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GARY LINEKER; TWITTER; BBC IMPARTIALITY

14 MARCH 2023

Gary Lineker is a former England football star turned frontline BBC sports presenter. He is also - in terms of social media - a constant thorn in the side of the corporation.


In this BALANCER, we're not questioning the content of his latest attention-grabbing tweet. Instead we examine whether it broke any rules, and look at the central issue of Lineker's employment status.

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INTRODUCTION

It's often said that sports and politics don't mix.  Well how about sports, politics, broadcasting, and impartiality?


Because that's what we have here - a British sports broadcaster tweeting his criticism of the UK government over its plans to stop migrants on small boats from crossing the English Channel; and the company he works for - the public-funded British Broadcasting Corporation - temporarily suspending him for doing so.


The BBC prides itself on its impartiality - which is ostensibly why Lineker's tweet created such an issue for the broadcaster -  but inevitably it's not as simple as someone simply posting something controversial and then being disciplined over it.

WHO IS GARY LINEKER AND WHAT IS 'MATCH OF THE DAY'?

In the UK, and in particular England, Gary Lineker and Match of the Day are sporting institutions.


The former played football for England 80 times over an eight year period, and scored 48 goals for his country; the latter is a TV programme of football highlights which has been running on the BBC since 1964 and which Lineker has hosted since 1999.


The BBC itself calls Match of the Day "the world's most famous football show".


Lineker and Match of the Day both have twitter followers in the millions, and while @BBCMOTD clearly identifies @GaryLineker as its host, Lineker makes no official mention of his affiliation with the programme or the BBC.

LINEKER IS NOT A BBC EMPLOYEE - TECHNICALLY

This is perhaps one of the most contentious issues when it comes to Gary Lineker and his role at the BBC.


Lineker considers himself a freelance presenter, operating under the company Gary Lineker Media.  


He does not have a permanent staff contract at the BBC, and in his time as host of Match of the Day on the BBC has also worked for the likes of Al Jazeera Sports (now beIN Sports), NBC Sports Network in the United States, and BT Sport (a pay-TV network in the UK.)


He is solely a sports coverage presenter (as opposed to sports news) and does not have any involvement with BBC news or political coverage. 

DOES THAT ALLOW HIM TO IGNORE BBC IMPARTIALITY GUIDELINES?

As a sports presenter, there is more leeway given to the likes of Lineker in terms of impartiality, particularly on social media.  The exact term is that there is "less risk" for someone outside the News department.


But as someone who has presented Match of the Day on the BBC for 24 years, Lineker is also a 'BBC face' who is closely associated with the broadcaster and its values.


He signed a new five-year deal with the BBC in September 2020 - at the time, Director-General Tim Davie said Lineker "knows he has a responsibility to the BBC in terms of social media".


Lineker has been criticised publicly on Twitter - from within the BBC - for his outspoken social media posts:

Gary. You are the face of BBC Sport. Please observe BBC editorial guidelines and keep your political views, whatever they are and whatever the subject, to yourself. I'd be sacked if I followed your example. Thanks.


Jonathan Agnew (@Aggerscricket), 13 December 2018

Do you have the freedom to tweet about this sort of thing because you have a different contract to mine. Does not our duty of impartiality apply across the BBC? The BBC lives or dies by its impartiality. If you can’t abide it, get off it.


Neil Henderson (@hendopolis), 31 August 2022

THE UK TAX AUTHORITY ARGUES LINEKER IS A 'DISGUISED EMPLOYEE'

Gary Lineker Media is currently in dispute with HM Revenue & Customs (HMRC) over Lineker's work with both the BBC and BT Sport.


The UK tax authority believes that by billing the broadcaster for his work through the company which he established with his ex-wife Danielle Bux, Lineker has been avoiding paying tax (at a higher rate) as an individual.  


HMRC argues Lineker is an employee in all but name, and is chasing  £4.9m in income tax and national insurance contributions from between 2013 and 2018.


Read more here, and below are the tax tribunal documents relating to the case.



UPDATE: 28 March 2023

A judge has ruled that Linekar IS a freelancer and had contracts with both broadcasters.

Gary Lineker wins appeal over £4.9m tax bill


GARY LINEKER MEDIA vs HER MAJESTYS REVENUE & CUSTOMS

DOWNLOAD PDF

THIS IS WHAT LINEKER TWEETED...

... AND THIS IS WHAT THE BBC EDITORIAL GUIDELINES SAY ABOUT SOCIAL MEDIA AND IMPARTIALITY

Guidance: Individual Use of Social Media

Guidance: Individual Use of Social Media

Guidance: Social media

“It is a question of whether he is employed by the BBC or not. Most people, once they understand employment law, would say of course he isn’t. He works for many other people.”


JON HOLMES, Gary Lineker's agent

THE GREY AREA

So can Gary Lineker the Individual be separated from Gary Lineker the BBC Presenter?


He would argue yes, and indeed has so in the past.


The BBC however in its editorial guidelines refers to presenters primarily associated with the BBC - and there is an argument that for 24 years, Lineker has been just that.


It means there are actually two grey areas - one concerning employment status for someone who appears on multiple platforms (which requires a legal decision) and another over how that status affects what can and can't be said on social media.


The latter is for the BBC to decide, and already  the BBC Director-General has conceded:


"The potential confusion caused by the grey areas of the BBC’s social media guidance that was introduced in 2020 is recognised. I want to get matters resolved and our sport content back on air.”

ALWAYS IMPARTIAL?

"... the smallest nation to have hosted football's greatest competition has faced some big questions.


Stick to football, say FIFA... well we will... for a couple of minutes at least."

This is how the BBC opened its coverage of the FIFA World Cup in Qatar in November 2022.


It opted not to broadcast the opening ceremony on live television (though it did do so on its digital services) and gave Lineker time to broadcast a monologue on the controversies associated with Qatar's hosting of the World Cup - including corruption, migrant workers, and homosexuality.


There was mixed opinion over the monologue and subsequent discussion from Lineker's co-hosts, but crucially no rebuke or comment from the BBC - pointing to the likelihood that it was deemed acceptable and within the bounds of impartiality by the Corporation.

THE WASHUP

  • Lineker was removed from presenting Match of the Day on Saturday 11 March.  His co-hosts opted out in solidarity as did a number of potential replacement hosts.  As a result, Match of the Day was broadcast under the name Premier League Highlights and featured no studio presentation or commentary.


  • The controversy actually boosted ratings for the show.  Match of the Day typically attracts an average of 2,000,000 viewers but the March 11 edition averaged 2,580,000 according to overnight viewing figures.


  • Lineker was reinstated following the presenter-less weekend, and BBC director-general Tim Davie announced an independent review into "its existing social media guidance, with a particular focus on how it applies to freelancers outside news and current affairs. The BBC and myself are aware that Gary is in favour of such a review.” 

Gary is a valued part of the BBC and I know how much the BBC means to Gary, and I look forward to him presenting our coverage this coming weekend.


TIM DAVIE, BBC Director-General, 13 March 2023


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