The following Complaint was sent to BBC by David Raynes of the NDPA – the response is shown underneath the Complaint summary herein.
David judges the BBC response to be “very defensive, but a partial win” for NDPA.
************
BBC Radio programme – ‘PM’, Radio 4, 27 October 2022
Complaint
This edition of PM included a sequence prompted by Germany’s plan to legalise
recreational cannabis. A listener complained about the absence of an alternative view and a
lack of impartiality on the part of the presenter . The ECU considered whether the
programme met BBC standards for due impartiality.
Outcome
The presenter, Evan Davis, explained that other countries (including Canada) had already
taken this step, as well as many states in the USA. He introduced a report from New York
by a correspondent describing “how life has changed there” and then interviewed Professor
Akwasi Owusu-Bempah of Toronto University, described as an expert in drugs policy. In his
final question Mr Davis asked him “in three words” whether other countries should follow
Canada’s example: “Are you basically thinking it’s worked?”. Professor Owusu-Bempah
replied “Do it now, those are my three words” prompting laughter from Mr Davis.
In the ECU’s view the decriminalisation and/or legalisation of cannabis possession is a
controversial subject in the UK, even if the controversy is not “active” in the sense of there
being legislation before Parliament or immediate prospect of it. However, the question of
the social effects of legislation is not, on its own terms, a matter of controversy, and is open
to empirical exploration. It was therefore legitimate for the programme to question an
expert on those aspects, and there was no need for an alternative viewpoint in that
connection.
Taken as a whole the sequence highlighted negative as well as positive social consequences
of changing the law. The presenter’s laughter should be seen in the context of the succinct
nature of the response rather than any expression of a personal view. But in posing his final
question, he invited an opinion on a matter of controversy. Professor Owusu-Bempah
having expressed unqualified support for immediate legalisation, in the ECU’s view there
was a need to remind listeners of the existence of opposing opinions
BBC conclusion:
Part Upheld
*******
British Broadcasting Corporation British Broadcasting Corporation BBC Wogan House, Level 1, 99 Great Portland
Street, London W1A 1AA
Telephone: 020 8743 8000 Email: ecu@bbc.co.uk
BBC
Executive Complaints Unit
David Raynes
pheon@cix.co.uk
Ref: CAS-7325932
2 March 2023
Dear Mr Raynes
PM, Radio 4, 27 October 2022
Thank you for your email to the Executive Complaints Unit about an item in this
edition of PM on a plan to legalise recreational cannabis use in Germany. The
presenter, Evan Davis, explained that other countries (including Canada) had already
taken this step, as well as many states in the USA. He introduced a report from New
York by a correspondent describing “how life has changed there”. She detailed the
proliferation of cannabis sellers in the city and the greater evidence of its use. He then
interviewed Professor Akwasi Owusu-Bempah of Toronto University, described as an
expert in drugs policy. He was asked how the law applied in Canada, the effect on
consumption, the relationship between the illegal trade and overall crime, and the
relation between the police and “certain groups” in the light of a “huge” drop in arrests
and convictions for the possession of cannabis. The professor observed that, in line
with the aims of the legislators, legal sales in cannabis had overtaken illegal sales. Mr
Davis then asked him “in three words” whether other countries should follow Canada’s
example: “Are you basically thinking it’s worked?”. Professor Owusu-Bempah replied
“Do it now, those are my three words”, prompting laughter from Mr Davis.
You complained about the absence of an alternative view in the item, drew attention
to reported ill effects on mental health from cannabis consumption and pointed to the
possible risks to younger listeners who might have heard the question of legalisation
discussed in these terms. You also objected to Mr Davis’ laughter.
The BBC’s Editorial Guidelines on impartiality say:
When dealing with ‘controversial subjects’, we must ensure a wide range of
significant views and perspectives are given due weight and prominence,
particularly when the controversy is active.
I would regard the decriminalisation and/or legalisation of cannabis possession as
being a controversial subject in this country, even if the controversy is not “active” in
the sense of there being legislation before Parliament or any immediate prospect of it.
However, the question of the social effects of legislation is not, on its own terms, a
matter of controversy, and is open to empirical exploration. I think it was therefore
legitimate for Mr Davis to question Professor Owusu-Bempah on those aspects, and
that there was no need for an alternative viewpoint in that connection. Taken as a
whole the piece highlighted negative as well as positive social consequences of
changing the law and seen through that prism was therefore more nuanced than you
suggest. But by posing his final question, as to whether other countries, including the
UK, should follow Canada’s example, Mr Davis invited an opinion on a matter of
controversy. Professor Owusu-Bempah having expressed unqualified support for
immediate legalisation, I think there was a need at least to remind listeners of the
existence of opposing opinions, preferably with some reference to the arguments here
in this country. In the absence of that or the inclusion of an alternative view elsewhere
in the item, I agree there was a breach of the BBC’s standards of impartiality and I am
upholding this element of your complaint.
On your point about the possible risk to children, the PM programme is aimed at an
adult audience – its average age is 60 – and accordingly I do not believe its output
should be judged on the basis of its potential effect on children. As for Mr Davis’
laughter at the end of the interview, I can see how it might have struck you as “humour
from a top and admired presenter about the concept of harmful cannabis legalisation in
the UK”. To my ear, though, it sounded like amused surprise at the fact that Professor
Owusu-Bempah, having been told “we’re entirely out of time”, had so precisely met his
request to state his opinion “in three words”. I am therefore not upholding these
aspects of your complaint.
Thank you for bringing this to the attention of the ECU. Please accept my apology for
this breach of standards. I attach a summary of the finding intended for publication on
the complaints pages of bbc.co.uk, at https://www.bbc.co.uk/contact/recent-ecu. It
will appear there later today. Meanwhile, as this letter represents the BBC’s final view
on your complaint, it is now open to you to take it to the broadcasting regulator,
Ofcom, if you are dissatisfied. You can find details of how to contact Ofcom and the
procedures it will apply at https://www.ofcom.org.uk/tv-radio-and-on-demand/howto-report-a-complaint. Alternatively, you can write to Ofcom, Riverside House, 2a
Southwark Bridge Road, London SE1 9HA, or telephone either 0300 123 3333 or 020
7981 3040. Ofcom acknowledges all complaints received.
Yours sincerely
Fraser Steel
Head of the Executive Complaints Unit
Source: David Raynes, NDPA.