If an award is to be decided totally or in part via a public vote then appropriate efforts should be made to ensure the voting mechanism used should be robust.

If the award is to be run in partnerships with an outside organisation then:

Our choice of partner and the editorial nature of the awards proposed must be appropriate and should not bring the BBC into disrepute;
The BBC’s editorial impartiality and integrity must not be compromised and the BBC must retain editorial control;
We should work with a range of partners and not unduly favour one above another.

If the award involves a bursary or a prize funded by an outside organisation, this must be approved by Editorial Policy and the BBC Regulatory lawyers.

If there is any proposal to sponsor the awards ceremony, this must be referred at the earliest stage to Editorial Policy. Sponsorship by commercial organisations is not permitted for BBC Awards.

Everyone who runs a BBC award must read the summary advice at the start of this Part to ensure they have complied with the requirements of this guidance.

1. Permissions and Referrals

Before you may run an award you must complete the Awards approval form (available from ITACU) and submit to the Controller or equivalent Senior Manager in your division for authorisation.

The relevant Senior Manager must also be consulted.

2. How to set up and run BBC Awards

Awards may be decided by way of a panel, a public vote or a combination of the two.

An appropriate editorial figure must oversee and be responsible for the running of the award. A BBC award cannot be set up at the last minute.

3. Judging a BBC Award

3.1 Terms and Conditions

If there is to be a public vote then clear terms and conditions for voting must be published; see also Part C: Detailed Guidance on Voting.

3.2 Panels

3.3 Nominations

Sometimes the awards process may take several stages: nominations may be drawn via public nominations or via a panel; a shortlist may be decided by a vote or a panel or a combination of the two.

We must apply clear criteria at all stages.

4. Jointly run awards with third parties

Further advice should be sought from the BBC Editorial Guidelines Section 16 External Relationships and Financing.

Any proposal for a jointly run award must be referred at an early stage to Editorial Policy.

In some cases our awards may be made up of a number of categories and different partners may help decide individual categories.

We do not normally mount awards with commercial organisations. However, it may be possible:

To run a competitive award with a publication or other media organisation for a joint award for skills associated with broadcasting such as journalism, music, writing or drama or other BBC initiative;
For local radio stations to join with a regional publication to organise and present a local award.

When organising an award with a media organisation or publication, it is important that our choice of partner is editorially justifiable and that we take care not to promote the partner on-air.

Normally the BBC will not incorporate the third party name into the title of the award.

Any proposed exception must be referred to Editorial Policy. It will never do so in the case of a commercial organisation.

A contract or agreement will need to be drawn up between the BBC and the outside organisation, which must set out clearly lines of responsibility; Business Affairs must be consulted.

A third party may do the following:

Provide Specialist expertise for the judging panel;
Help run and publicise the awards;
Provide or run facilities for shortlisted candidates – such as workshops;
Provide part of the overall prize – e.g. a grant or bursary, performance opportunity, publication of a winner’s work.

4.1 Bursaries for BBC Awards

The money from the sponsor may only be used for the costs of mounting the event.

No sponsorship money may be used for any broadcast costs. Accounts must show clear separation between event costs and broadcasting costs.

Bursaries are only offered for clear public service reasons to enable the recipients to undertake suitable activities such as service to the community or artistic or musical studies.

Legal advice must be sought over the terms and administration of a bursary.

Any proposal for sponsorship of a BBC Public Service Award or Awards event must be referred at the earliest stage to Editorial Policy.

5. Third party awards including BBC audience participation

All such proposals must be referred at an early stage to the relevant Controller or equivalent Senior Manager and to Editorial Policy.

6. Verification

7. Use of a BBC Award by winners and /or runners up

An award logo;
Relevant short clips and or stills of their entry or appropriate short extracts of the programme such as the announcement of the result;
A form of words to describe their success in the awards as agreed by the BBC;
Possibly a BBC quote;
A certificate, which may be displayed;
A link back to the BBC site to explain the background to the awards and how the end result was arrived at;
In certain very limited cases they may be able to reference the award on specific product such as stickers on books or CDs. However, any such agreements MUST be referred to Editorial Policy who will consult with BBC Policy: a separate trade mark licence may need to be issued.

Winners will not be allowed to use any elements of the winning pack or refer to the BBC or its programmes and services:

In commercial advertising or promotions;
In order to attract external funding;
To lobby or campaign;
To attract donations.

Each case will vary and Editorial Policy, Business Affairs and in some cases BBC Policy must be consulted.

8. BBC Awards mounted in conjunction with BBC publications

There are particular issues here and any such proposals must be referred to Editorial Policy at the earliest stages.

