Today, I received Ofcom’s official response to my Freedom of Information Act request related to research Ofcom conducted for the European Commission with respect to the FA Premier League’s contracts for audiovisual carriage of its football matches. You know—football on television. For some good reason that eludes me, in Europe the airing of football matches is a regulatory / competition law issue.

Ofcom won’t release the information. They said:

“Ofcom understands that the European Commission will shortly be publishing the requested documentation. This publication will occur at the same time that the Commission sets out any analysis into the sale of FA Premier League media rights. Ofcom does not intend to release the requested documentation in advance of the Commission setting out such analysis. Ofcom therefore considers that the advanced release of the requested information would be against the public interest because it may prejudice the Commission’s consideration of the issues. The attached annex to this letter sets out the exemption in full, as well as the factors Ofcom considered when deciding where the public interest lay.

Ofcom therefore considers that the information requested falls under the exemption contained in section 22 of the FOI, namely that the information is intended for future publication and that it would be against the public interest to release the information at this time.”

Poor response. Ofcom does not describe–even tersely–how release of its research will prejudice the EC’s analysis. Ofcom is just using the word ‘prejudice’ like a magical incantation. If Ofcom’s research is purely factual and ultimately intended for publication anyway, then how does putting facts out in the public domain prejudice anything? Facts are facts, right?

Keep waiting, football fans!

Comments… (or copies of the Ofcom research) to: blog@ofcomwatch.co.uk