1. Summary Britain’s public service broadcaster the BBC regards itself as obliged to give Hamas a ‘Right of Reply’ under the BBC’s editorial guidelines. The BBC has stated publicly that if it alleges “wrongdoing, iniquity or incompetence” by Hamas, or “lays out a strong and damaging critique”, it must under appropriate circumstances give Hamas a “fair opportunity” to respond to the allegations before transmission on the BBC. This position has been set out by the BBC Trust, the senior BBC body which safeguards BBC editorial standards and compliance with the BBC’s own policies. It was published on 19 October 2009 on the BBC Trust’s website as part of a BBC decision rejecting a complaint which had been submitted in March 2008 by London-based solicitor Andrew White, founder of the Beyond Images project, concerning a BBC News website article about Hamas and Gaza. In its decision, which comes at the end of an 18 months complaints process, the Trust’s Editorial Standards Committee states that the conflict in the Middle East is “controversial” and the BBC is required to cover it “with due accuracy and impartiality”. The Committee continues: “It is important that the BBC covers the activities of Hamas with fairness which would include a ‘Right of Reply’ where appropriate”. White had argued in written submissions to the Committee that the ‘Right of Reply’ was not an automatic right of an organisation which has been criticised, and it could be overriden by the BBC under the relevant guidelines. He maintained that Hamas should not enjoy a ‘Right of Reply’ and referred the Committee to the following:
However, the BBC Trust made no mention of any of these factors in its decision, but concluded instead that Hamas had not “placed itself beyond the scope of the Editorial Guidelines”. The only fact which the BBC did mention in reaching its decision was that Hamas “won a majority of votes” in elections to the Palestinian Assembly in January 2006. The rest of this Briefing contains details of the original website article, the complaint to the BBC, the Trust’s decision, and comments of Andrew White. On 20 August 2007 the BBC broadcast a Panorama documentary called ‘Return to Gaza’ presented by journalist Jane Corbin. It focused on what it called Israel’s ‘siege’ of Gaza, and the conflict between Hamas and Fatah in Gaza. At around the same time, the BBC News website (one of the most widely read websites in the world) published a summary or precis of the programme. The complaint to the BBC arose because, in Andrew White’s opinion, the website summary was a misleading and selective version of the Corbin programme. Her programme had been courageous, and exposed Hamas wrongdoing. However, rather than providing a fair summary of the programme, the website article completely misrepresented it and in his words “whitewashed” Hamas. Andrew White’s original complaint to the BBC comprised a 5000 word report, which was published on the Beyond Images website, on 30 March 2008, at the same time as it was submitted to the BBC. You can view the original complaint in full here: Beyond Images Briefing 213 For convenience, we published a summary of the complaint here: Briefing 218, dated 2 August 2008. 3. The specific changes between the BBC TV programme and the BBC website precis – see the Appendix During the complaints process, Andrew White listed and analysed thirteen examples in which the BBC website precis misrepresented the BBC TV programme. These are listed in the Appendix at the end of this Briefing. 4. Initial rejection of the complaint by the BBC, May 2008 5. Escalation to the BBC’s Editorial Complaints Unit Not satisfied with this response, on 13 August 2008 Andrew White escalated the complaint to the BBC’s Editorial Complaints Unit. He repeated his allegation that the website summary seriously misrepresented the programme it was seeking to summarise. The Editorial Complaints Unit requested that he reformulate his complaint by reference to specific BBC editorial guidelines. He did so, submitting the following additional statement to the BBC’s Editorial Complaints Unit on 3 September 2008:
6. Response of the BBC’s Editorial Complaints Unit, including the first mention of a ‘Right of Reply’ for Hamas Right of Reply, under BBC Guideline section 5 The Editorial Complaints Unit explained that “programme makers are obliged to take this principle into account” when making a programme such as the Corbin programme. The BBC official concerned explained that Jane Corbin’s TV programme had put criticisms of Hamas to them for a response, in an interview with its leader in Gaza Ismail Haniyeh. That interview was broadcast on TV. However, in the words of the Editorial Complaints Unit: “the web article did not offer the same opportunity to Hamas for a response, and therefore, to conform with the Guideline, the website article was obliged to take a different approach” [our emphasis]. This statement tacitly acknowledged the essence of Andrew White’s complaint, which is that the website summary had indeed taken a ‘softer line’ on Hamas than the TV programme which it was claiming to precis. The BBC had now explained why this was. 7. Escalation to the BBC Trust Andrew White decided to escalate this matter further, and submitted his complaint to the BBC Trust. In his letter to them dated 6 October 2008 he confirmed that he took issue with the responses he had previously received from the BBC. But he stated that he would appeal on one issue alone – the Right of