British Broadcasting Corporation (BBC)

The complainant requested information from the BBC about episodes or series of the programme “Only Fools & Horses”. The BBC responded that the requested information was covered by the derogation and hence excluded from FOIA. The Commissioner’s decision is that this information, if held at all, is held by the BBC for the purposes of journalism, art or literature and so is not covered by FOIA. He therefore upholds the BBC’s position and requires no steps to be taken in this case.