Future regulation of equal opportunities in broadcasting

Statement Published 16|07|08

Summary

Background

1.1 Ofcom is required to ensure that all but the smallest broadcasters make arrangements for promoting equal opportunities in employment regardless of gender, race and disability. At the moment, we do this through an annual reporting process and guidance to broadcasters on policies and procedures. Given experience of co-regulation of training and development through the Broadcast Training and Skills Regulator (BTSR), Ofcom sought views last year on whether co-regulation should be extended to equal opportunities, or whether direct regulation should continue. Further background is set out in section 2.

The consultation and Ofcom’s assessment

1.2 Most respondents favoured co-regulation, and agreed that BTSR should undertake this task. A number emphasised that more detailed planning was required and that costs should be kept under control. Advocates of continuing with direct regulation divided between those concerned that co-regulation would signal a downgrading of equal opportunities, and those broadcasters who saw no financial benefit. Section 3 summarises the responses.

1.3 Ofcom has considered all the responses carefully, and has also taken into account points made in subsequent discussions with stakeholders. Our assessment is set out more fully in section 3. Among other things, we believe that co-regulation could bring much better focus to equal opportunities than direct regulation from Ofcom, and secure participation from industry that is geared to broadcasters learning from each other, rather than directed (as at present) to data collection. Nonetheless, we see merit in a number of the suggestions made by supporters and critics of co-regulation alike, and believe that they should be taken into account in detailed planning.

Ofcom’s decision

1.4 Ofcom recognises that thorough preparation is required if co-regulation is to succeed, and to take account of the suggestions that have been made by stakeholders. With this in mind, Ofcom has decided that:

1. direct regulation should be retained until at least April 2009;
2. stakeholders, including groups representing the interests of those who would benefit from improvements in equal opportunities, should have the opportunity to contribute to planning and preparation for co-regulation, both through representation on the BTSR Board, and through BTSR’s discussions with stakeholders;
3. BTSR should be invited to manage a detailed planning process, in which both broadcasters and other interest groups should be actively involved, with a view to preparing for co-regulation with effect from April 2009;
4. BTSR will be asked to submit these plans to Ofcom in time to enable it to decide whether it is appropriate to commence co-regulation with effect from April 2009. In making this decision, Ofcom will have regard to the extent that the plans indicate that the co-regulator would secure the advantages foreseen in paragraph 4.1 of section 4;
5. Ofcom will streamline the process for using licence compliance powers so that it can use these backstop powers more effectively, both for the period during which it retains direct responsibility for promoting equal opportunities, and to provide appropriate support for possible co-regulation thereafter. In discussion with BTSR, Ofcom proposes to require that, following a final decision to implement co-regulation, BTSR should notify Ofcom of licensees who do not participate effectively, so that Ofcom can use its licence compliance powers where necessary; and
6. in the event of proceeding to co-regulation Ofcom would review its effectiveness with interested stakeholders within two years of co-regulation taking effect.

People in Broadcasting

1.5 Although Ofcom believes that co-regulation of the arrangements to promote equal opportunities is a more effective approach, Ofcom will retain its obligations under sections 27 and 337 of the Communications Act 2003 to promote equality of opportunity in employment and training and development for those working in or connection with television and radio services. In addition, there are a number of related issues, such as the portrayal of diversity in the broadcast media, where Ofcom has a particular interest, though no specific statutory remit. Even though Ofcom proposes that the BTSR should effectively act as its agent in this area, we consider it important that Ofcom remains engaged, to lend support to strategic thinking in the industry.

1.6 Against this background, Ofcom has invited the BTSR and Skillset to join with it in forming a partnership – People in Broadcasting. Like Ofcom, both the BTSR and Skillset are closely involved in meeting people-related public policy objectives and have complementary roles. The partnership would enable the three parties working together to create a greater impact in the related fields of equality of opportunity and training, while recognising the distinctive responsibilities and expertise which each body brings to bear. Ofcom’s thinking is set out more fully in section 4.