Mandatory Referrals are part of the BBC’s editorial management system. They are an essential part of the process to ensure compliance and must be observed.
Referrals to Director Editorial Policy and Standards
8.2.1 Material likely to encourage or incite the commission of crime, or lead to disorder, must not be included in our services. Any proposal to broadcast content which risks inciting crime or disorder must be referred to Director Editorial Policy and Standards.
(See 8.3.1)
8.2.2 When investigating criminal activity we may want to record a specific crime or the planning of a specific crime. Where that might raise questions about our relationship with the criminal or involves witnessing serious criminal activity, it must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor, and to both Director Editorial Policy and Standards and Programme Legal Advice.
(See 8.3.4)
8.2.3 Any proposal to interview a criminal active in, or wanted in, the UK must be referred to Director Editorial Policy and Standards.
(See 8.3.14)
8.2.4 Any proposal to contact or interview escaped prisoners or others wanted by the police must be referred to Director Editorial Policy and Standards and must be referred to Programme Legal Advice.
(See 8.3.17)
8.2.5 Any proposal to pay a fee or to make a payment in kind to criminals, former criminals, their families or their associates (directly or indirectly) for interviews or other contributions relating to their crimes, must be referred to Director Editorial Policy and Standards.
(See 8.3.19)
8.2.6 Any proposal to make payments to anyone who may not have committed a crime but whose behaviour is clearly anti-social, for interviews or other contributions about their behaviour, including payments in kind, must be referred to Director Editorial Policy and Standards.
(See 8.3.20)
8.2.7 Any proposal to enter a UK prison without permission to conduct an interview with a prisoner must be referred to Director Editorial Policy and Standards.
(See 8.3.21)
8.2.8 Any proposal to put the name of a convicted paedophile or other sex offender into the public domain, when their name has not been made publicly available by the police, or to broadcast pictures of them, must be referred to Director Editorial Policy and Standards.
(See 8.3.26)
8.2.9 Any proposal to grant anonymity to someone seeking to evade UK law, where there is an ongoing investigation, must be referred to Director Editorial Policy and Standards.
(See 8.3.30)
8.2.10 Any proposal to pay a witness or potential witness in a trial must be referred to Director Editorial Policy and Standards and Programme Legal Advice.
(See 8.3.36)
8.2.11 Director Editorial Policy and Standards must approve any proposal to employ someone known to have a criminal record or background of illegal activity to work on a BBC investigation.
(See 8.3.42)
8.2.12 Any intention to supply material of any sort from a discontinued investigation to the police or any other third party must be referred to Director Editorial Policy and Standards and to Programme Legal Advice.
(See 8.3.47)
Other Referrals
8.2.13 Any proposal, in the public interest, to record the illegal harming of animals by third parties, for the purpose of gathering evidence or to illustrate malpractice or cruel, anti-social or controversial behaviour, must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor.
(See 8.3.6)
8.2.14 When considering whether to identify a child or young person with a Criminal Behaviour Order or involved in court proceedings, Programme Legal Advice must be consulted.
8.2.15 Any proposal to interview an active criminal or person wanted anywhere outside the UK must be referred to Editorial Policy.
(See 8.3.18)
8.2.16 Any proposal to enter an overseas prison without permission to conduct an interview with a prisoner must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards. If approved, the relevant international bureau should normally be informed and Programme Legal Advice consulted.
(See 8.3.22)
8.2.17 Any proposal to invite a prisoner to initiate a call for broadcast purposes from a public or mobile telephone in prison or to broadcast an unsolicited, pre-recorded call from a prisoner which was not referred before it was recorded, must be referred to a senior editorial figure, or for independent production companies to the commissioning editor, who may consult Director Editorial Policy and Standards.
(See 8.3.23)
8.2.18 Any proposal to interview a witness about their evidence once court proceedings are under way, must be referred to Programme Legal Advice and Editorial Policy.
(See 8.3.33)
8.2.19 Any proposal to undertake an investigation into crime or serious anti-social behaviour must be referred to a senior editorial figure or, for independent production companies, to the commissioning editor. Editorial Policy and Programme Legal Advice should normally be consulted.
(See 8.3.39)
8.2.20 Any proposal to send someone to work as an undercover operative on an investigation into crime or serious anti-social behaviour must be referred to Editorial Policy.
(See 8.3.40)
8.2.21 Editorial Policy must be consulted about job applications by undercover operatives working on BBC investigations.
(See 8.3.43)
8.2.22 Before commencing investigations into serious criminality involving covert surveillance or recording of, and/or contacting people suspected of, acts of terror, serious criminal or extremist acts or violent groups, BBC Safety’s High Risk Team must be consulted. Editorial Policy and Programme Legal Advice must also be consulted.
(See 8.3.44)