BBC
GOVERNANCE
A Survey of Selected Responses to the BBC Charter Review Process
Simon
Blanchard
September 2004.
1. Introduction 1.1. In December
2003 the DCMS formally launched their Review of the BBC's Royal Charter. The
accompanying consultation framework document stressed that the Review is intended
to be open and wide-ranging, and has only one fixed point, namely "..that
the outcome of Charter review will be a strong BBC, independent of Government."
(DCMS, 2003, p.5.). 1.2. The framework document goes on to sketch out the range
of issues that are likely to feature in public debates, and some of the issues
that might be reviewed - such as the BBC's finances, the scale and scope of
its services, and its relationships with relevant stakeholders. 1.3. This short survey is exclusively concerned with just one
of these agendas, namely the complex of issues that can be grouped together
under the heading of 'governance'. This term is understood as covering an interwoven
mix of issues which focus on 'high level' BBC strategy, structure and oversight.
1.4. As with its use elsewhere in policy debates, 'governance' as a term speaks to the ways in
which these matters of 'high level' direction of the BBC are not in practice
the exclusive prerogative of its senior managers, or even of the Corporation's
Board of Governors. 1.5. The BBC's unique
place in both broadcasting and public life means that a wider range of voices
and actors have a legitimate concern with its operations, and - to very varying
degrees - can be seen as genuine 'stakeholders', ones who both can and will play a part in shaping
its current and future direction. 1.6. This sense of
a wider and more vocal constituency of 'stakeholders' acquired additional resonance in light of the upheavals surrounding
the Hutton inquiry, which put these matters under considerable pressure. 1.7. Nonetheless, there
are good grounds for seeing this agenda as more long-standing, and not just
the product of relatively short-term factors. Indeed, they were the subject of detailed analysis and reflection
during the last Charter Review of the early 1990s (see Shaw, 1993). 1.8. If we recognise
that these matters have been looming up for some time, it comes as no surprise
to find that a significant part of the body of submissions to the current Charter
Review addressed themselves to the 'governance' agenda, and that the BBC has
come forward with its own proposals on this front. (BBC, 2004). 2. The scope of this
survey 2.1. This survey is therefore intended to provide a very brief
roadmap of the main lines of debate and proposal on the BBC governance issue
to date, taking account of the range of voices and perspectives at issue, and
recognising this as terrain on which there is a sharp divergence of underlying
philosophy and mindset - not all of it by any means falling along a conventional
partisan spectrum. 2.2. To keep matters
manageable, the result is inevitably highly compressed, and I have kept direct
quotations to a minimum. Key points are sourced to the relevant document (s),
which are listed in Appendix One. 2.3. The survey is
in 2 parts. The first resumes the main lines of debate on the key issues. In
a second concluding section I offer some brief contextual comments, and suggest
some of the key unresolved questions still 'in play'. PART ONE - KEY ISSUES 3.1. In reviewing the
debates to date we can identify 5 relatively distinct governance topics. These
are: Topic One: The Royal Charter
& Agreement - are they an adequate legal basis for the BBC ? Topic Two: The BBC Governors
- are the procedures for choosing them adequate ? Topic Three: The BBC Governors
- how they relate to the BBC's senior managers. Topic Four: The BBC and
Ofcom - should Ofcom have a larger role in the regulation of the BBC ? Topic Five: The BBC Governors
- how they relate to the public 3.2. We examine these now in turn. 4. The BBC's Legal Standing 4.1. The BBC has operated
under the terms of a Royal Charter and accompanying Agreement since 1927. These
define the BBC's powers and duties, and frame its place in the broad constitutional
landscape. The current Charter ends on 31 December 2006. 4.2. The Royal Charter has proved a resilient framework over
many decades, and there are those who see no reason to move away from it at
the present time: "..A Royal Charter
continues to be the most appropriate basis for establishing the BBC. It situates
the Corporation outside the commercial sector and the party political system.
It also has the potential to reinforce the link between the Crown and the people.."
