Party Political Broadcast, Party Election Broadcast and Referendum Campaign Broadcast Complaints Process February 2012

Transcription

1 Party Political Broadcast, Party Election Broadcast and Referendum Campaign Broadcast Complaints Process February

2 Party Political Broadcast, Party Election Broadcast and Referendum Campaign Background 1.1 The BBC is required to include Party Political (including Party Election) Broadcasts and Referendum Campaign Broadcasts - referred to in this document as PPBs, PEBs and RCBs respectively - in some or all of its UK Public Broadcasting Services. The BBC Trust is required to determine which UK Public Broadcasting Services should feature such broadcasts and the basis on which they should be included (the latter being referred to as allocation criteria) Only political parties which have been designated by the Electoral Commission as registered political parties are eligible for PPBs and PEBs Only those permitted participants, which have been designated by the Electoral Commission as designated organisations, in relation to a referendum campaign, are eligible for RCBs The Executive has responsibility for applying the allocation criteria to identify which registered political parties will be afforded a PPB or a PEB, and the length and frequency of PPBs, PEBs and RCBs (referred to as the PPB, PEB or RCB allocation). 1.5 This process is designed to be used by any aggrieved or adversely affected entity or individual regarding the Executive's allocation decision (subject to the requirements for bringing a complaint or appeal). Generally such entities will be registered political parties (including their candidates) in 1 See Clause 48(2) of the Agreement The Agreement is available at the following URL: In setting its policy with respect to such broadcasts, the BBC must take account of any views expressed by the Electoral Commission: see section 11(3) of, and paragraph 4(6) of Schedule 12 to, the Political Parties, Elections and Referendums Act 2000 The Political Parties, Elections and Referendums Act 2000 (PPERA0 is available at the following URL: 2 PPERA, section 37 3 PPERA, sections 108 and 127 2

3 respect of PPBs and PEBs and by permitted participants, in relation to RCBs, as they are directly affected by such allocations. PPB, PEB and RCB approval process 2.1 The BBC Trust commissions the Executive to develop the allocation criteria for its review and approval. 2.2 The Executive will apply the Trust approved allocation criteria to determine allocations. Complaints regarding allocation should be directed to the Executive in the first instance. If the complainant remains dissatisfied, the Executive's decision is subject to appeal to the Trust. General principles for allocation complaints 3.1 The allocation criteria identify: a) which of the BBC s UK Public Broadcasting Services are in principle to include PPBs, PEBs and RCBs; b) the basis on which such broadcasts are to be included in the UK Public Broadcasting Services (e.g. in relation to PEBs by reference to the number of candidates fielded and past or current electoral support, or in relation to RCBs by reference to who is a designated organisation); c) the terms and conditions subject to which such broadcasts are to be included in the BBC s UK Public Broadcasting Services. 3.2 In the case of PPBs and PEBs the Executive apply the allocation criteria in order to determine which registered political party will be afforded one or more broadcasts and how many. 3.3 In the case of RCBs the Executive apply the allocation criteria in order to determine how many broadcasts will be afforded to the designated organisations. 3.4 The Executive determine the length, frequency and scheduling of the broadcasts. 3.5 The BBC will require registered political parties or permitted participants who wish to complain respectively about PPB, PEB or RCB allocations, to give notice of their complaint within set timeframes. 3.6 Complaints about PPB allocation (excluding PEBs) should be made to the BBC Executive within 10 working days of publication on the BBC website of PPB allocations (which is normally on the same day that political parties are informed of their allocations). 3

