AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services Act 1992
Subsection 43(4)
NOTICE OF ADDITIONAL CONDITION ON COMMERCIAL RADIO BROADCASTING LICENCE NO. 3032
On 8 October 2012 the Administrative Appeals Tribunal ordered as follows:
“Pursuant to s 43(1) of the Broadcasting Services Act 1992 (Cth) an additional condition is imposed upon commercial radio broadcasting licence number 3032, held by Today FM Sydney Pty Ltd (the Licensee) in the following terms:
For a period of five (5) years from 16 May 2012 the Licensee must:
- In respect of the programs “Hot30 Countdown” and “The Kyle & Jackie O Show” and any other radio program presented live to air by Mr Kyle Sandilands alone or in combination with another presenter or presenters, comply with clauses 1.3(a) and 1.3(b) of the Commercial Radio Australia Codes of Practice and Guidelines 2011, or any equivalent provision replacing clauses 1.3(a) and (b) in any replacement code registered by the Australian Communications and Media Authority, (the Codes).
- Provide training at least once every six (6) months on compliance with the Codes for all its employees and contractors involved in the production and presentation of all programs produced by the Licensee and report in writing to the ACMA within fourteen (14) days after each training cycle has been completed on the training that the Licensee has conducted.
- In respect of “The Kyle & Jackie O Show” (the Program):
(i) employ two content monitors for the Program who are required to remove material from the Program which, in the opinion of the content monitors, is not appropriate for the broadcast.
(ii) maintain the broadcast delay utilised at 30 seconds.
4. In these orders “live to air” is defined to mean broadcast at the moment the content is being presented in the studio or elsewhere and includes where there is a delay in the broadcast for technical, regulatory or content control purposes. “
Dated this 22nd Day of October 2012