9. Documentation

If the award is decided in whole or part via a public vote involving telephony then a copy of all relevant documentation must also be sent to ITACU.

Email: itacu@bbc.co.uk

ITACU website

Last updated July 2019

Guidance: Part C – detailed guidance on voting

Part C of the BBC’s guidance on audience interactivity, detailed guidance on voting

Introduction

Public voting is a central factor in many BBC television and radio programmes such as “Strictly Come Dancing” and “Sports Personality of the Year”.

It is essential that all BBC competitions meet the high editorial, ethical and technically robust standards that our audience rightly expect from us.

All BBC Votes must comply with the BBC Code of Conduct which is affixed to this guidance note.

Everyone who runs a BBC vote must also read the summary guide at the start of this section to ensure they have complied with the requirements of this guidance.

This guidance note does not cover audience voting on politics and public policy, e.g. opinion polls, surveys and votes.

(See Editorial Guidelines Section 10 Politics, Public Policy and Polls)

Email: itacu@bbc.co.uk

ITACU website

The following principles apply to all BBC organised votes:

Votes must be run in a robust, fair and accurate manner;
The robustness of the voting mechanism should match the editorial significance or impact of the vote;
Enough time must be allowed between the closure of the vote and the announcement of the result to ensure that the result can be properly collated and verified;
Votes must not be set up with the aim of making a profit except where it has been authorised for the purpose of raising money for a BBC charitable cause;
The audience has the right to expect that their votes will count;
Under no circumstances whatsoever can the result of any BBC vote be faked.

It is essential that:

No member of the production team or anyone else connected to running the vote alters the legitimate result;
Any proposal to run a vote must be referred to the relevant Controller or equivalent Senior Manager in the division for sign off;
Votes involving Premium Rate Telephony must be referred to the senior manager in your division charged with approving the use of Premium Rate telephony, who must consult Editorial Policy and ITACU;
Premium Rate lines are used when they are the most suitable and safest way to handle large volumes of calls effectively;
The lowest viable tariff must be charged. ITACU will advise on the tariff;
The only time, in exceptional cases, that the BBC may use Premium Rate telephony to raise funds, is for a BBC charitable initiative. In such cases the editorial content of the programme must relate directly to the charitable cause. Any such proposals must be signed off by the Divisional Director and referred to Editorial Policy in advance;
We will not use Premium Rate lines to raise funds for Charitable Appeals in CBBC output;
Clear terms and conditions must be available for voters and for participants where relevant;
Any proposal to use a text vote which will be run and resolved, in a live programme should be referred to ITACU who will consult with Editorial Policy.

In addition:

All pricing information must be given clearly and accurately, both verbally and visually where appropriate;
We must not mislead the audience about the purpose of a vote;
Voting may be carried out using fixed line telephony, text (SMS), online, or other means such as postal votes.

1. Permissions and Referrals

All approved votes and their supporting forms must be lodged on a database in each division and also submitted to ITACU. (Link only available to internal BBC users.)

The specific referrals for Premium Rate Telephony are detailed in section 4 below.

1.1 Overseeing the vote

2. Setting up a Vote

2.1 Appropriate planning

We have a duty to be fair to anyone who is being judged by an audience vote and also a duty to fairly and accurately reflect the opinions of the voting audience.

It will not always be appropriate to use all forms of available interactivity for voting; in particular in some cases voting via text (SMS) and/or online may not be appropriate.

Enough time must be allowed for votes to be received, verified and collated before the result is announced.

2.2 Contingency planning

This could include using a preselected and vetted section of the studio audience, the use of a panel, or in rare cases restarting the vote. Legal and Editorial Policy advice may need to be sought.

3. Which voting method should you choose?

4. Votes which use telephony

4.1 Premium Rate telephony services

Definition of Premium Rate Telephony Services (PRTS)

Premium Rate lines are used when they are the most suitable and safest way to handle large volumes of calls effectively;
The lowest viable tariff must be charged. Advice must be sought from ITACU;
The only time, in exceptional cases, that the BBC may run Premium Rate Lines to raise funds, is for a BBC charitable initiative. In such cases the editorial content of the programme must relate directly to the charitable cause. Any such proposals must be signed off by the Divisional Director and referred to Editorial Policy in advance;
All proposals to use Premium Rate telephony must be referred to the senior manager in your division charged with approving the use of Premium Rate telephony, and then must be referred to Editorial Policy and Legal and Business Affairs in ITACU (who may consult with Programme Legal advice). A Premium Rate telephony approval form must be authorised by the relevant Controller or Senior Manager. All Premium Rate competitions require legally approved rules;
A non-chargeable system must be used on Premium Rate vote lines so callers trying to vote before or after lines open and close are not charged.

