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Letter alleging ECU complaint avoidance and bias


28 December 2005

Dear Mr Steel

Thank you for your letter of 10 November, 2005.

There are a number of points in your letter that raise questions in my mind as the purpose of your department which is described on the BBC website as follows:

"If your complaint is about a specific programme, and you believe it breached the BBC's editorial standards, you can ask the independent Editorial Complaints Unit (ECU) to investigate. The unit examines such complaints independently".
I am not convinced your department met the above description in addressing my second and third complaints.

1) With reference to your response about political self-expression by the Dr Who office, you say that the ECU must refer to viewing figures. I find this rather odd. Either it is right for the programme to be used for self-expression or it is not. Does it follow that, had the programme's ratings been lower, my complaint would then become valid? I see no relevance of ratings to a complaint of this nature.

2) In a similar way, you say that the mail bag does not have other letters making the same complaint and that, "There is nothing in audience feedback to suggest viewers in large numbers would agree with you that the series was used as a political vehicle…" This seems to me to be an abdication of responsibility on the ECU's part, since it is not viewers' job to keep watch over BBC staff or programmes. You have received a complaint (mine) and you are obliged to investigate.

3) Although your letter provides quotes from the above [viewers] letters, you do not provide the context in which they were written or explain their relevance to my complaint. Reference to these letters appears to serve no purpose other than to create an impression that you have a mailbag's worth of people disagreeing with me, and that the programme was a success. My complaint does not concern whether Dr Who was a success.

4) With regards to the veracity of my complaint, your letter substitutes the term "political" for "contemporary". This term is inaccurate; an example of a contemporary reference is the London Eye. The Crystal Palace, by contrast, is historical. Referring to weapons of mass destruction goes beyond contemporary and is political. Your use of the word "contemporary" suggests a massaging of my complaint into something that can be more easily fielded.

5) I acknowledge your point about "creative freedom". However, you make no reference to the other side of the equation which is "abuse of power". The purpose of the litter/park analogy was to illustrate the distinction between distributing politics in one's personal and professional capacities. You have taken the analogy out of context and presented it as though I was saying that the show was "littered" i.e. that I was saying that there was a frequent practice of making political points. It is immaterial whether there is one political remark per scene, per episode or per season; it is the act of using the programme as a platform that is my complaint, as explained in the bullet points commencing on page 3 of my 18 October letter.

6) You refer to awards that have been given to the programme. This, together with your earlier reference to ratings, suggests that the ECU is concerned with matters such as which production office is the flavour of the month. This is not consistent with the description of the ECU given on the BBC website, since any Unit that is independent and investigative must act without bias. The Dr Who Production Office is funded by the licence fee to make Dr Who, not Dr Who with strings attached. That they produce a product is not justification for them using that product for personal ends. At no point should the matter of awards have entered your mind; that it has suggests that you have not acted impartially and that the Dr Who Office is above independent scrutiny.

I see similar problems with your response regarding my complaint about bad language.

7) Your first paragraph disregards the distinction between "speech patterns" (accent, pronunciation, delivery) and bad language (individual words that are coarse or unpleasant), thereby implying that bad language was a cause of the programme's success. You are therefore referring to something other than my complaint. You again refer to calls praising the series but do not indicate the relevance of such calls to my complaint. Unsubstantiated suggestions as to why the programme was successful have dogged this correspondence since the first letter that I received from the Information Unit in June 2005. Twice, the Information Unit sought to infer a link between bad language and ratings and twice, when challenged, admitted it had no evidence; in short, they were making it up. If the ECU has evidence that bad language was the cause of the programmes success (or, conversely, that the absence of these words would have caused the viewing figures to decline), please produce it. If the ECU has no such evidence, please say so.

8) You make specific reference to bad language in the second paragraph of this section and say that research shows that viewers tolerate it. Choosing "tolerance" as a benchmark means adopting a position that is further from my complaint than need be, since there is a difference between "tolerate" and "expect", and between "expect" and "want". Your choice [of benchmark] suggests a predisposition to the Dr Who Office.

9) If the BBC/ECU has conducted research on "tolerance", but not on whether people expected or wanted bad language in Dr Who, then your research is incomplete and impartiality compels you to acknowledge this. To present partial research as a complete or final picture is misleading.

10) Even if it is true that most viewers want to hear the words such as "bum" and "bollocks" (and the research you cite falls short of establishing this), it does not follow that viewers wish to hear them in every programme. I am interested in the question of 'thresholds'. Since there is no prospect of bad language receding on the BBC in the foreseeable future, I am obliged to make choices before viewing. If someone asked me a year ago which programme would be least likely to have bad language, I would have said Dr Who since there was no precedent for it; it was not part of the Dr Who "wordscape". It now seems to me that if bad language can be adopted in Dr Who, solely at the will of incoming producers and writers, then I do not see how any other evening or even early drama or comedy can be relied upon not to have bad language.

My complaint therefore arises (in part) because the treatment of Dr Who breaks an important threshold, in that a programme with no history of bad or unpleasant language is apparently considered due for it. You say, "Our viewing of the programmes found these elements used very sparingly". The actual quantity of bad language is not the basis of concern. It does not matter whether the offending word occurs once, twice or even half a dozen times; the point is that the language is there. It is present. It signifies that the standards are set by writers, rather than writers working within a set of standards. This is my point about "rotating" writers and producers spreading bad language across different types of programme. It is not a question of quantity. If the BBC is to persist in bad language and swearing, then I in return want consistency and thresholds. This seems to me to be a very pertinent point and the ECU has just blanked it.

11) I am less than impressed with the ECU's response to the complaint about the phrase "*ucking about". I would have thought the obvious way to investigate this is to contact the writer, actress and sound person and put the two following questions: what was actually said; and was the sound blunted deliberately? A mere replaying of the tape does not constitute an investigation in any meaningful sense. That the Doctor states the word "mucking" afterwards does not mean that the previous delivery was not muffled intentionally. This was a case of where the ECU needed to establish facts, yet did not.

A further problem is that there is ambiguity as to the precise grounds on which the complaints have been rejected. For instance:

12) With regards to the politicisation of Dr Who, you say that the programme was not used as a political vehicle; yet, elsewhere, you come close to accepting that it was and your defence switches to saying that there is nothing wrong with this.

13) Similarly, with regards to bad language, you imply that it contributed to the programme's success; yet you also say that these elements were used very sparingly. These are contradictory positions.

I am entitled to appeal the ECU's findings but I do not see why any such appeal should be distracted or diverted by what I regard as red herrings or ambiguity. Therefore, it seems appropriate that the ECU has the opportunity beforehand to address any suggestions of bias and complaint-avoidance:

i) Are there any aspects of the ECU's findings that you would like to clarify, add to, or revisit in the light of my above comments?

ii) I would also be grateful if the ECU could answer the questions raised in my points 7 and 9.
I look forward to hearing from you. My compliments of the season.

Yours sincerely


The ECU responded on 6 January 2006.



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