(VLV, 2004, pg 4). 4.3. Conversely, a number of commentators have been suggesting
for some time now that the Charter is not an adequate legal instrument for a
pivotal public body like the BBC. On this view, the Charter is - to use Bagehot's
distinction - most certainly 'dignified', but no longer 'efficient'. (see:Barendt,
1993; Curran, 1998). 4.4. As Tongue and
Ward put it, the Charter "..is ill-suited
to set out the duties and responsibilities
of the contemporary BBC.." (Tongue and Ward, 2004,
pg 11). Like a number of other respondents they suggest that it should
not be renewed, but "..replaced with a more suitable instrument.."
(ibid). 4.5. At this point,
respondents diverge somewhat on the shape and purpose of any replacement for
a Royal Charter. For Tongue and Ward, the replacement should provide 'something
far more permanent both in terms of reviews of the BBC's services and its legal
standing and obligations.." (ibid), but they do not indicate any more
specific legal structure. 4.6. In contrast, the Broadcasting Policy Group also support
non-renewal of the Charter, and propose "an entirely new Corporation structured along conventional corporate lines.." (BPG, 2004, pg 59), "..with shares to be owned by government..". (ibid). The BPG point
to the existing corporate structure of Channel 4 as a relevant precedent in
this regard. 4.7. As the BPG note, a BBC with a permanent legal personality
rather than a time limited Royal Charter could enjoy significant advantages.
"..The whole process of Charter review
at 10 -yearly intervals, and the uncertainty it brings with it, would disappear.
The political threat to the Corporation's independence implicit in the prospect
of Charter review would also go.." (BPG, 2004, pg 60.). 4.8. The concluding
passages of the BBC's own statement of case on Charter Review addresses the
issue, and notes that "..we recognise
that the concept of a Royal Charter can seem old-fashioned for a modern media
organisation. The BBC would welcome a broad public debate on whether other models
might be better. For example, further consideration could be given to models
such as mutualisation, trust status or establishing the BBC as a public interest
company..". (BBC, 2004, pg 134). 4.9. The submission
also points out that any alternative would need to be "..at least as effective as the current Charter model in underpinning
the BBC's independence and public role.." (ibid). In this respect,
the Royal Charter is seen as a bulwark against more extreme or preremptory reconstructions
of the BBC such as wholesale privatisation or effective abolition. 4.10. Given the political and constitutional sensitivities
of this issue from a range of standpoints, it seems likely that any alternative
to current arrangements will require a broad basis of support and acceptance,
both amongst the political class and the public at large. 4.11. If that is so, it is worth noting the findings on this
topic from the DCMS report on the public consultation process. This notes that,
on the question of whether the Royal Charter remains the best legal basis, "..we
received few responses on this point. Among those who expressed an opinion,
there was little support for alternatives, including constitution by Act of
Parliament.." (DCMS, 2004, pg 42). 5. BBC Governors - Recruitment
and Selection 5.1. The DCMS consultation also noted that the public at large
demonstrated a marked lack of knowledge about the role of the BBC's Governors.
As one respondent to the DCMS put it, "...We plough our licence fee into the vehicle called the BBC and we don't
really know who is driving it, or even if they know how to drive."
(DCMS, 2004, pg 39). 5.2. Amongst those who did express a view on the Governors
and their role, there was a fairly widespread current of dissatisfaction with
current procedures for their recruitment and selection. As Tongue and Ward put
it, "..there is a strong case for
the reform of the nature and constituency of the current board of governors.."
(Tongue and Ward, 2004, pg 9), which they describe as "..largely
unreflective of the diversity of modern society.." (ibid).. 5.3. On a somewhat
different note, other commentators have argued that the existing procedures
are not sufficiently robust to provide the BBC with the strategic oversight
it demonstrably needs. As Public Voice put it: "...the
governors will need to possess an extraordinary strategic grasp of the nature
of public service communications in the digital age; together with a great awareness
of the social purposes of the BBC, and of its potential to interact with citizens
as individuals and in communities.."(Public Voice, 2004, pg 14). They go on, "..these qualities have not been evident in the composition of the governors
in the last decade.." (ibid). 5.4. We can also note
that a number of respondents have gone as far as to suggest that recruitment
of BBC Governors should be opened up in ways that go significantly beyond refinements
of the 'usual channels' and Public Appointments Unit protocols. 5.5. In particular,
a number of observers (Harvey, VLV, BECTU, CPBF, NUJ) have suggested that there
would be scope and merit in significantly greater transparency in the recruitment
process, including some degree of direct voting for candidates by licence fee
payers. 5.6. In a notable comment piece, Michael Gove has remarked
on the prevailing culture of secrecy which pervades current procedures: "..At least the BBC allows us to vote for our
favourite comedies. But when it comes to choosing who will actually run the
corporation, we, the public, are treated no better than fools and horses; dumb
creatures who have to accept what they're given.." (Gove, 2004). 5.7. Gove suggests that it is time to 'let in a little daylight on the magic of BBC governance' (ibid).
