Raheem KassamBy email to: email@example.com August 2012Dear Mr Kassam,
Freedom of Information request
Thank you for your request to the BBC of 19 July, seeking the following information under theFreedom of Information Act 2000:
1) The Balens Report 2) How much in legal costs the BBC has incurred due to or regarding the Balens Report
I will address each of your questions in turn.1.
The information you have requested is excluded from the Act because it continues to beheld
for the purposes of ‘journalism, art or literature.’ The BBC is therefore not obliged to
provide this information to you and will not be doing so on this occasion. Part VI of Schedule 1 toFOIA provides that information held by the BBC and the other public service broadcasters is only
covered by the Act if it is held for “purposes
than those of journalism, art or literature
”.The BBC is not required to supply information held for the purposes of creating the BBC’s output
or information that supports and is closely associated with these creative activities.
The Balen Report is an internal review of programme content which is currently held to inform
and support the BBC’s coverage of the Middle East. As such, the BBC considers that it is clearly
being held for the purposes of journalism, and therefore the BBC is under no obligation todisclose it.The BBC has previously declined, under the Act, a number of requests for the Balen Report forthe same reason. The Act affords the BBC protection for its journalistic and editorial
1 For more information about how the Act applies to the BBC please see the enclosure which follows this letter.Please note that this guidance is not intended to be a comprehensive legal interpretation of how the Act applies to theBBC.