BBC’s Controversial Clause in Gaza Documentary Contract

The BBC’s recent attempt to impose a controversial clause in the contract for the documentary Gaza: Doctors Under Attack has sparked significant debate about media ethics and censorship.
BBC’s Controversial Clause in Gaza Documentary Contract
EXCLUSIVE: The BBC attempted to include a clause in the Gaza: Doctors Under Attack contract that would prevent the producer and others from making any “disparaging” remarks about the corporation or suggesting that the final version aired on Channel 4 was “authorized or approved by the BBC.”
Producer Rejects ‘Double Gagging Clause’
Deadline has obtained a copy of the amended clause, which producer Ben de Pear discussed on LinkedIn, stating he refused to sign it, labeling it a “double gagging clause.” Although the documentary was commissioned by the BBC, it ultimately aired on Channel 4 after the BBC expressed concerns that broadcasting the material could create a perception of bias.
Restrictions on Statements and Marketing
The amendment required Basement Films, led by de Pear, to “ensure any statements issued or authorized by third party licensees of any version of the Programme are not disparaging of the BBC.” Additionally, it prohibited any statements implying that the Programme was authorized or approved by the BBC.
Limitations on Public Statements
The clause, an amendment to the BBC’s standard commissioning agreement, would have restricted the producer from issuing or authorizing any press releases or public statements regarding the programme without prior written consent from the BBC.
BBC’s Justification for the Clause
The BBC initially claimed this was a standard clause for third-party statements and marketing. However, it later acknowledged that the phrasing was more tailored than usual.
De Pear’s Strong Response
De Pear’s comments on LinkedIn followed his rejection of the clause, emphasizing that they could have faced legal action for stating that the BBC refused to air the film, a fact he described as “palpably and provably true.” He expressed relief for not signing the clause and encouraged others at the BBC to consider doing the same.
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BBC’s Denial of Gagging
A BBC source denied that de Pear had been silenced or prevented from discussing the film’s journey, clarifying that the amendment pertained to marketing and publicity materials.
Criticism of BBC’s Editorial Decisions
De Pear’s remarks also referenced his recent appearance at the Sheffield Doc Fest, where he criticized BBC Director General Tim Davie for interfering in editorial decisions. He asserted that the BBC is failing to report on the Gaza crisis adequately.
Public Reaction and Viewership
The documentary aired on Channel 4, receiving strong reviews and attracting over 300,000 viewers. The BBC had previously stated that airing the material could create a perception of partiality.
Ongoing Investigations
Simultaneously, the BBC is investigating another Gaza documentary, How to Survive a Warzone, which reportedly featured the son of a Hamas minister. A report on this documentary is expected soon.
De Pear’s Views on BBC Politics
On LinkedIn, de Pear criticized the BBC for allowing politics to influence its programming decisions, contrasting it with Channel 4’s commitment to balance and accuracy.
Conclusion
The BBC has declined to comment on the contract negotiations.