4 3.7 In relation to complaints about PEB and RCB allocations, once an election or a referendum has been called, and the election or referendum period is known, the BBC will publish timeframes for receiving complaints and appeals about allocations on the Trust website (referred to as relevant timeframes in this document). 3.8 Generally, PEB complaints will need to be notified to the BBC within a reasonable timeframe prior to the close of nominations. 4 Once nominations have closed, a short timeframe may apply for submission of complaints. 3.9 Similarly, RCB complaints will need to be notified to the BBC within a reasonable timeframe prior to the Electoral Commission announcing the designated organisations. Once the designated organisations are announced, a short timeframe may apply The BBC will endeavour to expedite complaints and appeals regarding PEB or RCB allocations where appropriate. Requirements for making a complaint or appeal using this process 4.1 The BBC has a standard three stage complaints process. Stage one and two complaints are heard by the Executive and stage three is an appeal to the Trust. 4.2 Complaints relating to the Executive's decision on allocation of PPBs, PEBs or RCBs should be directed to the Executive in the first instance. If the complainant remains dissatisfied, the Executive's decision is subject to appeal to the Trust. 4.3 This complaints process is designed to consider the complaints by entities directly affected by the Executive's allocation decision. Generally such entities will be registered political parties in the case of PPBs and PEBs or permitted participants in the case of RCBs). 4.4 Complaints and appeals may not be accepted for consideration if: They are vexatious or trivial; They do not raise a matter of substance; It would not be appropriate, proportionate or cost effective to hear the complaint; They are relevant to matters which are the subject of, or likely to be the subject of, or relevant to, legal proceedings; 4 PEB s are provisionally allocated upon the calling of the election. They are final subject to confirmation of achieving requisite candidate qualification one day after the close of nominations when it is clear how many candidates have been fielded. 4

5 They relate to matters which have already been adjudicated upon by the Trust or a Trust committee; It would be otherwise inappropriate for the BBC to consider the complaint. 4.5 If a large number of complainants complain about a specific action, the Executive may compile a summary of the range of issues raised by the complaints. The complaints will then be considered together across the full range of issues identified. 4.6 Likewise if a large number of complainants appeal against a specific decision by the Executive, the Trust may compile a summary of the range of issues raised by the complaints. The appeals will then be considered together across the full range of issues identified. 4.7 At each stage, complainants must normally set out in writing the grounds on which their complaint or appeal is based. This statement should ordinarily be limited to 1000 words. Where a complaint relates to disputes about levels of electoral support, complainants are required to provide relevant evidence. The BBC may require complainants to provide additional information. 4.8 The Trust will not normally consider on appeal grounds or evidence that were not supplied to the Executive at stage one or stage two. In deciding whether to do so the Trust will (in particular) consider whether it could reasonably have been provided before; whether it is necessary to the fair determination of the matters at issue; and the requirement to put the complainant and the BBC on equal footing so far as it is practicable. Making a complaint about PPBs, PEBs or RCBs (stage 1) 5.1 Initial complaints should be directed to the Chief Adviser, Politics, including the grounds as set out above. The response will be provided in a reasonable timeframe taking into account where relevant an election period or a referendum period, which may mean a short timeframe is required. Please contact: Chief Adviser, Politics BBC Editorial Policy ric.bailey@bbc.co.uk Post: Room

6 White City London W12 7TS Phone: Your complaint should be in writing and submitted by , if possible. A certain level of detail is required to enable complaints to be determined. If you are unable to provide a written document, or have other access issues, please contact the Chief Adviser, Politics for help and advice on how to submit your appeal. 5.3 To enable the Executive to consider your complaint, you should include the following information: Full details of your complaint; and Any relevant supporting evidence. Specifically, in the case of PPBs or PEBs if claims about the level of electoral support are relevant to your appeal, you should include supporting evidence. 5.4 You will receive a written response acknowledging receipt of your complaint which will explain the process and relevant timescales. In the first instance, the BBC s Chief Adviser, Politics will consider your complaint. You may be contacted at this stage with queries or an initial view on your complaint. Additional information may be required from you. 5.5 Following the determination of your complaint, the Executive will provide you with a written response setting out the reasons for its finding. Appealing stage 1 complaint determinations (stage 2) 6.1 Any appeal against the response of the Chief Adviser, Politics should be made to the Director-General, including any new relevant evidence. 6.2 As with stage one, your complaint should be in writing and submitted by , if possible. 6.3 To enable the BBC to consider your stage 2 appeal, you should include the following information: Full details of your complaint including details of your correspondence with the Executive at stage 1 of your complaint; The reasons you are dissatisfied with the response of the Chief Adviser, Politics; and Any relevant supporting evidence. Specifically, in the case of PPBs or PEBs, if claims about the level of electoral support are relevant to your appeal, you should include supporting evidence. 6.4 You will receive a written response acknowledging receipt of your appeal which will explain the process and relevant timescales. The Director- General will consider your complaint. You may be contacted at this stage 6