Like other respondents, he suggests that it is time to allow the public at large
to vote for candidates to these posts. As he puts it, "..the BBC plays a critical role in our democracy.
It's about time democracy started playing a role within the BBC.."
(ibid). 5.8. In their own response, the BBC notes that the precise
functions and duties of the BBC Board of Governors were only set out in the
Charter for the first time in 1997 (BBC, 2004, pg 123) and they observe that
"..people are demanding ever higher
standards of openness and accountability from their public services...The BBC's
standards of responsiveness and accountability must be exemplary."
(ibid, pg 127). 5.9. That said, although the Corporation makes a number of
proposals on reform of governance matters, nowhere in its 10 pages of argument
(BBC, 2004, pp 123-133) does it specifically address the issue of Governor recruitment
or selection, except to note that "..the choice of BBC Governors is for the DCMS
and not for the BBC.." (ibid, pg 129), and to reiterate that the Board
of governors "..should continue to
be comprised of people with a wide range of different experiences and skills..".
(ibid, pg 129). 6. The BBC Governors
- How They Relate To Senior Managers 6.1. As the DCMS consultation
paper notes, the BBC Governors have a "dual role" (DCMS, 2003, pg 24): providing strategic oversight
as de facto non-executive directors; secondly regulating the BBC on behalf of
the public interest. 6.2. As a range of respondents noted, the existing arrangements
place a heavy and arguably somewhat contradictory burden on Governors, who are
expected to act as both "flag wavers"
for the BBC (Liberal Democrats, 2004, pg 5) and regulators of it. 6.3. In the view of
some respondents, this has made the Governors overly dependent on the BBC's
senior management for information and perspective, creating an institutional dynamic in which "..the Governors themselves can appear merely to be rubber-stamping
the corporate line.." (BPG, 2004, pg 58), rather than arriving at a
properly independent oversight of BBC activities. 6.4. As a result, a
range of respondents (e.g. Liberal Democrats, CPBF, NUJ, VLV,C4) took the view
that the Governors as a body required additional capacity to achieve this oversight.
For the bulk of those who took his view, the way forward was to provide the
Governors with their own staff or 'secretariat', together with associated measures
to augment the 'checks and balances' aspects of the Governors' role. Emblematic
of this approach was the VLV's suggestion that "..the
Board of Governors should have separate funding with their own secretariat,
administrative staff and offices outside the BBC.." (VLV, 2004, pg
4). 6.5. In their own proposals
for change, the BBC acknowledges that Governors need to exercise more robust
oversight of BBC activities and plans. As they put it, in future the Governors
"..will act - and be seen to act
- fully independently of the BBC's management and will be resourced properly
in order to make informed and independent judgements.." (BBC, 2004,
pg 128). 6.6. They go on to outline plans for a "..dedicated and strengthened Governance Unit.."
(ibid), reporting solely to the Chairman and Governors, and note that both "..will
be located apart from senior management, to underpin their different roles and
independence from management.." (ibid, pg 129). 6.7. Lastly, we can
note that the recent Graf Report on the BBC's online service also made comparable
proposals to strengthen Governor oversight, especially as regards access to
more expert and independent advice - proposals which the Governors have welcomed
(BBC (2004b)). 7. The BBC and Ofcom 7.1. As has been widely
remarked, the new Communications Act gives Ofcom a significant degree of external
regulatory oversight over the BBC. As the DCMS summed it up, Ofcom now monitors and enforces "..quotas for 7.2. Ofcom also has
statutory duties to review and benchmark the overall 'public service broadcasting'
landscape as a whole, and this requirement (like Ofcom's inception more generally)
has raised the question as to whether it might not be more effective to bring
the BBC fully within the ambit of Ofcom. 7.3. We can note that the arguments in favour of this approach
have been taken up by - amongst others - the House of Commons Committee on Culture,
Media and Sport. They revisited this view in their recent Report on 'Broadcasting
in Transition', which noted that their last general survey of the issues (in
2001) had commented that ".. "The balance of evidence submitted to us, including
from the current regulators, was in favour of the BBC being regulated entirely
by Ofcom." When the previous Committee advocated a single communications
regulator in 1998, the recommended duties included "oversight, for all
broadcasters, including the BBC, of broadcast content regulation and the commercial
activities of broadcasters, with direct oversight of their implementation".
