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BBC falls short of independent productions quota

PN 27/03    17 March 2003

The BBC has missed the statutory target to ensure that at least 25 per cent of 'qualifying programmes' were independent productions in the period 1 April 2001 to 31 March 2002. It achieved a figure of 21.8 per cent.

Download Independent productions transmitted by the BBC (pdf 113 kb)

The BBC did meet the secondary requirement that independent programmes were of satisfactory range and diversity in terms of both hours broadcast and cost of acquisition. The monitoring does not extend to the BBC's digital channels.

The OFT's ninth statutory report on the BBC's transmission of independent productions has been made to the Secretary of State for Culture, Media and Sport. Once the OFT has reported, it becomes a matter for the Secretary of State to consider any appropriate action.

NOTES

1. Last year's report found that the BBC achieved a figure of 23.7 per cent between 1 April 2000 and 31 March 2001 (see OFT press release 62/02).

2. Under section 186(1) of the 1990 Broadcasting Act (the Act), the BBC has a duty to secure that, in each relevant reporting period, not less than 25 per cent of the total amount of time allocated to the broadcasting of qualifying programmes is allocated to the broadcasting of a range and diversity of independent productions. According to section 186(2) a range of independent productions refers to a range of such productions in terms of cost of acquisition as well as in terms of the types of programmes involved. Under section 186(9), the relevant period for the purpose of this report is 1 April 2001 to 31 March 2002.

3. Under section 186(3) of the Act, the Director General of Fair Trading is required, in respect of each relevant period, to make a report to the Secretary of State for Culture, Media and Sport on the extent to which the BBC has, in his opinion, performed their statutory duty under these provisions. Section 186(4) provides that this report may contain an account of the reasons for his conclusions. Under section 186(6), he is required to publish his report.

4. The expressions 'qualifying programmes' and 'independent productions' are defined in the Broadcasting (Independent Productions) Order (SI 1991 No 1408 amended by SI 1995 No 1925). With certain exceptions, 'qualifying programmes':

• are made or commissioned by the BBC; if another party is involved, the BBC must bear at least a quarter of the production costs; or
• consist of live coverage of an event provided by another party, when at least a quarter of the programme has been made or commissioned by the BBC.

5. In this press release the functions of the Director General of Fair Trading (DGFT) under the Act are for simplicity described as the functions of 'the OFT'. The Enterprise Act 2002 will replace the office of the DGFT with the OFT, to which will be transferred the DGFT's functions. The relevant provisions of the Enterprise Act are expected to come into force in April 2003.

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