Information Commissioner's Office

BBC

1 October 2007, Other

The complainant asked the BBC for details of the estimated value of prizes given out in competitions run by BBC Wales Radio/Television and a breakdown of this figure - to include the total amount handed out in cash and detailed examples of the range of prizes. The complainant also asked if BBC Wales has an annual budget for prizes and, if so, what it was in 2004 and 2005. The BBC refused to provide this information stating that it was not a public authority in relation to the complainant’s request because the requested information was held for the purposes of journalism, art or literature within the meaning set out in Schedule 1, Part VI of the Freedom of Information Act (“Schedule 1”). As an alternative argument the BBC has applied the exemption under section 43 (Commercial interests) to withhold the information from the complainant. After careful evaluation of the nature of the request, the submissions of both parties, and the relevant provisions of the Act, the Commissioner’s decision is that the information is held for purposes other than journalism art and literature and had therefore failed to deal with the complainants request in accordance with Part 1 of the Act. He also finds that the exemption under section 43 was not engaged. The complaint has been upheld and the Commissioner requires that this information is provided to the complainant.

FOI 1: Upheld