17 March 2008, Other
The complainant asked the BBC how much the new weather graphics cost. The BBC refused to provide the information on the basis that it was not a public authority in relation to the complainant’s request because the information was held for the purpose of journalism, art or literature within the meaning set out in Schedule 1 of the Act. As an alternative argument the BBC has applied the exemption under section 43 (commercial interests) to withhold the information from the complainant. After a careful evaluation of the nature of the request, and the relevant provisions of the Act, the Commissioner’s decision is that the BBC has incorrectly applied Schedule 1 and that the information is held for purposes other than those of journalism, art and literature. However, the Commissioner finds that the exemption under section 43 is engaged and that the public interest favours maintaining the exemption.
FOI 17: Upheld