Reply - and he did not intend to appeal against the other findings. The reason he gave was that the specific changes between the BBC programme and the website article were symptomatic of the BBC attitude which is that the website piece was “obliged” to be softer on Hamas because of its obligations to be “fair to Hamas” under the Right of Reply. The Right of Reply issue, therefore, was at the heart of the complaint. Accordingly, he challenged the BBC giving Hamas a Right of Reply. He argued that its track-record, its ideology and its current activities each deprive Hamas of such a right. He challenged the BBC claim that Hamas do have a Right of Reply under the section 5 (ie the Fairness Guideline). The website summary of the Corbin programme reflected a misconceived application of that guideline. Extracts from Andrew White’s letter to the BBC Trust dated 6 October 2008, outlining why Hamas should not enjoy a ‘Right of Reply’, is being published as Beyond Images Briefing 247. Following a period of nearly a year, the Editorial Standards Committee of the BBC Trust considered the matter on 1 September 2009, and reached a decision. Their statement was carefully formulated, and indeed it was even sent to Andrew White for his comments (on any factual inaccuracies only), before being published. The decision was released on the BBC Trust website on 19 October 2009. The full text is available at the following web address: http://www.bbc.co.uk/bbctrust/appeals/editorial_appeal_findings.html The Editorial Standards Committee of the BBC Trust, chaired by Richard Tait, rejected Andrew White’s complaint. The main features of the decision are as follows:- On the format and content of the website summary
The BBC Trust on the application of the Right of Reply
9. BBC reaction upon publication of news about their decision in a community newspaper On 5 November 2009, brief facts about the BBC Trust’s decision were published in the Jewish Chronicle, a leading UK-based newspaper for the Jewish community. The Jewish Chronicle sought comments from the BBC, and was told that the BBC’s decision to confer upon Hamas the ‘right of reply’ was a “one-off” limited to the facts and context of the particular story. 10. Comments by Andrew White of Beyond Images “I am disappointed that the BBC has rejected my complaint. Firstly, the BBC continues to argue that the website summary could never have been expected to be a complete summary of the TV programme. I never argued otherwise. My argument was always that the summary was a misleading precis, which seriously misrepresented the tenor and themes of that same TV programme. That was what made it unacceptable. Secondly, the Trust has stated again that Jane Corbin herself wrote the report on the website and that it was a “promotional” piece, and in the nature of a “personal report”. However, the BBC’s own Editorial Complaints Unit admitted to me in September 2008 that the BBC was “obliged” to take a “different approach” on the website from the TV programme, in order to comply with the Right of Reply. That must mean one of two things. Either someone in the BBC’s website editorial team guided Jane Corbin that the website summary she wrote would have to take a “different approach” from the programme she had herself made. Or, more likely, someone edited the words she wrote of her “personal account” to ensure that they complied with the Right of Reply. And that is the most serious issue here. To give Hamas a ‘Right of Reply’ is a disservice to broadcasting ethics, and a betrayal of the Palestinian people whose long-term wellbeing is being sabotaged by Hamas. The BBC Trust’s position disregards Hamas extremism, anti-semitism, oppression and incitement. By giving Hamas ‘fair treatment’ under their guidelines, the BBC are giving the organisation a privilege which Hamas ruthlessly deny to their Palestinian opponents in Gaza. The BBC has now claimed that their application of the ‘Right of Reply’ was a “one-off”. There is absolutely nothing in the Trust’s decision to suggest this. Their decision is presented as a matter of principle - that Hamas should have a Right of Reply where appropriate. Hamas are steadily building a respectable presence in mainstream British society. I’m afraid that this decision by the BBC Trust marks another stage in that process. Finally, there is another issue. The BBC’s coverage of extremism is very much in the public eye, and raises issues of public policy. I am a busy, full-time lawyer with very extensive professional commitments, and I never imagined that this process would continue as long as it has, or absorb so much attention. I hope that, as a matter of public interest, others will take the BBC to task for its editorial policy towards Hamas, as revealed in the course of this complaints process…..” Appendix: Thirteen changes between Jane Corbin’s TV programme and the website summary of the programme Below is a list of thirteen differences between Jane Corbin’s TV programme, and the website precis of the same programme. These changes were described in great detail in Andrew White’s original complaint, and expanded upon in his submission to the BBC Trust dated 6 October 2008. The BBC Editorial Complaints Unit put forward explanations for many of these changes regardless of the Right of Reply, and Andrew White stated that he took issue with these explanations. However, in any event the ‘Right of Reply’ issue took on overriding importance when he escalated the dispute to the BBC Trust.