The present arrangements are untidy and lack consistency. The BBC's Royal Charter
review will provide an important opportunity to adjust the relationship between
the BBC and Ofcom.." (House of Commons (2004) para. 51.).
7.4. If the current dispensation is one in which BBC governance
is already shared with Ofcom, the Select Committee's view above is indicative
of a range of voices who favour a more or less rapid transition to a position
in which Ofcom takes on a more complete regulatory role. For example, Channel
4 - in their Charter Review submission - support an immediate strengthening
of the regulatory role for the BBC Governors
(as discussed above), but go on to balance this proposal by suggesting that:
"...The new Charter should be formally
aligned with Ofcom’s quinquennial review of public service broadcast television,
with a consequent expectation that the Charter would undergo an in-depth review
at the end of five years, which should cover the level and method of funding,
the range and remit of services, and governance.
This five year review should include an explicit examination of the desirability
of moving final regulatory control of the BBC from the Board of Governors to
Ofcom.." (Channel 4, 2004, pg. 10). 7.5. Conversely, many
respondents (Liberal Democrats, VLV, NUJ, CPBF, Prowse, Public Voice, Harvey)
were firmly opposed to extending Ofcom's remit in the direction of a more complete
regulatory oversight of the BBC. As
the Liberal Democrat submission noted, Ofcom is "..primarily an economic regulator. This means
it is an unsuitable body to regulate the public service element of the BBC.."
(Liberal Democrats, 2004, pg 7. ). This perceived 'mismatch' between Ofcom's
regulatory ethos and the wider 'political-constitutional' role of the BBC was
a recurrent theme of those - such as Prowse (2004) - who stressed the wider
'public interest' remit of the BBC, which they did not regard as adequately
registered via 'market' or wholly 'economic' criteria. 7.6. That said, for
some respondents (Tongue and Ward, CRA, Liberal Democrats) the solution to this
problem of regulatory mismatch would be solved by setting up a new regulatory
body whose ethos and remit were explicitly tailored to provide external oversight
of the BBC, and - by implication or design - the 'PSB' remits of other broadcasters.
7.7. Not surprisingly, the BBC itself remains unpersuaded of
the merits of either of these options. 'Building Public Value' reiterates the
objections of others about incompatible ethos and the BBC's distinctiveness.
