The Broadcasting Complaints Commission (Hansard, 22 October 1992)

Viscount Astor
My Lords, under Section 146 of the Broadcasting Act 1990 the Broadcasting Complaints Commission is required to publish periodical reports of individual complaints that it has dealt with. Where the commission has adjudicated on the complaint the report must contain a summary of its findings.

§ Viscount Tenby
My Lords, I thank the Minister for his Answer. However, will he accept that it is bordering on the ridiculous for the Broadcasting Complaints Commission to refuse to give a verdict to a complainant—to use a rather curious phrase—as a matter of principle? Does he agree that the main task of any complaints authority must be to say in quite unequivocal terms whether or not a complaint has been upheld? That task, incidentally, is one which is carried out admirably by similar bodies such as the independent Radio Authority and the ITC.

Viscount Astor
My Lords, the Government believe that the commission performs a very useful function in providing an avenue of redress for members of the public who feel that they have been badly treated by the broadcasters and for those whose complaints fall within the commission's remit. The formulation of the summaries of the findings is of course a matter for the commission.

§ Lord Renton
My Lords, is my noble friend aware that Parliament has placed upon the commission a quasi-judicial function to decide complaints and let the complainants know the result of the decision? Is he also aware that if the commission fails to do so, it is not acting quasi-judicially and is not following the simplest rules of justice?

Viscount Astor
My Lords, the complaints made to the commission are often extremely complex, as are the answers. It is not often a simple black and white answer as to whether or not a complaint is right; indeed, there are aspects to some complaints that may or may not be correct.

§ Baroness Birk
My Lords, I should like the Minister to put me right in one respect. Am I wrong to be under the impression that in fact the findings are sent to the complainant, that they are also published in the TV
844 Times and then during a peak-viewing hour the answer is given in a programme? Has this situation arisen because of one particular case—which I believe may have triggered this matter off—where the complainant wanted the matter gone into again but ultimately disagreed with the findings? I think that that is fair and one cannot argue with that. But is there a possible appeals procedure? Perhaps there is and I do not know of it. Can the Minister let me know?

Viscount Astor
My Lords, the noble Baroness is absolutely right. The Broadcasting Complaints Commission sends copies of its adjudications to the complainant and to the broadcaster in advance of publication. Copies of all the adjudications are sent to the national and provincial press. Of course, as with all decisions of that nature, a complainant may seek judicial review. I understand that at present five such cases are pending.

§ Lord Orr-Ewing
My Lords, will my noble friend seriously consider the point made from the other side of the House? Is it not very unfair on two people to leave them without any knowledge and to use words in the judgment in respect of the programme about which they are complaining such as "misleading" and "partially unfair", while the other four regulatory authorities all come to a clear decision: either it is upheld or it is not? I must say that I do not always agree, but at least they make that judgment. As the matter builds up, it seems desirable for us to find some way of making it possible to appeal against the findings of the commission.

Viscount Astor
My Lords, as I said before, the findings are a matter for the Broadcasting Complaints Commission which I know gives very careful attention to the precise wordings. It would not be appropriate for me to comment on a particular complaint or on the way it was dealt with by the commission. But I repeat that if any complainant is not satisfied they can go down the road of judicial review.

The Earl of Flalsbury
My Lords, for a reason I cannot explain I am in monthly receipt of reports from the Broadcasting Standards Council. I refer to Complaints Bulletin No.21 of October this year. My question is directly concerned with it. A Mrs. Jones of Dyfed complained at the showing of a homosexual wedding ceremony which concluded with two men kissing each other. The complaint was upheld. I have now read that out. It is a public document which will appear in Hansard. Is there any good reason why Mrs. Jones of Dyfed should not know what I know?

Viscount Astor
My Lords, the noble Earl is talking about the Broadcasting Standards Council which is a different body responsible for standards of taste and decency; for example, the portrayal of sexual violence in programmes generally. The Broadcasting Complaints Commission adjudicates upon complaints of unjust treatment of broadcast programmes which affect an individual who is mentioned or referred to or who has something to do with the programme.

§ Lord Orr-Ewing
My Lords, this point arises out of my noble friend's earlier reply. Perhaps I may point 845 out that judicial review will take a year or two and cost the complainant £100,000 in legal fees. It is not a sensible solution. Surely one could have an appeal procedure which is quicker and cheaper?

Viscount Astor
My Lords, that would be difficult because the Broadcasting Complaints Commission takes a long time to come to its decisions. It is a costly procedure. It takes decisions with extreme care.

§ Lord Peyton of Yeovil
My Lords, would it be possible to amalgamate the two bodies to which my noble friend has referred?

Viscount Astor
My Lords, we have no intention of doing so at the moment. As I said, they carry out two separate functions.

§ Baroness Birk
My Lords, the Minister, perhaps inadvertently, did not reply to one of the questions I asked, which may have been one of the most important. It related to the possibility of having an appeals procedure which would deal with the whole matter.

Viscount Astor
My Lords, I apologise to the noble Baroness if I did not give her a full answer. My right honourable friend the Secretary of State will keep the matter under review, but we have no plans to legislate to change the way in which complaints are dealt with at the moment.

§ Viscount Tenby
My Lords, is the Minister aware that the complainant involved is not querying the findings? That is not the point. He is asking that a verdict, in simple unequivocal terms, be given as to whether or not the complaint is upheld. In the light of those circumstances—I accept that there may not be a statutory obligation on the part of complaints authorities to do so—will he undertake to remind such bodies of the desirability of their communicating, in simple English, such facts, as a matter of common sense and justice?

Viscount Astor
My Lords, the new chairman of the Broadcasting Complaints Commission, the Reverend Canon Peter Pilkington, is seeing my right honourable friend the Secretary of State next Monday. We shall of course draw his attention to what has been said in the House today.

§ Lord Donaldson of Kingsbridge
My Lords, surely it is not a question of common sense; it should be a question of obligation. I have followed this discussion with total puzzlement. If one makes a complaint to a complaints commission, what does one receive as a result? Will the Minister tell me that?

Viscount Astor
An answer, my Lords.

§ Lord Donaldson of Kingsbridge
My Lords, that is a frightfully good joke of a not very high level. Will the Minister please give me a proper reply?

Viscount Astor
My Lords, as I said, one receives an answer from the Broadcasting Complaints Commission. One does not receive an answer from the 846 Government. It is the Broadcasting Complaints Commission which is responsible for giving the answer.

§ Lord Donaldson of Kingsbridge
My Lords—

Noble Lords
Oh!

§ Lord Donaldson of Kingsbridge
My Lords, I cannot help it if noble Lords are bored with the subject. It is a matter of interest. If one complains to a complaints commission one must be told whether or not the complaint is upheld. As I understand it, the noble Viscount, Lord Tenby, was saying that that was not being done. Is that the case or not?

Viscount Astor
My Lords, some of the adjudications made by the Broadcasting Complaints Commission are complex. It would not be proper for me to try to paraphrase in simple language a complicated summary of a complicated complaint.