Any use of Premium Rate telephony must also comply with the Code of Practice issued by the telephony industry regulator PhonepayPlus (formerly ICSTIS) – please consult ITACU for further advice.

4.2 Audience information

Consult ITACU if you are intending to use an IVR system.

4.3 Information on Call costs

Call cost information on a graphic should be clear and legible. Particular care should be taken over backing colours, font size and type of script, to ensure information is not hard to read.

Call cost information should also be given verbally, at appropriate regular intervals by a presenter or in a voice over and should be audible, clear and at a reasonable pace.

Call cost information may also be given as a recorded message on the competition entry lines.

It is also be advisable to display call cost information online where numbers are displayed.

We should also aim to inform them of call costs from non-Premium Rate telephony.

Please consult ITACU.

Online information: Usually we do not display Premium Rate numbers online. Any proposal to do so should be referred to Editorial Policy. Where it is agreed to do so, all relevant call cost information must also be displayed. In some cases, particularly for popular high profile shows such as a TV talent show, with audience voting, we may decide to include a table showing indicative costs from the main mobile phone networks, on the show website. In such cases ITACU must be consulted at an early stage: they will provide this information for the website.

4.4 Information about line opening and closing times

When using Premium rate the telephony systems used must prevent callers from being charged, should they try to enter before lines open or after they close. ITACU must be consulted.

For non-Premium Rate interactions:

4.5 Charity fundraising

We will not use Premium Rate lines to raise funds for Charitable Appeals in CBBC output.

Tariffs for Premium Rate charity fundraising votes

4.6 Non-Premium Rate telephony

4.7 Text (SMS) voting

4.8 Contracting Telephony Service Providers

Telephony service providers may be required to vote entry systems. In some cases they will run and aggregate the votes in all media including online.

ITACU will advise whether a service provider is needed and put in place appropriate contracts.

For Independent Productions, the contracts and the supplier to be used must be approved by ITACU Legal & Business Affairs well in advance to check that they conform to BBC standards.

In all contracts ITACU will ensure that:

Telephony lines are tested appropriately;
There is a requirement for the service provider to provide the production team with a regular breakdown of results, and information on any unexpected patterns of voting, as far as is technically feasible – this must include a report on votes outside the relevant voting window even though such votes should not have been changed;
Review meetings are held between the appropriate editorial figure responsible for overseeing the running of the competition, the telephone service provider, ITACU and, on some occasions Editorial Policy, to ensure the system has operated effectively and identify any issues;
If any issues arise, either during the running of the vote, or if they become apparent after the final data is available, the appropriate editorial figure responsible for overseeing the vote must be informed; they will consult with ITACU and possibly Editorial Policy. Further senior consultation may be required and Programme Legal Advice may also need to be consulted.

5. Online votes

6. Voting from multiple platforms

7. Fairness to Contenders

7.1 On-air

Further advice may be needed from Editorial Policy.

7.2 Terms and Conditions for Contestants

Further advice must be sought from Editorial Policy who may consult with ITACU Legal and Business Affairs, Business Affairs in the relevant divisions or Programme Legal Advice where relevant.

Where the BBC is publicising the vote, great care should be taken to ensure we do not favour one nominee or contestant above another; all should be treated fairly.

8. Integrity of the vote

It is important to protect the integrity of the vote. We must ensure that the robustness of the voting mechanism and its administration matches the vote’s editorial significance.

8.1. Integrity of the vote when using telephony systems

For Independent Productions, the contracts and the supplier to be used must be approved by ITACU Legal & Business Affairs well in advance to check that they conform to BBC standards.

8.2. Integrity of the vote when using online systems

For guidance on online votes about a political or public policy issue, see Section 10 of the Editorial Guidelines: Politics, Public Policy and Polls.

(See Editorial Guidelines Section 10 Politics, Public Policy and Polls)

An Interactive Executive must be responsible for overseeing the running of every online vote. Any division or network may nominate one executive as the referral point for such queries.

8.3 Robustness of the voting mechanism

We must ensure that the robustness of the online voting engine is sufficient to meet the editorial requirement whilst effectively mitigating the associated risks.

We need to make sure the vote engine is genuinely “fit for purpose”, can meet the editorial requirement and ensure the BBC brand is protected

8.4 Verifying voting patterns

8.5 Allowing enough time to collate results

We should allow enough time in the period between closing the online vote and announcing the result for the votes to arrive, be processed and checked.

