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2.1.2. Legal framework
- The Constitution of the BBC
- The BBC is a public corporation (a 'body corporate') whose principal object is to provide broadcasting services for general reception at home and abroad. As an organisation, the Corporation is governed by a Royal Charter which defines its objects, powers and obligations, its constitution and the sources and uses of its revenues. A Licence and Agreement, granted by the Home Secretary alongside with the Charter, prescribes the terms and conditions of the Corporation's operations. Subject to the general law of the land, and the provisions of the Charter and Licence and Agreement, the BBC has full editorial and managerial independence in its day-to-day programme and other activities.
- The powers, responsibilities and obligations laid upon the Corporation are vested in the Board of Governors, who exercise them through a permanent staff headed by the Director-General, as the BBC's chief executive officer, and the Board of Management. The 12 Governors - of whom one is Chairman, another Vice-Chairman, and three more are respectively National Governors for Scotland, Wales and Northern Ireland - are appointed by the Queen in Council (on the nomination of the Government of the day), normally for five-year terms.
- While the powers of the Government are in theory extensive, in practice these have never been used to prevent the transmission of any specific programme. In October 1988, however, the Government did use these powers to restrict broadcast coverage of statements by the BBC (and the independent broadcasters) supporting or on behalf of organizations associated with terrorism in Northern Ireland.
- Since terms overlap, an element of continuity is ensured in a changing membership. The Governors are not required to make broadcasting their sole concern: they are drawn from a wide variety of background and experience, so as to represent the wider public interest, as well as being the ultimate authority for everything the BBC does.
- Through its directorates, divisions and departments, the BBC is responsible for the whole broadcasting process, from the planning, commissioning and making of radio and television programmes and their technical and engineering infrastructure, through to transmission over the air, by means of its own network of transmitters. It relies, though, on lines and circuits leased or rented from British Telecom for the links between studios and transmitters.
- Under the Broadcasting Act 1990, the BBC is required to commission a proportion of its originated output (excluding news and daily news-related programmes) from independent producers.
- There is a relatively small number of things which the BBC may not do. It may not, for example, carry advertising or broadcast subliminal messages. Neither can the Corporation express its own editorial opinion about current affairs or matters of public policy, other than broadcasting. That is not to say, of course, that controversial programmes are never broadcast, but the BBC undertakes to achieve overall impartiality and fairness.
- The Charter
- The present Charter came into force on 1 August 1981 and is for a period of 15 years, to 31 December 1996. Like previous BBC Charters since the first was granted in 1927 (so effecting the transition from the British Broadcasting Company to the Corporation), it is the primary constitutional document. It lays down the powers and responsibilities of the BBC in meeting its objectives of providing domestic radio and television and overseas broadcasting services. It sets out the composition of the Board of Governors, their appointment and tenure, and their duties. It requires the BBC to appoint National Broadcasting Councils for Scotland, Wales and Northern Ireland, a General Advisory Council and Regional and Local Radio Advisory Councils, and gives it discretion to appoint other advisory bodies. The Charter also deals, in broad terms, with matters of employment and staff relations, and it requires arrangements for obtaining from the public views and opinions of its programmes and for considering criticism and suggestions so obtained. In its financial affairs, the BBC is given the authority in the Charter to receive funds provided by the Parliament (in effect the proceeds of the Licence Fee) and to use them in furtherance of its objectives. The Corporation is required to submit audited accounts, as part of its annual report, for presentation to Parliament.
- The Licence and Agreement
- The second constitutional document governing the BBC's activities (and doing so in greater detail) is the Licence and Agreement. The Corporation is required to obtain this from the Home Secretary who, in 1974, took over responsibility for broadcasting from the Minister of Posts and Telecommunications (as that Minister had, in its turn, earlier taken over from the Postmaster-General). The major part of the Licence and Agreement (which arises from the Wireless and Telegraphy Acts) is concerned with the terms under which the BBC is allowed to establish and use transmitting stations and apparatus for wireless telegraphy.
- Other important clauses reserve certain powers to the Home Secretary, in relation to programmes, and further clauses deal with aspects of programmes and with finance.
- The Governors of the BBC
- The BBC is headed by a Board of Governors, whose members are appointed by the Queen in Council on the advice of the Government. - The Governors, who are drawn from a variety of social and professional backgrounds, legally constitute the BBC. They appoint the Director-General and other senior staff and determine broad policy, and through they leaves the day-to-day functioning of the BBC to its managers.
- The Governors also represent the public interest in broadcasting. They are ultimately responsible for maintaining programme standards -- for example, ensuring that controversial matters are treated impartially and that the BBC provides a balanced service covering a wide range of subject matter.
- The National Broadcasting Councils
- The Governors' responsibility for the programmes is shared in Scotland, Wales and Northern Ireland with the National Broadcasting Councils.
- The main function of these Councils is to control the policy and content of those programmes in the radio and television services of the BBC which are provided primarily for reception in the countries they represent. In this, they are required to have full regard to the distinctive culture, language, interests and tastes of the peoples of their countries. They may also advise the Corporation on any other broadcasting matters which may affect the peoples in these countries.
- Constitutionally, the Council's link with the Corporation is through their Chairmen, who are Governors of the BBC and bear the title of National Governor.
- The members of the National Broadcasting Councils are appointed by the Corporation on the recommendation of panels nominated for the purpose by the BBC's General Advisory Council from among its own members.
- The Advisory Councils and Committees
- The BBC Charter requires the Corporation to appoint a General Advisory Council, regional advisory councils in each of its broadcasting regions in England, and local radio advisory councils in localities served by BBC Local Radio stations. The Charter also empowers the BBC to appoint persons or committees to advise the BBC on 'matters connected with the broadcasting services, business, operations and affairs of the Corporation'. The BBC has taken full advantage of these powers over the years and currently appoints advisers to serve on some 70 bodies, including specialist committees on education, religion, appeals and rural affairs.
- The General Advisory Council (GAC) stands at the centre of the BBC's advisory structure. Although the appointment of a GAC was not made a formal requirement until the BBC was granted its fourth Charter, in 1952, the Council was in fact established much earlier, in 1934, on the BBC's own initiative to 'secure the constructive criticism and advice of representative men and women over the whole field of its activities'.
- Membership of the GAC includes the Chairmen of the BBC's English regional councils and the Chairmen of the various specialist central advisory bodies, all of whom are ex-officio members. Other members are appointed for a term of four years. Every effort is made to appoint members from all parts of the UK and from as wide an area of experience as possible.
- Regional Advisory Councils: The Advisory Councils for the three English regions advise the BBC on the policy and the content of the programmes provided primarily for reception in their respective regions, and on all matters relating to other broadcasting services of the BBC that affect the interest of their listeners (and viewers).
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