Sequence 1 The Corbin TV programme states that “the Hamas charter calls explicitly for the destruction of Israel and the creation of an Islamic state….” The BBC website precis of Corbin includes the statement that “Hamas calls for the creation of an Islamic state”. But the earlier part of the statement, namely that the Hamas charter “calls explicitly for the destruction of Israel”, is omitted. Sequence 2 The Corbin TV programme says that Hamas suicide bombers have “killed hundreds of people”.
Sequence 3 – “infamous” to “better known” The BBC TV programme describes the armed wing of Hamas as being “infamous” for its suicide bombers. The BBC website precis changes the word “infamous” to “better known”. Sequence 4 – “smuggled” to “flowed” The BBC TV programme describes weapons being “smuggled” by Palestinian groups into Gaza. The BBC website precis changes the word “smuggled” to “flowed” instead.
Sequence 5 – kidnap rescue exercise The TV programme shows Hamas carrying out a training exercise in rescuing Western kidnap victims in Gaza. This sequence is benign towards Hamas. BBC website precis: this sequence is included in the website precis Sequence 6 – Hamas personnel retraining as police The TV programme shows Hamas personnel retraining as police, and carrying out traffic policing. This sequence is benign towards Hamas BBC website precis: this sequence is included in the website precis Sequence 7 – The Hamas ‘softly-softly’ approach The TV programme shows what Jane Corbin describes as a “softly-softly” approach of Hamas towards spreading Islamic influence in Gaza. This sequence is benign towards Hamas BBC website precis: this sequence is included in the website precis The TV programme shows vivid footage of Palestinian weapons smuggling through tunnels into Gaza. This sequence is critical towards Hamas BBC website: all reference to this sequence is omitted from the website precis Sequence 9 – the attack on a wedding party by the Hamas Executive Force The TV programme shows members of the Hamas Executive Force attacking a Palestinian wedding party in Gaza. This sequence is critical of Hamas BBC website: all reference to this sequence is omitted from the website precis Sequence 10 – torture allegations against Hamas The TV programme includes torture allegations against Hamas made by the Abu Dalfa family, a Gaza Palestinian family. This sequence is critical of Hamas BBC website: all reference to this sequence is omitted from the website precis Sequence 11 – the burnt out nightclub The TV programme shows a burnt out nightclub with a Palestinian gunman standing outside it blaring out “We want Islam exactly like Muhammed”. This sequence is implicitly critical of Hamas (though the gunman is not identified a Hamas member)
Sequence 12 – Corbin: “Hamas made a big mistake” The TV programme includes two conclusions by Jane Corbin. Her first is heavily critical of Hamas. She says that “Gaza is not viable, and Hamas cannot go it alone”. She accuses them of “posturing” and of making a “big mistake” in how they took over Gaza. BBC website: these concluding comments are omitted from the website precis Sequence 13 – Corbin: “the Palestinians are trapped…” TV programme: the second concluding remarks of Jane Corbin are heavily critical of Israel. She says that she is leaving behind “all those Palestinians who are feeling increasingly trapped and isolated…..”. She is referring to what she has previously described in the programme the Gaza ‘prison’ Israel has created. BBC website: these comments are included in the website precis |
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