They also point to the potential risks in extending yet further what Prowse
terms Ofcom's 'panoptic' reach: "..under
this proposal, all regulation of content and service development for the British
broadcasting industry would rest with one regulator. Its power would be unprecedented
in UK media history. Ofcom's views on the needs, values and tastes of the British
people would be the only ones that counted. In many ways, plurality in broadcast
regulation is as important as plurality in broadcast content.." (BBC
2004, pg 133). 7.8. Equally, while a separate additional 'PSB' regulator would
enhance regulatory pluralism, it would - the BBC's suggests - inevitably be
subject to the implementation dilemmas that shape all external regulators, and
without the direct 'power of the purse' capacities to pursue its vision that
the BBC Governors can deploy. 8. The BBC Governors - How They Relate to the
Public 8.1. In the summary of their Charter Review public consultations,
the DCMS noted that "..The majority
view from all our consultation and research is that 8.2. As these findings
indicate, the relationship between the BBC and the public is a somewhat paradoxical
one. Both the DCMS and the BBC itself invoke the idea that the public at large
(as both citizens and licence-fee payers) are 'stakeholders' or 'shareholders'
in the BBC, and in 'Building Public Value' the BBC goes so far as to say that
"..The BBC is owned by the British
public.." (BBC, 2004, pg 129). 8.3. As the DCMS findings indicate, the public are inclined
to feel that this 'ownership' should bring with it a more significant degree
of responsiveness to public concerns, and a greater level of public involvement
in the overall direction and shaping of the BBC as an institution. 8.4. Of particular note in this context, the conventional constitutional
'solution' to this conundrum - public accountability via Parliament and Government
- was, as the DCMS notes, quite emphatically sidelined by their public consultations. 8.5. As the DCMS report notes "..It was very clear from all strands of research and consultation that there
is little public appetite for greater accountability of the BBC to either Government
or Parliament.." (DCMS, 2004, pg 45). Indeed they note "..of the 42% of respondents to consultation
who raised accountability as an issue, only 11% said they wanted greater accountability
to Government, compared to 63% who said they wanted less.." (ibid). 8.6. As noted below,
the most widely mooted enhancement of public accountability would be for some
degree of directly elective component in the make up of BBC Governors - a theme
registered in the DCMS consultations, and echoed by a number of the respondents
surveyed here (VLV, Harvey, NUJ, Gove, Liberal Democrats). 8.7. That apart, the DCMS
noted that a range of respondents favoured additional efforts by the
BBC to strengthen accountability to the public, with a range of suggestions
on how this might be done. These included: regular opinion polls, more formal
viewer and listener forums, more effective use of on-line mechanisms, more regular
public consultations, and a stronger, more rapid complaints procedure (DCMS,
2004, pg 43). 8.8. The BBC themselves - in 'Building Public Value' - show
a recognition of the need for change on these fronts, and for this change to
be both demonstrable and visible. 8.9. As a result, 'Building Public Value' outlines a set of
measures to augment the dialogue and engagement between the Governors and the
public (BBC, 2004, pp 129-132). These include: - Incorporating public and audience views more systematically
into the rolling review of BBC services and activities. - A regular Public Value
Review of the BBC, based on a large-scale public survey. - Providing additional
online mechanisms whereby the Governors can interact with the public, seek views,
respond to current issues, hold digital 'surgeries' on specific themes and strands
of BBC output. - Enhancing the BBC's network of advisory councils, and fostering
a programme of open meetings between these bodies, the Governors and the public
at large. - A revised and strengthened complaints process, with a new
Head of Complaints reporting directly to Governors. PART TWO - AGENDAS
AND QUESTIONS 9. The Royal Charter 9.1. In terms of what Peter Hennessy has termed 'the hidden
wiring' (Hennessy, 1995) of the British political system, Royal Charters are
managed via the Privy Council, and, historically, have been conferred on those
bodies and institutions which (in the Privy Council's own words) ".. can demonstrate pre-eminence, stability and
permanence in their particular field..". (Privy Council). 9.2. As with the lobbying in the 1980s to secure a Charter
for the BFI, Charter status has been seen in recent decades as a way to blunt
the more abolitionist tendencies in modern British politics. 9.3. That said, if the core case for retention of a Royal Charter
is simply to act as a talisman to ward off the vampire of abolition, then it
becomes a little clearer why even the BBC is now willing to contemplate alternatives. 9.4. Events over the last year, and the Charter Review debate
indicate that the core challenges to the BBC are not couched in terms of abolition
per se. There is no suggestion from the present government that the BBC might
be abolished, quite the reverse. The Culture Minister has been repeatedly emphatic
that the BBC will continue: "..the only certain outcome of Charter Review will be a strong BBC,
independent of Government.." (DCMS, 2004, pg 2). 9.5. However, as the
DCMS consultation report notes, "..there
was a strong view held by a wide range of industry respondents, particularly
other major broadcasters, that the BBC's system of governance and regulation
is in need of some degree of reform.." (DCMS, 2004, pg 40). 9.6. In agenda terms, the choices in prospect are therefore
looking likely to be more 'mid range', neither abolition nor the status quo.
