BA complains to BBC about Panorama e-bike misrepresentation

The Bicycle Association submitted this formal complaint to the BBC - we have updated this article with the response, below:

Complaint: Panorama - E-bikes: the battle for our streets

Dear BBC,

I write for the Bicycle Association, the trade association for the UK cycle industry, representing ca 140 companies, including most of the reputable UK companies who supply safe, fully road-legal e-bikes. These companies include household names and well-known high-street retailers. You can view our full member list here.

We wish to register a formal complaint about the programme “Panorama - E-bikes: the battle for our streets” presented by Adrian Chiles, broadcast on BBC 1 on the 6th January 2025.

Our main concerns are:

• The programme repeatedly conflates the safety and social issues surrounding the use of illegal e-motorbikes with “e-bikes” and fails to make it clear that these issues are overwhelmingly not caused by (road legal) e-bikes. This is compounded by the juxtaposition (without distinction) of footage of both illegal e-motorbikes and road-legal e-bikes, implying that they are one and the same. This misrepresentation is against the public interest and not fair or accurate (hence in breach of BBC editorial guidelines)

• In the choice of “expert” – an enthusiast with a collection of illegal e-motorbikes, not road legal e-bikes  - the programme in effect promoted illegal e-motorbike use. No reputable road legal e-bike supplier or cycle industry representative was featured.  No fair balance or representation from the reputable e-bike sector was provided, also in breach of BBC editorial guidelines.

• It is stated that the laws and regulations around e-bikes are unclear or insufficient. This is factually incorrect – the law is completely clear about what is or is not a road legal e-bike (EAPC). We have an info sheet on this and the Government guidance is also perfectly clear. Any electrically powered two wheeler that is not a road legal e-bike (EAPC), or a properly type approved and registered e-moped/e-motorbike, is an illegal e-motorbike. There are legitimate questions about the extent of enforcement of these rules, but the rules themselves are completely clear.    

The reputable UK cycle and e-bike industry fully supports all and any measures to enforce the current very clear legislation and to remove illegal e-motorbikes from our streets. We also call for reforms of the food delivery sector to address use of illegal e-motorbikes by delivery riders.

However, these issues are entirely distinct from the road legal e-bike category, which offers many health and mobility benefits for the general public, including many disabled people.

We consider that this programme has, by confusing these issues, both failed to properly inform the public and also unjustifiably damaged the road legal e-bike sector through misrepresentation.

We urge the BBC to:

• Remove “E-bikes” from the programme title and instead reference “illegal e-motorbikes”.
• In future programming on this subject, make it fully clear and properly inform the public that e-bikes and illegal e-motorbikes are two entirely separate categories.
• Provide proper balance when addressing contentious transport issues, including featuring representation by responsible organisations in the sector.

Yours sincerely,

Peter Eland

Technical & Policy Director
Bicycle Association
www.bicycleassociation.org.uk

14th January: We have received the following reply from the BBC:

"Thank you for contacting the BBC about the recent edition of Panorama E Bikes: The Battle for our Streets. 

We are happy to address your concerns, though don’t agree with many of your comments. 

The film explored the growing use of e-bikes on Britain’s roads and whether the UK’s towns and cities have adapted sufficiently. Throughout the programme, contributors outlined both positive and negative aspects of e-bikes. Viewers will have heard that e-bikes (in their various forms) are beneficial for the environment, convenient for users and often fun to ride. 

We felt it was important to look at illegal e-bikes in the episode due to a growing concern from councils, police forces and citizens, not only EAPCs.

You say the programme conflates “the safety and social issues surrounding the use of illegal e-motorbikes with “e-bikes.”” We think the programme’s commentary made clear that there are various forms of e-bike that are available to buy across the UK – including with a tax break on the cycle-to-work scheme. 

To the public and to all intents and purposes, e-bikes and those bikes that do not conform to EAPC regulations are indistinguishable; two-wheeled vehicles with an electric battery-powered motor and having the same or similar physical appearance to bicycle. The former is governed by restrictions which we detail in the programme. This is how the average, reasonable viewer and person understands them. 

The term e-bike is used for a wide range of products, not all adhering to UK law. The government states: "There are many products known as ‘e-bikes’ or ‘e-cycles’ available on the market. However, not all of these are classified as EAPCs." Moreover, the police use the term "e-bike" to describe both legal e-bikes and illegal e-bikes. Forces across the UK rarely use the descriptor "e-moped" or "e-motorcycle" but instead prefer to use the term "illegal e-bike" when discussing non-EAPC regulation e-bikes. In order to accurately reflect the information given to us by these forces, we felt it was appropriate to take a similar approach. 

This is not misrepresentation or inaccuracy, and we therefore felt it was justified to use a range of footage of different e-bikes both road legal and illegal throughout the film. 

We are unaware of any clear evidence that road legal e-bikes are “overwhelmingly” not responsible for “safety and social issues,” as you say. The programme featured footage of an accident where a Lime bike rider knocked over a young child, for example. City of London Police’s dedicated e bike enforcement team also do not appear to make the distinction. We filmed officers pulling over a Lime bike rider who had just ignored a red traffic light in central London. 

Birmingham city council’s proposed ban on all bikes in some parts of the city suggests they view “safety and social issues” as broader than e-bikes which are not road legal. 

We believe that all of our interviewees were appropriate and sufficiently well informed. The sequence in which Adrian Chiles tested a range of e-bikes on private land did not promote illegal use, but illustrated the scale of the problem with illegal e-bikes that are easy to buy both online or in physical stores. As someone who works in the industry, you will be aware that they are widely available and are proving hard for councils and police to regulate. 

This programme was not an attack on the e-bike industry or e-biking in general and we were not obliged to interview someone from the industry in order to achieve “fair balance.” We think the programme featured lots of positive comments about e-bikes. Viewers will have seen an e-biker in London talk enthusiastically about how he uses them to get around the city; Sushila Dhall referred to their positive impact on the environment; the commentary mentioned how they help to cut carbon emissions; and presenter Adrian Chiles concluded the film by stating they are a “good thing” and he can “see their value.”

We do not believe that Adrian’s comment about the absence of clear and enforceable rules was not justified. There is widespread confusion about e-bikes. As we have already outlined in this email, there are a range of terms used to describe e-bikes and those bikes that do not conform to EAPC regulations. The bike industry uses some very specific terms but police and councils use “e-bikes” or “illegal e-bike” to refer to a range of two wheeled, battery-powered vehicles. 

There is also confusion about the use of throttles. The law says that they should not be used for greater assistance than 6 kph but it is possible to get an e-bike reclassified via the DVSA as an e-moped and then use a throttle when not pedalling. This presents difficulty for police and councils who have to work out which e-bikes have been reclassified as e-mopeds. 

The comments about “clear and enforceable rules” also referred to how towns and cities in the UK manage cycling of every sort. As was documented in the programme, there have been some problems in places like Oxford and Birmingham. 

Thank you for taking the time to write to us and we hope that this addresses the issues you have raised."