Where an online vote is combined with a telephony vote ITACU must be consulted.

Publishing running totals during a vote

We should also consider very carefully indeed whether to announce running totals before the final verified result. In many cases, this will not be appropriate:

While displaying running totals can add excitement to the voting process, it can also alter the course of the vote dramatically. It can encourage users to try to manipulate or “game” the system, it gives malicious users live information on which competitors to target and it gives them instant feedback on whether their attempts to manipulate the vote have worked;
If we display live running results before freezing the vote for checking, anyone will be able to see if we then remove any votes as the totals will go down. We will then be under pressure to give a detailed explanation in every single case about why we have done this, which users may not readily accept as being fair. (But see section 15 for our duty to be transparent if the vote has to be postponed or set aside).

8.6 Editorial control over a vote

Output which relies on online voting should normally be based on a vote run or directly commissioned by the BBC.

8.7 Information on voting systems

How to vote must be clear:

The rules themselves must be clear;
It must be clear to the first time user exactly how the online voting or rating mechanism works;
One way to make it harder for malicious users to manipulate or “game” our voting technology is to give those users as little feedback as possible about the effectiveness of their attacks. We should not normally let individual users know when their online votes have been discounted, disqualified or set aside (see also section 15 which outlines our duty to be transparent with audiences if things go wrong).

8.8 Votes which involve a substantial prize

8.9 360 Degree Commissioning

Where there is a 360 degree commissioning process:

We should make sure that the team responsible for the online vote talk in detail to the Audio or Vision production team about exactly what is needed;
The online team will need to know exactly what the editorial significance of the vote is so that they can make sure it is matched by the robustness of the online voting mechanism;
The online team will need to be very clear in return to the Audio or Vision production team about how much time, editorial, technical and other resource will be needed to deliver the vote. For example, we should routinely test the vote in advance of going live, for load and overall technical and editorial performance, wherever possible. This is essential where we are planning anything we haven’t done before.

Where there is no 360 degree commission, the same consultation process should happen from the earliest stages between the editorial and technical teams.

If there are serious doubts as to whether an online method of voting is appropriate you may wish to consider whether using another method such as telephony could help address the issue.

9. Calculating the result

Any proposals for text votes must be referred to ITACU who will consult Editorial Policy.

10. Pre-recorded and repeated Programmes

10.1 Pre-Recorded Programmes

10.2 Repeated Programmes

In some cases programmes may need to be edited before repeating:

For television, we must totally obscure or remove voting details if they are on graphic in the original programme;
We should also use an announcement or add a graphic to inform viewers the vote is closed;
Where there are verbal announcements of voting details it will be necessary to edit or to have a strap running through that section of the programme to inform the audience the vote has closed;
For radio, appropriate edits must be made.

10.3 On Demand services including BBC iPlayer

A short specially commissioned VT at the start of the show which will remind people that interactivity may no longer be open and direct them to the programme website for up to date information;
A strap with audience information;
The programme synopsis, which describes the programme content, must highlight that the programme includes interactivity and direct people to the website for information, where relevant.

11. Jointly run votes with third parties

Any proposal to run a jointly organised vote must be referred to Editorial Policy.

Normally we would not run votes in conjunction with a commercial organisation.

Whether the vote is to be run on or off air, we must ensure that the third party is a suitable partner and does not call into question the BBC’s editorial integrity, objectivity or independence.

(See BBC Editorial Guidelines Section 16 External Relationships and Financing)

12. Publicising BBC votes

However we should not refer to the third party on-air, and we should only give out on-air the BBC method of voting.

13. Votes in programmes aimed at or likely to involve children

Great care must be taken about any votes which are aimed at or are likely to attract children.

Any proposal to use Premium Rate telephony in a vote aimed at children must be referred to the relevant Controller in your division.

We do not use Premium Rate Telephony in votes in CBBC output.

14. If things go wrong

If the vote is online then the relevant Interactive executive must be informed.

In all cases it is vital that we do not inadvertently encourage people to keep entering when we know the vote may be compromised.

All measures possible must be taken to try to rectify the problem.

Do not announce or publish an incorrect result on-air, online or in any other media.

BBC Press and Publicity should also be alerted.

The need for transparency is paramount. Audiences will value our openness. Online, we may wish to publish an explanation and an FAQ to give people more information about what has gone wrong and why.

