13.1 Introduction
The ÃÛÑ¿´«Ã½'s editorial archives are an important national record and a useful and valuable resource. It is in the public interest[1] for the archives to be available where possible and appropriate.
The archives consist of all content produced and published by the ÃÛÑ¿´«Ã½. They also include some unpublished/unbroadcast rushes and audio recordings and written material, such as research notes, correspondence and other data that relate to editorial content.
Not all of the ÃÛÑ¿´«Ã½'s archives are publicly accessible – and the extent to which archive material is publicly available varies. There is a presumption that material published online, such as ÃÛÑ¿´«Ã½ News content, is part of a permanently, publicly accessible archive, unless it is made available temporarily. Historic programming may be re-used or reversioned by the ÃÛÑ¿´«Ã½ and, where appropriate and with permission, by third parties. Unpublished/unbroadcast rushes and audio recordings are not publicly available but continue to be part of the ÃÛÑ¿´«Ã½'s archives and may be accessed for re-use by the ÃÛÑ¿´«Ã½ or by third parties, where appropriate.
The ÃÛÑ¿´«Ã½ has a continuing responsibility to treat its content in accordance with the Editorial Guidelines after it has been published or broadcast, for example when it is re-used or reversioned.
This section outlines the additional steps that should be taken when content is re-used or reversioned. It applies to content that is recently broadcast or published, including via online services such as ÃÛÑ¿´«Ã½ Sounds or ÃÛÑ¿´«Ã½ iPlayer, and to content that is historic. It also applies whether the content is being re-used or reversioned by the ÃÛÑ¿´«Ã½ or by a third party.
It covers requests by third parties for any ÃÛÑ¿´«Ã½ material and also addresses how to manage online content, including requests for removal or amendment.[2]
13.2 Principles
13.2.1 When re-using or reversioning content, the current Editorial Guidelines must be taken into account. Content within the archives would have been made to the ÃÛÑ¿´«Ã½'s editorial standards of the day and, with the passage of time, those standards may have changed.
13.2.2 There is a continuing responsibility to respect privacy and to be fair to contributors, when re-using or reversioning content.
13.2.3 There is a presumption that material published online is part of a permanently, publicly accessible archive, unless it has only been made available temporarily. The online archive must be preserved in as complete a state as possible.
13.2.4 Content published with the expectation of remaining permanently available, particularly news content, should not normally be amended and should only be removed or hidden in exceptional circumstances.
(See 13.4.27)
13.2.5 There is a continuing responsibility to consider the ÃÛÑ¿´«Ã½'s impartiality, editorial integrity and independence; these must not be compromised when content is re-used or reversioned, whether by the ÃÛÑ¿´«Ã½ or a third party.
(See Section 16 External Relationships, Including Commercial Relationships, and Financing: 16.2.1)
13.3 Mandatory Referrals
Mandatory referrals must be referred in advance. Mandatory referrals are an essential part of the ÃÛÑ¿´«Ã½'s editorial and compliance process and must be observed.
Referrals to Director Editorial Policy and Standards
13.3.1 All requests for unpublished, unbroadcast or otherwise unused material – including notes – from the police or in connection with court proceedings, possible court proceedings or other procedures in which the material may be regarded as evidence (such as disciplinary hearings by regulatory bodies), must be referred to Programme Legal Advice and Director Editorial Policy and Standards.
(See 13.4.41)
Other Referrals
13.3.2 Any proposal to use archive content that has previously been found in breach of editorial standards or content regulation codes must be referred to Editorial Policy.
(See 13.4.2)
13.3.3 Any proposal to use a light touch method of compliance for the large-scale release of content must be referred to Editorial Policy.
(See 13.4.8)
13.3.4 Any proposal to use potentially distressing archive content against the wishes of the relevant contributors, victims or the immediate family of dead people must be approved by a senior editorial figure, or for independent production companies by the commissioning editor, who should normally consult Editorial Policy.
(See 13.4.15)
13.3.5 Programme Legal Advice must be consulted about any proposed use of archive material of a crime if potentially related court proceedings are pending or in progress.
(See 13.4.19)
13.3.6 Any plans to re-use, reversion or otherwise make archive content available which features members of the Royal Family or the Royal Palaces must be referred to the ÃÛÑ¿´«Ã½'s Royal Liaison Officer. This does not apply to news content showing members of the Royal Family carrying out public duties.
(See 13.4.20)
13.3.7 If, in exceptional circumstances, there is a proposal not to observe restrictions on the re-use of distressing archive content Editorial Policy must be consulted.
(See 13.4.23)
13.3.8 Any proposal to remove publicly available online content from a ÃÛÑ¿´«Ã½ site or elsewhere, which is either inside the window of availability, or permanently available, must be referred to the relevant senior editorial figure, or for independent production companies to the commissioning editor, who may consult Editorial Policy.
(See 13.4.27)
13.3.9 Relevant Heads of Editorial Standards/Compliance and Complaints must be consulted over the wording of programme-specific explanations for a Revocation, Revision or Correction Label.
(See 13.4.29)
13.3.10 Requests to remove mothballed pages, with a banner headline stating the page has not recently been updated, must be referred to the relevant senior editorial figure.
(See 13.4.30)
13.3.11 All requests by third parties for published or broadcast content in connection with court proceedings, or other procedures in which the material may be regarded as evidence, must be referred to Programme Legal Advice and Editorial Policy.
(See 13.4.32)
13.3.12 UK Public Service and World Service teams must consult Consumer Technology & Products legal team[3] about any request for re-use or reversioning of ÃÛÑ¿´«Ã½ material (including editorial content, metadata and other assets) by third parties as components of artificial intelligence. ÃÛÑ¿´«Ã½ Studios teams must consult ÃÛÑ¿´«Ã½ Studios Regulatory Affairs about any such requests. Editorial Policy may also be consulted in all cases.
(See 13.4.34)
13.3.13 Requests from third parties for access to unused material, including notes, rushes or audio recordings, must be referred to Editorial Policy who may consult Director Editorial Policy and Standards in sensitive cases.
(See 13.4.36)
13.3.14 Any proposal to give an individual's personal details, comments or other personal information to a third party without the individual's consent should be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who should normally consult Programme Legal Advice and, where appropriate, Information Rights.
(See 13.4.37)
- [1] See Section 1 The ÃÛÑ¿´«Ã½'s Editorial Standards: 1.3 The Public Interest. ↩
- [2] The sections of the Ofcom Broadcasting Code that relate to this are 2: Harm and Offence, 5: Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions, 7: Fairness and 8: Privacy. ↩
- [3] ConsumerTechnology&ProductsLegal@bbc.co.uk ↩