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Trust decision on appeals on the Director-General's decision against broadcasting the DEC Gaza crisis appeal

Date: 19.02.2009     Last updated: 23.09.2014 at 09.50
Category: Impartiality
The ´óÏó´«Ã½ Trust has decided not to overrule on appeal the Director-General's decision against broadcasting the Disasters Emergency Committee (DEC) Gaza crisis appeal

The Trust has, however, asked the Director-General to explore with DEC and other broadcasters the wider lessons to be drawn from this episode, and to take a view on whether the ´óÏó´«Ã½ agreement with DEC, dating from 1971, and the associated criteria for considering appeals, are still appropriate for today's changed conditions.

The Chairman of the Trust, Sir Michael Lyons, said:

"We recognise that the Director-General's decision was a matter of great controversy for many members of the public. However, having carefully examined the Director-General's reasons, the Trust believes he acted correctly throughout, and we are satisfied that the decision the Director-General took was reasonable given the importance of preserving the reputation of the ´óÏó´«Ã½ for impartiality.

"Under the terms of the ´óÏó´«Ã½ Charter the Director-General is editor-in- chief of the ´óÏó´«Ã½. It is not in the Trust's remit to second-guess his editorial decisions, nor should it be. Our role is to ensure he reaches those decisions with care, and free from undue influence from any quarter. What we reviewed was whether the handling of the request for the DEC appeal complied with the relevant processes, policy and guidelines; and whether the decision reached by the Director-General was within the parameters of reasonable decisions open to him.

"On the handling point, we find that the Director-General acted correctly, sought the appropriate advice, and gave proper consideration to the views of the public and those of DEC.

"On the reasonableness point, the Director-General argued that the Israeli-Palestinian conflict is deeply divisive and that the suffering of civilians plays a central part in the political case each side makes in the ‘court of world opinion’; consequently it is impossible in this case to separate the political causes from their humanitarian consequences. In the Director-General's view, the appeal would, by its very nature, have shown only one aspect of the conflict and broadcasting it, he argued, would have implied a significant level of endorsement by the ´óÏó´«Ã½ of the appeal itself – thereby putting ´óÏó´«Ã½ impartiality at risk. We find this to be a reasonable argument, and that the decision the Director-General took on its basis was within the parameters of reasonable decisions open to him.

"We will not reopen the question of this particular DEC appeal. However, we are mindful of the degree of public concern it aroused. We have therefore asked the Director-General to explore any wider lessons that may be drawn from this episode through discussions with DEC and with other broadcasters. In particular we have asked him to take a view on whether the ´óÏó´«Ã½ agreement with DEC, which dates from 1971, and the associated criteria for considering appeals, are still appropriate for today's changed conditions."

Sir Michael also said:

"In order that the public can better understand the thinking behind our decisions, we are today publishing on the Trust website the key evidence we considered in coming to our conclusions."

Notes to editors

An ad hoc committee of three Trustees met on 11 February 2009 and made recommendations which were considered and ratified at the monthly meeting of the full Trust on 18-19 February 2009. Details of the process, and the terms of reference for the ad hoc committee are available on the Trust website. The ad-hoc committee considered a detailed complaint submitted by the solicitors Hickman and Rose, and also took account of a summary, prepared by the Trust Unit, of issues raised by other appellants.

Published today on the Trust website are further documents considered during the appeals process – some names have been held back to protect the identities of particular individuals

DEC Gaza crisis appeal