Section 4: Conflicts of Interest

4.1 Introduction

Audiences must be able to trust the BBC and those working for it, and be confident that editorial decisions are not unduly affected by outside influences such as commercial or political activities or personal views or experiences. This section explains how an individual's activities might affect the public's perception of the BBC and their role at the BBC.

Conflicts of interest can arise for anyone who works for the BBC in any capacity, however they are engaged. This is particularly important for those involved in producing, overseeing or appearing in BBC content. It also applies to independent producers making content for the BBC and BBC Commercial Services making content for any party.

A potential conflict of interest arises when an individual's behaviour and choices outside the BBC risks affecting – or may be reasonably perceived as affecting – their own and the BBC's impartiality, independence and integrity. A potential conflict of interest also risks damaging the BBC's brand and reputation.

It is a requirement that all BBC staff must formally declare any personal interest which may affect their work with the BBC. Managers in each division are responsible for deciding what action if any is necessary to manage or mitigate potential conflicts of interest. They must consider the wider implications for the BBC as a whole. In some circumstances, it may also be appropriate to consider whether the position of families and close personal contacts may present a potential conflict of interest.

Individuals are responsible for completing a Declaration of Personal Interests form and this requirement extends to freelance presenters, reporters, producers and researchers and other workers. The onus to declare personal interests rests with the individual. There may be particular sensitivities around on-air talent.

There may be times when individual freedoms may need to be constrained or when managers decide that individuals may have to be restricted in the areas in which they can work, the times they can work or in certain aspects of their roles. These decisions will depend on the kind of output they are involved in, their role, how senior they are and on the nature of their personal interests and external activities.

Conflicts of interest are not regulated by Ofcom, except where they may lead to a failure of due impartiality.^[1] The BBC's policy on personal interests forms part of the contract of employment that applies to its employees. All contracts (whether staff or freelance) should include a requirement to comply with the Editorial Guidelines including the guidance notes on Conflicts of Interest and, where applicable, Personal Use of Social Media. Failure to comply with these Guidelines or to follow the related guidance may result in action being taken. For individuals who are otherwise engaged by the BBC – including reporters, producers, researchers, on-air presenters and other people working in an on-air role such as judges, hosts, team captains etc – the consequences of failure to comply with these Guidelines and related guidance should also be reflected in their contracts as well as being subject to the usual complaints process.

The principles on conflicts of interest apply to everyone, but the application of the principles varies according to an individual's role and their level of involvement with BBC content. This reflects audience expectations of the impartiality and integrity of BBC output, in particular the expectation that its news and current affairs and factual journalism will meet the highest levels of accuracy and impartiality. Factual journalism output refers to content that is produced outside news and current affairs which is journalistic in nature.

There are additional legal and regulatory constraints on those involved in financial journalism or those who are involved in output offering financial or consumer advice.

These Guidelines are not intended to prevent the BBC from using staff, freelances and presenters with expertise or specialisms in particular areas. Nor is anything in these Guidelines intended to prevent elected officials of the BBC's recognised trade unions carrying out legitimate activities on behalf of their union.

This section of the Editorial Guidelines must also be read in conjunction with the section on Impartiality and the detailed guidance on Conflicts of Interest and Personal Use of Social Media.

(See Section 2 Impartiality)

(See guidance: Conflicts of Interest and Personal Use of Social Media)

4.2 Principles

4.2.1 An individual's political, commercial, financial or other external interests must not influence, or be reasonably perceived as having influenced, BBC editorial judgements.

4.2.2 Those involved in any role in the creation of BBC content, must have no material connection with products, businesses or other organisations featured or reflected in that content, nor with their competitors or in some cases with the relevant business sector. If such a connection exists, prior referral must be made to Editorial Policy.

4.2.3 Where on-air presenters or others used in an on-air role such as team captains, hosts, judges, or their agents, own or have senior management positions in independent production companies making output for the BBC, the BBC must maintain overall editorial control of all aspects of the content, including marketing and promotion.

4.3 Mandatory Referrals

Referrals to Director Editorial Policy and Standards

4.3.1 News and current affairs presenters should not front campaigns for charities or campaigning bodies as this could compromise the BBC's reputation for impartiality. Any proposal that would not comply with this must be referred to Director Editorial Policy and Standards.

(See 4.4.26)

4.3.2 Individuals involved in the production or presentation of BBC news and current affairs and factual journalism output – including freelances known primarily for their BBC role – should not normally undertake external media training work, including for commercial companies, charities and campaign groups. Any proposal to carry out such work must be referred to their line manager in advance and referred to Director Editorial Policy and Standards.

(See 4.4.33)

4.3.3 There may be circumstances where it is not possible to produce content about a specific personality, or area where the personality has unique access or expertise, unless it is produced by an independent production company owned by, or as a co-production with, that talent or an associated agency. Any such proposal will require strong editorial justification and must be referred to the relevant divisional director and Editorial Policy. Director Editorial Policy and Standards must also be consulted.