7 with queries or an initial view on your complaint. Additional information may be required from you. 6.5 Following the determination of your appeal, the BBC will provide you with a written response setting out the reasons for its finding. 6.6 This response will also be provided in a reasonable timeframe. In the case of PEBs or RCBs the election period or referendum period respectively will be taking into account, which may mean a short timeframe is required. Appealing stage 2 complaint determinations (stage 3) 7.1 If you wish to appeal against the Executive s determination of your complaint at stage 2, you may appeal to the Trust. Please contact: BBC Trust trust.editorial@bbc.co.uk Post: 180 Great Portland Street London W1W 5QZ Phone: The appeal request should be in writing. A certain level of detail is required to enable appeals to be determined. If you are unable to provide a written document, or have other access issues, please contact the BBC Trust information line on / textphone for help and advice on how to submit your appeal. 7.3 To enable the Trust to consider your appeal, you should include the following information: Full details of your appeal, including details of your correspondence with the BBC Executive and your stage one and two appeals. The reasons you are dissatisfied with the responses of the Executive. Details of your grounds of appeal and any relevant supporting evidence. Specifically, in the case of appeals regarding PEB or PPB allocations if claims about the level of electoral support are relevant to your appeal, you should include supporting evidence. 7.4 You will receive a written response acknowledging receipt of your appeal. In the first instance, the BBC Trust s Head of Editorial Standards will consider your appeal against the requirements for bringing an appeal. You may be contacted at this stage with queries or an initial view on your appeal. Additional information may be required from you to enable the Trust to decide if it will determine your appeal. The Trust is the final arbiter 7

8 if any question arises as to whether an appeal is for the Trust to determine or not. 7.5 If your complaint qualifies for an appeal it will be heard by the Trust s Editorial Standards Committee (ESC). However, at the Trust s discretion, the Trust may consider an alternative process where appropriate. A letter will be sent to you confirming whether your appeal will be determined by the Trust. This letter will explain the process and relevant timescales for the handling of your appeal. 7.6 The Trust may, exceptionally, hold an oral hearing, if it appears necessary to do so to determine the appeal fairly. Generally, the Trust will not hold an oral hearing unless it appears to the Trust that there is a factual dispute which can only be determined by hearing oral evidence. 7.7 Following the determination of your appeal, the Trust will provide you with a written determination setting out the reasons for its finding. If your appeal is upheld, the response will outline the remedy (if any) that the Trust will require of the Executive. 7.8 This may include: Requiring the Executive to reconsider its allocations Requiring the Executive to alter its approach to allocations in that instance and/ or on an ongoing basis. 7.9 Details of determined appeals will be published on the Trust website unless this would be inappropriate (eg to protect the privacy of an individual). Version Date of Approved by the Summary of changes since previous publication Trust version 1.0 January January 2010 NA 1.2 December December 2010 The complaints process was amended to incorporate complaints raised regarding the allocation of Party Political Broadcasts and Referendum Campaign Broadcasts. (in addition to Party Election Broadcasts) 1.3 February February 2012 The post of Deputy Director General was dis-established in March Stage 2 of the complaints process has therefore been amended to provide that the Director General will consider appeals from the decision of the Chief Adviser Politics. [See Stage 2, paras 6.1 to 6.6] 8