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23 November 2009
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Mandatory Referrals

• Introduction
• Controller, Editorial Policy
• Output Controller, television, radio, online or any other service
• Chief Adviser Politics
• Chief Adviser, Editorial Policy
• Royal Liaison Officer
• Controller Northern Ireland

Controller, Editorial Policy

Below is a list of all the mandatory referrals to Controller Editorial Policy as set out in the BBC Editorial Guidelines. Click on the referral to see it in the context of the Guidelines. The final responsibility for these mandatory referrals lies with Controller Editorial Policy.

BBC Divisions have nominated specific people to be the first point of contact for these mandatory referrals. Go to the Editorial Policy Gateway site for the relevant contact points for your division. (Please note: this is an internal BBC link.)

If you work for an independent refer upwards to the relevant BBC Commissioning Editor who should contact Controller Editorial Policy. Controller Editorial Policy is David Jordan.

Content Producers must refer to Controller Editorial Policy any proposal to:

SECTION 1: THE BBC's EDITORIAL GUIDELINES

• any proposal to step outside the BBC Editorial Guidelines.

SECTION 2: ABOUT THE GUIDELINES

• any decision to proceed with a programme despite legal advice must be referred to the most senior editorial level and Controller Editorial Policy.

SECTION 5: FAIRNESS, CONTRIBUTORS and CONSENT

• broadcast a serious allegation resulting from our own journalism without giving those concerned an opportunity to reply. The allegation must be in the public interest and there must be strong reasons for believing it to be true.
• portray a real person in a significant way in a drama without the approval of the individual portrayed, or their surviving near relatives before a commitment is made to the production.

SECTION 6: PRIVACY

• use unattended recording equipment on private property without permission of the owner, occupier or agent unless for the purpose of gaining evidence of serious crime.
• feature people in a live broadcast without their knowledge, whether in person or on the phone.
• broadcast any recording, including a telephone call, originally made for note-taking purposes.
• except for daily news gathering, record an interview with someone, whether in person or on the phone, who is not expecting to be interviewed and where we have also not previously tried to make an appointment for an interview with them ("door-stepping" without prior approach).
• feature people in a live broadcast of comedy or entertainment programmes without their knowledge, whether in person or on the phone.
• broadcast secretly recorded material made by others and not gathered according to BBC Editorial Guidelines. The material must be clearly in the public interest.
• gather material illegally outside the UK by disregarding privacy or other laws.

SECTION 7: CRIME and ANTI-SOCIAL BEHAVIOUR

• interview a criminal active in or wanted in the UK.
• contact or interview escaped prisoners or people wanted by the police in the UK.
• grant anonymity to anyone seeking to evade UK law.
• enter a UK prison to interview a prisoner for broadcast without permission from the prison authorities.
• publish the name or picture of a paedophile or sex offender who has served a sentence and been released from prison but whose name has not been made public by the UK police.
• witness or record a specific and serious illegal activity. This must be referred through a senior editorial figure or for Independents through the commissioning editor.
• pay, promise to pay or make a payment in kind to criminals or former criminals, directly or through agents, for an interview or other contribution relating to their crimes. In general the same applies to their associates, who may include family, friends or colleagues.
• pay or promise to pay, a witness, or anyone who may reasonably be expected to be called as a witness during active criminal proceedings or where proceedings are likely and foreseeable.
• pay people whose behaviour is either seriously anti-social or whose activities have attracted serious notoriety.
• hand over transmitted material in connection with litigation.
• play or hand over untransmitted rushes to a third party (excluding programme previews).
• employ someone known to have a criminal record or background of illegal activity to work on a BBC investigation into crime or serious anti-social behaviour. This includes editorial members of the production team and undercover operatives.
• approve a job application by an undercover operative working on a BBC investigation.

SECTION 9: CHILDREN

• reveal a child's personal information to a third party, for example if we suspect child abuse. Programme Legal Advice must also be consulted.

SECTION 11: WAR, TERROR & EMERGENCIES

• Any situation where BBC staff may be in potential breach of the Terrorism Act.
• Any approach from the Defence Advisory Notice Secretary.
• approach an individual or an organisation responsible for acts of terror for an interview.
• broadcast material recorded at a staged event in the UK, or overseas where threats are made against UK citizens.

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