At very least, it seems likely that the Charter - if retained - could be subject
to significant amendment and clarification, so as to address a variety of current
governance issues in more detail, and (a recurrent theme of some commentators)
to do so in more precise and contemporary terms. 9.7. On this basis, the questions at issue would include: Question: Can the
Charter offer a legal framework which is sufficiently robust to incorporate
the prospective changes, or would it be preferable and simpler to start afresh
with a new legal instrument? Question: For those
who feel the arguments favour a fresh start, are there compelling grounds for
preferring any one of the currently scouted alternatives? Question: Lastly,
what measures might be taken to raise the level of public understanding and
engagement with these issues of BBC governance, which on current modalities
appears to be rather low? 10. BBC Governors -
Recruitment and Selection 10.1. Dissatisfaction with the 'sotto voce' character of recruitment
and selection to key positions in British public life has been a recurrent refrain
for many decades, and it would be unlikely that the BBC - as an 'estate of the
realm' - would be exempt from these pressures. 10.2. In 'constitutional'
terms, the BBC's own stance is evidently one in which any changes on this front
are matters for the Government of the day, more specifically for the DCMS -
illustrating again how governance questions have a broader ambit than more obviously
'internal' agendas. 10.3. More generally,
if both the DCMS and the BBC would like to see a more informed and engaged 'social
contract' between the Corporation and the licence fee paying public, then reform
in this respect has merit as a way to achieve this. 10.4. The findings
of the DCMS consultation on Charter Review registered significant public interest
in this issue. They note that "..there were calls for the Governors to be more representative of licence
fee payers - going further, one recurrent suggestion was the election of one
or more governors by licence fee payers, an idea supported by many public respondents.."
(DCMS, 2004, pg 44.) 10.5. Seen in a wider context, we can note that other key national
bodies (such as the National Trust) have grappled with reform of these domains,
including the elective aspects, and have emerged with renewed legitimacy and
purpose from their changes. 10.6. With that proviso, we can draw out certain distinct matters
of possible reform, and aspects of this topic which are -at least prima facie
- in current debate. These would include: Question: Are there areas of information and procedure
where recruitment and selection of BBC Governors could be made more transparent
and open, even if the underlying process
remained wholly or broadly unchanged ? If so, how would such improvements in
transparency be best carried through? Question: If reforms were to be extended to measures
designed to alter the character and mix of BBC Governors, how might this be done? Question: In particular, if there was support for the
calls to embrace an elective element in the recruitment of Governors, how far
should this extend, and what procedural methods could be used? 11. How Governors Relate
to Senior Management 11.1. The current indications
are that at least some of the proposed reforms designed to clarify and re-work
the Governor - senior management axis are now under way, as outlined in the
BBC's Charter response (see Wells, 2004). 11.2. In practice, moves to augment the standing and profile
of the BBC Governors have been in process since at least the Summer of 2003,
when new posts for 'performance and accountability' and 'communications' were
created, and the current proposals from the BBC give these more weight and momentum,
due -no doubt- to the upheavals of the last year. 11.3. How these new arrangements 'in the making' will work
in practice, and whether they will be sufficient to assuage the more sceptical
elements in Government and elsewhere remains to be seen. Prima facie, the new outline Governors 'ecology'
represents a significant step change beyond the parameters of the inherited
model. 11.4. That said, the bulk of the reforms outlined have yet
to be worked through, and many questions about the details and performance in
practice remain inevitably unanswered. If the ambition is not just to augment
Governor capacity, but to do so in very visible and demonstrative ways, then
current developments at the BBC raise as many questions as they provide answers. Question: Do the
proposals for additional expertise, more considered reporting on activities,
greater transparency, etc offer enough 'leverage' to dispel the doubts of those
who have been most critical of the capacity of the Governors to exercise adequate
oversight? Question: By what means will the details and substance
of these changes be made known and visible to the wider public? Question: Will the proposed shifts in operation meet
the disparate oversight concerns of the various BBC 'stakeholders'? 12. The BBC and Ofcom 12.1. As recent developments
