The broadcasting union Bectu revealed this week that Ofcom had stopped enforcing commitments made by broadcasters on issues around diversity, even if they breached licence conditions.

The shocking revelation came only through legal action by the union.

Bectu had made a Freedom of Information request in 2007 for Ofcom to disclose ethnic monitoring data it collected for the year 2005. Ofcom refused, claiming the disclosure of the data was not necessary. It also argued the regulatory landscape had changed so it did not have to.

The union then appealed to the Information Commissioner, which last year rejected its argument. That left it no option but to go to the Information Tribunal.

Their judgement agreed with Bectu’s argument that the regulator had to disclose this information.

But the court proceedings forced Ofcom to reveal that in 2005 it decided that measures to force broadcasters to comply with their obligations on diversity – fining them or revoking their licence – were “draconian” and “resource intensive given the number of cases”.

In a statement sent to AIM Magazine, Bectu General Secretary Gerry Morrissey said: “Ofcom’s shocking admission that its policy was not to enforce contract compliance on diversity is a staggering indictment of their attitude to equality and makes a mockery of licence regulation.”

“That they are keeping secret licence holders’ ethnic monitoring data for fear that disclosing it might discourage them from fulfilling their compulsory licence conditions makes Ofcom’s position frankly ridiculous.”

Bectu is now demanding intervention from the Equalities and Human Rights Commission and the Government Equalities Office to compel the regulator to change its policy.

Ofcom’s remit concerns television and radio broadcasting. It is not responsible for regulating the printed press.