GOVERNMENT REVIEWS BBC FAIR TRADING POLICIES

THE BBC will again be under scrutiny from an independent review on their commitment to fair trading following an announcement from Culture Secretary Chris Smith.
The Culture Secretary announced the terms of reference of the independent review on how the BBC ensures compliance with their commitment to fair trading.
The review follows the Government’s commitment to independent scrutiny of the adequacy of the BBC Commercial Policy Guidelines and Fair Trading Commitment and how it ensures compliance with their fair trading policy, as recommended by the Davies panel’s report on the future funding of the BBC.
Smith announced that Professor Richard Whish, Professor of Law at King’s College, London had been appointed to undertake the review.
In a Parliamentary answer Smith said: “In its response to the Davies panel’s report on the future funding of the BBC, the Government announced that it would, jointly with the BBC, invite an independent, eminent figure to examine the BBC documentation, Commercial Policy Guidelines and the Fair Trading Commitment. Richard Whish, Professor of Law at King’s College, London has today been appointed to carry out the review.”
Smith said that Whish would report to his department and the BBC Board of Governors after he had reviewed the adequacy of the BBC’s Fair Trading Commitment. He would also consider and comment on the adequacy of each of the specific requirements in the BBC’s Commercial Policy Guidelines and if any further requirements should be included and consider to what extent the BBC’s fait trading policies are consistent with upholding EU Competition law.
Whish will comment on how the BBC’s policies compare with those of any other relevant organisations and comment on the processes through which the BBC Board of Governors are made aware of fair trading issues.
Whish will also review existing correspondence from stakeholders to the BBC and DCMS about the adequacy of the BBC’s Fair Trading Commitment.
Whish is also required to make any general recommendations for improving the BBC’s commitment to Fair Trading.
The review will commence shortly and intends to be concluded during February. The BBC and the department will then publish Professor Whish’s findings. (CMcL)