indicate, the BBC is moving to re-cast and reform the role of the BBC Governors
in a manner which is clearly designed to render the case for additional external
regulation - by Ofcom or another PSB agency - effectively redundant. 12.2. The new remit
and game plan for the BBC Governors are sketched out in 'Building Public Value'
along lines which paint them as a necessarily unique combination of regulatory
flair and managerial gusto: able to warn and advise, but also to demand and
deploy. Whether this pre-emptive defence
will be sufficient to forestall the imposition of additional external oversight
from Ofcom or others remains an open question. 12.3. Clearly, the new governance regime the BBC has in hand
will be more explicit, a little more resource rich, more elaborate in character
than its predecessors. Nonetheless, there are a range of questions that it poses: Question: Will it
be able to balance the adversarial elements of regulation with the more collaborative
dynamics of resource allocation? Question: Will the BBC's proposals be sufficient to ward
off the arguments in favour of an additional PSB agency? Question: To the extent that the new regulator-Governor
model works to assuage external critics, will that come at the price of counter-productive
antagonism between Governors, senior managers and staff? 13. BBC Governors -
How They Relate to the Public 13.1. The indications
from the DCMS consultation process that the public are seeking a more extensive
and considered relationship with the BBC are not unexpected, and are consonant
with the more demanding, more 'post deferential' temper of the times. 13.2. Equally -in what
is one of the more striking findings from the DCMS consultation - this coexists
with a decided lack of enthusiasm by the public for any measures which might
subject the BBC to more stringent oversight via the traditional political avenues
of Parliament and the Executive. 13.3. The roots of this antipathy to 'the usual channels' are
likely be found in two factors. The first is a protracted decline in the standing
and legitimacy of both the formal political system and the place of Parliament
within it. (Marquand 2004, Martin,2001; Shrimsley, 2001). Secondly, this trend
has evidently been exacerbated in recent months by the events surrounding the
Hutton Inquiry and the public reaction to the interplay between the Government
and the BBC. 13.4. As a result,
this more assertive climate is not likely to be deflected or satisfied by conventional
measures of indirection, but is clearly seeking a more unambiguous and emphatic
shift in the degree of public involvement by the public in the governance of
the BBC. As Gove notes, the public has taken very warmly to this more 'populist'
inflection at the level of specific programmes, and there is evidently an appetite
for similar shifts at the broader corporate level. 13.5. How the public will respond to the changes outlined by
the BBC to date remains to be seen. Questions
that might be asked include: Question: Will the
package of changes proposed by the BBC prove to be more than cosmetic in their
long-term effects? Question: Are there
aspects of the BBC's online presence that might be used more decisively to enhance
relations with the public? Question: How far
will the Governors go in practice to make themselves more available to direct
interaction with licence-fee payers? Question: Are their
disadvantages to the new current of 'populism', and what might they be? Appendix : List of
Selected Publications Anon. (2003) 'BBC Governors sharpen up PR act', Broadcast, June 20. Barendt, E. (1993) 'Constitutional Aspects of BBC Charter Renewal'
in C. Shaw, [ed] Rethinking Governance
and Accountability, BFI Publishing. BBC (2004) Building Public
Value - Renewing the BBC for a digital world, BBC. BBC (2004a) Review of
the BBC's Royal Charter - The BBC's Response to the DCMS consultation, BBC. BBC (2004b) Press Release
- The Graf Report on the BBC's Online Service - statement by the BBC Board of
Governors, July 5. BECTU (2004) BBC Charter
Review - DCMS Consultation, BECTU. Broadcasting Policy Group [BPG] (2004) Beyond the Charter - The BBC After 2006, Broadcasting Policy Group. Channel 4 [C4] (2004) BBC
Charter Review, Channel 4. Cox, B. (2004) Free for All ? Public Service Television in
the digital age, Demos. Cox, B. (2004a) 'The
BBC Is Not The NHS', Prospect, August. Campaign for Press and Broadcasting Freedom [CPBF] (2004) Submission to the DCMS on the Review of the
BBC's Royal Charter, Campaign for Press and Broadcasting Freedom. Creators' Rights Alliance [CRA] (2004) Submission to DCMS Review of the BBC's Royal Charter, Creators' Rights
Alliance. Curran, J. (1998) ‘Crisis of public communication: A reappraisal’
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Sylvia Harvey
Professor of Broadcasting Policy
Principal Associate Director
AHRB Centre for British Film and Television Studies
Faculty of Media and Humanities
University of Lincoln
Brayford Pool
Lincoln LN6 7TS
Tel: 01522 886431
Email: sharvey@lincoln.ac.uk