15. Documentation and verification

15.1 Independent verification and adjudication

(itacu@bbc.co.uk)

Last updated July 2019

Guidance: Interacting with children and young people online

Editorial Policy issues

This guidance note relates to the following Editorial Guidelines:

Children and Young People as Contributors
See Editorial Guidelines Section 9: Children and Young People as Contributors

Harm and Offence
See Editorial Guidelines Section 5: Harm and Offence

Privacy
See Editorial Guidelines Section 7 Privacy
Competitions, Votes and Interactivity
See Editorial Guidelines Section 17 Competitions, Votes and Interactivity

See also the Guidance Note on Working with Children and Young People as Contributors, which covers working face to face with children but does not deal with online issues.

Key points

Any online safeguarding concerns, whether related to online grooming or child abuse images, must be referred to the Head of Safeguarding, Policy and Compliance [1] immediately.
In the course of our work if we suspect a person under 18 may be at risk, or we are alerted to a child welfare issue, the situation must be referred promptly to the divisional Working with Children Adviser [2] or, for independent production companies, to the commissioning editor. If we are concerned about an adult, including a member of staff, working with a child the situation must be referred promptly to the BBC Safeguarding Lead [3] or Head of Investigations [4] or, for independent production companies, to the commissioning editor.
If a child is in immediate danger or requires medical attention dial emergency services, (999 in the UK), and ask for the appropriate emergency service. The BBC Safeguarding Lead or, for independent production companies, the commissioning editor should be informed urgently.
We should apply the principles of the BBC Child Protection Policy in our dealings with children and young people. [5]
Where a content producer is alerted to a serious case of cyberbullying, they should refer the case to the Head of Safeguarding, Policy and Compliance [6] immediately.
If you find that child sexual abuse images or video have been sent by whatever means to a BBC electronic space, you should contact the Head of Safeguarding, Policy and Compliance [7] immediately.
If you find that material which is criminally obscene or incitement to racial hatred have been sent by whatever means to a BBC electronic space, you should contact the BBC Investigations Service [8].
People who moderate or host should be properly recruited, trained and supervised and have the appropriate formal checks
We should be very careful about how much personal information we collect from children and particularly careful about how much we reveal about them on any BBC site
When we ask children for personal information or user contributions, we should consider what degree of parental consent is appropriate
Messages and other user contributions on children’s sites will normally be checked by a moderator before publication.

Guidance in full

Introduction
Part 1: Online Child Safety
- – BBC Child Protection Policy
- – Suspected “grooming”
- – Cyber-bullying
- – Reporting child sexual abuse images
- – Moderators, Hosts and Statutory Checks
Part 2: Risk, Privacy and Consent
- – Personal Information
- – Parental Consent
Part 3: Content
- – Moderation
- – Search
- – Links

Introduction

(See Editorial Guidelines Section 9: Children and Young People as Contributors: Introduction 9.1)

We should take care to mitigate risk around content, contact and conduct when running interactive online spaces designed to appeal to children

Part 1: Online Child Safety

Suspected “grooming”

It should also be possible for users of the BBC site to report suspected grooming incidents directly to CEOP.

Cyber Bullying

Bullying is the most common form of behaviour that children and young people complain about online.

Pre-moderation of BBC spaces designed for children will help protect our users from cyber bullying which is in breach of the House Rules and can usually be dealt with and escalated in the normal way.

Reporting child sexual abuse images

The Internet Watch Foundation operates a hotline reporting system for anyone to report child sexual abuse images hosted anywhere in the world.

Moderators, Hosts and Statutory Checks

All chatrooms and message boards on BBC platforms that are designed for children under 13 must be pre-moderated.

Information Rights can offer more advice.

Part 2: Risk, Privacy and Consent

Personal information

where we invite children to send us information about themselves, for example a name and email address to enter a competition, we should explain why we need it in language which children can understand.
it is particularly important that younger children should not get into the habit of easily revealing particularly sensitive personal details about themselves or their family on the Internet.
any information children send to us should only be used for the purpose for which it was sent.
it should be retained securely and only for as long as we need it.
it should not be revealed to a third party, unless they are a contractor or independent production company working for the BBC to deliver the programme or service. If they are, we should explain their involvement in language a child can understand

If in any doubt seek advice from Information Rights.

Parental consent

Where content features material from 13-17 year old children and young people, parental consent may not necessarily always be required unless the content is controversial or sensitive.

Factors to consider when deciding what form of consent may be appropriate:

the amount and sensitivity of the information
the age and maturity of the child. Will they understand what is going to happen to the information or the contribution we want them to send?
their expectations. Our use must be in line with what they expect to happen with their personal details any content they provide to the BBC
the sensitivity of the information
the risks associated with sending the information or publishing the content. What is the likelihood of any adverse effects for the child?
the editorial context