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Introduction

1.1 Section 337 of the Communications Act 2003 (“the Act”) requires Ofcom to include conditions in radio and television broadcasters’ licences requiring licensees to make arrangements to promote equal opportunities in employment on the basis of gender, race and disability. Section 27 of the Act also places a duty on Ofcom to take all such steps as it considers appropriate to promote equal opportunities. The relevant Sections from the Act are set out in Annex 1.

1.2 The BBC and S4C are not licensees of Ofcom but equivalent requirements apply to ensure that they promote equal opportunities. In the case of S4C, Schedule 12 of the Act requires the Welsh Authority to make arrangements to promote equal opportunities and to consult Ofcom before doing so. In the case of the BBC, Clause 83 of the Agreement between the Secretary of State for Culture, Media and Sport and the BBC of June 2006 includes a requirement to make arrangements to promote equal opportunities but leaves it to the Executive Board to decide what form these should take. The BBC 's participation in the Ofcom reporting system is therefore purely voluntary.

1.3 Terrestrial television licensees and national radio licensees were already under an obligation to make arrangements to promote equal opportunities before 2003. The Act extended the obligation to all licensed television and radio broadcasters (except for very small broadcasters – see 1.6 below) to make arrangements to promote equal opportunities. This report examines three sectors: terrestrial television broadcasters; satellite and cable television broadcasters; and radio broadcasters.

1.4 In order to ensure the effectiveness of broadcasters’ arrangements broadcasters were asked to provide specific equal opportunities data and information in a particular format so that judgements could be made about the extent to which they are meeting their obligation to promote equal opportunities in employment. Ofcom needs to be able to analyse the data in a number of ways to develop a better understanding of the nature of the diversity of people within the industry. This enables Ofcom to evaluate and report on the number of staff broadcasters employ and the comparative number of people they employ from the three groups set out in the Act – race, people with disabilities and gender. It also enables Ofcom to publish specific examples of good practice (supported by robust data).

1.5 Ofcom wrote to all broadcasters in March 2005 setting out the broadcasters’ obligation to promote equal opportunities and informing them that a report from each broadcaster of their activities in 2005 (Annex 2) would be expected in January 2006. A subsequent, formal request was sent to broadcasters in November 2005 giving various dates throughout January and February 2006 by which broadcasters should file their reports via an on-line reporting system.

1.6 Broadcasters who employed fewer than 21 people under a single licence or as part of a larger operating Group, or were licensed to broadcast for 32 days or fewer per year during the reporting period were exempt from having to provide the information requested. This exemption is set out in Section 337 of the Act. However, they were required to register their exemption formally online.

1.7 The information was requested under a series of headings which Ofcom believed would help broadcasters to provide a picture of equal opportunities and its relative importance within their organisations. The headings included: equal opportunities policy statement; workforce monitoring; practical steps taken to avoid discrimination; any positive action training; special facilities or schemes; monitoring and evaluation of the effectiveness of their policies and procedures; the named person (if one exists) responsible for managing the policies and procedures; and the frequency with which the issue of equal opportunities is discussed at main board level.

1.8 All television and radio licensees have been provided with a copy of the guidance document “Equal Opportunities: A Toolkit for Broadcasters” published by Ofcom in 2004 which is also available on the Ofcom website.

The Purpose

1.9 The purpose of this report is to provide a summary of broadcasters’ responses and to identify the extent to which the duty to promote equal opportunities is being met. This report covers the level of equal opportunity and diversity monitoring reported across the industry as well as the level of broadcasters’ engagement with the promotion of equal opportunities. It outlines the type of procedures and activities that broadcasters have introduced to support equal opportunities within their recruitment process in particular and employment practices in general and identifies areas in which Ofcom proposes to give support or written guidance. The report also identifies good practice which can be shared across the industry.

1.10 Statistical data plays an important part in the promotion of equal opportunities. The information provided by broadcasters has been used to help develop the workforce diversity profile for the three sectors - radio, terrestrial television and cable and satellite television – by sector and industry-wide.

The full document is available below

• Broadcasters' Returns on Equal Opportunities 2005 [pdf]
  Full Print Version

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