Summary: The complainant requested information in relation to the public authority-™s decision to air the E4 channel on Freeview platforms especially given the fact that the channel continued to be available for some time afterwards on a subscription only basis on Sky. The public authority declined the requests on the basis of the exemptions at sections 41 (confidential information) and 43(2) (commercial interests) and during the course of the Commissioner-™s investigation argued that the requests were vexatious in accordance with the provisions of section 14(1). The Commissioner decided that the requests were not vexatious within the meaning of section 14(1) of the Act. He also found that some of the withheld information had been correctly withheld on the basis of sections 41 and 43(2) but the remainder should have been disclosed because the exemptions did not apply. Consequently, he found the public authority in breach of sections 1(1)(b) (Right of access to information held by public authorities) and section 10(1) (Time for compliance with requests). He additionally found the public authority in breach of sections 17(1)(b) and 17(3) (Refusal of request). Information Tribunal appeal number EA/2010/0134 part-allowed.
Section of Act/EIR & Finding: FOI 10 - Complaint Upheld, FOI 14 - Complaint Upheld, FOI 17 - Complaint Upheld, FOI 41 - Complaint Partly Upheld, FOI 43 - Complaint Partly Upheld