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The Guardian - UK
The Guardian - UK
National
Hugh Muir

How the Equality Act is actually thwarting equality in broadcasting

Lenny Henry
Lenny Henry, who has trained a harsh spotlight on the BBC over minority representation. Photograph: Sarah Lee for the Guardian

Ed Vaizey, the sunny culture minister, has rarified status in government. He is not often seen and relatively little heard – which may be why he is, within his area of responsibility, quite popular. He says he is determined to do something about diversity in the media, and says it in such a way that people believe him. But with the electorate’s verdict looming, he may not be there much longer. So if the creation of a media industry better able to reflect our diversity is to be his legacy, he needs to get on with it.

Vaizey wants a concentrated effort by broadcasters to increase employment of minorities in front of screen and behind the scenes. The broadcasters say they, too, would like to enter a more representative era. The BBC – under a harsh spotlight trained by Lenny Henry – has plans to find and nurture more minority performers and executives. ITV has plans; less ambitious, but still welcome. Channel 4 has a strategy, but has yet to reveal it. Sky, meanwhile, has stolen a march. A smaller outfit with fewer chains of command, and thus nimbler, it has pledged that a senior production executive on all original commissions must be from a minority ethnic background, as must 20% of the onscreen talent and writing teams.

But there is an impediment, and here is the irony – it seems to be the Equality Act. The legislation framed to produce more equality was amended to allow for all-women shortlists to parliament, but does too little to reassure broadcasters that they can reshape hiring practices and recruit more minorities without fear of legal challenge.

There seems to be an impasse of sorts. It would help the minister if a case were brought before the courts, resulting in some level of clarification. It would help the broadcasters if Vaizey would prevail on ministerial colleagues to alter the guidelines and thus accord the broadcasters watertight protection. Of the two options, it would seem sensible for the minister to make it clear that broadcasters who act in accordance with his wishes will enjoy his support. It seems absurd that legislation enshrined to produce equality may actually be acting as an impediment to addressing lack of representation. Government is littered with insurmountable difficulties. This one seems easily addressed. If he wants to be really popular with the telly people, Vaizey will intervene. It’s a win-win isn’t it?

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