(See 4.4.46)

Other Referrals

4.3.4 Any individual in a role requiring impartiality who is intending to express opinions publicly on matters of current public policy, politics or any controversial issue, or taking part in political activity, must inform their line manager in advance, who should consult Chief Adviser Politics if there is a risk to impartiality, or the perception of impartiality.

(See Section 2 Impartiality: 2.4.14)

4.3.5 Where an individual considers a potential conflict has arisen that they have not already declared, they must inform their line manager promptly. Editorial Policy may also be consulted.

(See 4.4.4)

4.3.6 Where people who work for the BBC develop portfolio careers involving external roles, early referral to a senior editorial figure is required. Editorial Policy may be consulted.

(See 4.4.5)

4.3.7 Where there is a material connection between anyone who has a role in the creation of BBC content with products, businesses or other organisations featured or reflected in that content Editorial Policy must be consulted in advance.

(See 4.4.1)

4.3.8 In some areas – such as specialist music, arts, sport, science or lifestyle programming – on-air presenters and talent, commissioning and production staff, and other teams who support them, may have commercial, professional and external personal interests in their area of expertise. In such cases, the relevant division should ensure that appropriate editorial procedures are in place so that there is no conflict of interest with their BBC role. Editorial Policy must be consulted.

(See 4.4.9)

4.3.9 Chief Adviser Politics must be consulted at the outset if there is any possibility of political activity being perceived as a risk to BBC impartiality. Judgements about what is acceptable will reflect individual circumstances, including the type of activity and the nature of the individual's BBC role.

(See 4.4.21-4.4.23)

4.3.10 Any individual who intends to seek nomination as a party candidate for election at national or local level, or intends declaring publicly their independent candidacy, must notify their line manager in advance, who should then consult the Chief Adviser Politics before the intention is made public.

(See 4.4.22)

4.3.11 Any proposal by individuals, including presenters of flagship programmes, to work for, or be publicly associated with, charities, campaigning or lobbying groups must be referred to the head of department, who must consult Editorial Policy.

(See 4.4.25)

4.3.12 Individuals involved in the production or presentation of news and current affairs output and factual journalism output, including freelances primarily known as BBC news presenters or reporters, and individuals involved in the production of factual journalism, must refer proposals to write columns or blog posts for external publications to a senior editorial figure in the relevant division.

(See 4.4.28)

4.3.13 Any individual commenting publicly, including on social media, on BBC matters or stories, or issues concerning other broadcasters or broadcasting policy, must consult their line manager in advance, unless it comes within their professional remit.

(See Section 2 Impartiality: 2.4.15)

4.3.14 Individuals involved in the production or presentation of editorial content for the BBC must obtain permission from their line manager before agreeing to provide media training. Freelance presenters must disclose their training work where it may be a conflict of interest with their work for the BBC.

(See 4.4.32)

4.3.15 Individuals must not accept personal benefits, or benefits for their family or close personal relations, from organisations or people with whom they might have dealings on the BBC's behalf. Unacceptable personal benefits include goods, discounts, services, cash, loans, gratuities or entertainment, including tickets, outside the normal scope of business hospitality.

Any exception to this, where it could affect production of content for the BBC, must be referred to the relevant head of department, who should normally consult Editorial Policy, to establish whether accepting the offer constitutes a conflict of interest.

(See 4.4.34)

4.3.16 On-air presenters and others used in an on-air role such as judges, hosts, team captains etc must not promote tobacco products or adult services. However, any proposal for them to promote other products or services that may risk damaging the BBC's reputation, such as gambling, alcohol and vaping products must be referred to a senior editorial figure.

(See 4.4.35)

4.3.17 Where an individual used in front of the camera/microphone is engaged on a limited or occasional basis in factual output, any proposal to undertake promotional work must be referred in advance to the head of department who should consult Editorial Policy.

(See 4.4.38-4.4.39)

4.3.18 In some factual programmes, on-air presenters and others with expertise in their field may have associated commercial relationships. Where there is any proposal for those individuals to undertake external promotional activity, the relevant division should ensure that appropriate editorial procedures are in place so that there is no conflict of interest with their BBC role. Editorial Policy must be consulted.

(See 4.4.40)

4.3.19 Presenters of factual output may be asked to recreate their roles in fictional output. This may risk confusing audiences and compromise the credibility of their own output. Any such proposal must be referred to their head of department.

(See 4.4.45)

4.3.20 Current presenters of BBC news output should not appear as news presenters in a fictional bulletin if there is a reasonable possibility that this could confuse or mislead audiences. Any proposal to do so, for example in a dramatic, comic, unrealistic or fantasy situation, must be referred to their head of department.

(See 4.4.45)

• [1] The Ofcom Broadcasting Code, Rule 5.8: Any personal interest of a reporter or presenter, which would call into question the due impartiality of the programme, must be made clear to the audience. ↩