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23 November 2009
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Guidance

Secret Recording

• Introduction
• Secret Recording Applications: News and Factual Programmes
• Secret Recording Applications: Entertainment and Comedy Programmes

Introduction

This guidance should be read in conjunction with Editorial Guidelines Section 6: Privacy .

Secret Recording mandatory referrals to Controller Editorial Policy

Content Producers must refer any proposal to:

• use unattended recording equipment on private property without the consent of the owner, occupier or agent for the purpose of gaining evidence of serious crime.
• broadcast any recording, including a telephone call, originally made for note-taking purposes.
• feature people in live broadcasts of comedy and entertainment programmes without their knowledge.
• broadcast secretly recorded material made by others and not gathered according to BBC Editorial Guidelines.

Secret Recording is a two-stage process: the gathering of secretly recorded material, and the transmission of the material. Either process could amount to an intrusion and they must be considered and approved separately to ensure any invasion of privacy is justified by a clear public interest.

Secret Recording proposals for News and Factual programmes may be made using the form here . Proposals for Comedy and Entertainment purposes should use the form here .

Proposals require an approval by the relevant senior editorial figure in each Division (or the relevant Commissioning Editor for Independents) in advance of carrying out recording. Further approval should be logged on the proposal form prior to transmission.

It is advisable also to complete a Secret Recording form when using material gathered secretly by outside sources or when reusing material we have gathered secretly ourselves (see below).

Each Division is responsible for maintaining these records to enable the BBC to monitor and review the use of such techniques across its output. A signed record must be kept of the approval process, even if the request is turned down, and secretly recorded material must be logged. This record is required even if the material gathered isn't broadcast.

Any deception required for the purposes of obtaining material and secret recording should be the minimum necessary and proportionate to the subject matter and must be referred to the relevant senior editorial figure or commissioning editor for Independents.

Re-use of Secret Recording

We should consider public interest, privacy and fairness issues when proposing to re-use secretly recorded material.

The re-use of secretly recorded material must be referred to a senior editorial figure or commissioning editor for Independents, who may consult Editorial Policy, before transmission and a record kept of the decision.

In the case of commercial channels who must comply with the Ofcom Broadcasting Code the re-use of secretly recorded material must be considered and logged by channel managers for each separate transmission.

Secret recordings from outside sources

Secret recordings made by others and offered to the BBC for broadcast should pass the same tests we use for gathering our own material. If it was not gathered according to BBC Editorial Guidelines it should not normally be broadcast. Any proposal to broadcast such material must be referred to Controller Editorial Policy. Approval will only be given if there is a clear public interest in broadcasting it, however it was obtained.

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