Notice of Intention to Impose an Additional Condition on Commercial Radio Broadcasting Licence No. 4142

AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY

Broadcasting Services Act 1992

NOTICE OF INTENTION TO IMPOSE AN ADDITIONAL CONDITION ON COMMERCIAL RADIO BROADCASTING LICENCE NO. 4142  

Pursuant to paragraph 43(2)(a) of the Broadcasting Services Act 1992 (BSA), the Australian Communications and Media Authority (the ACMA) hereby gives notice that it proposes to impose an additional condition on the commercial radio broadcasting licence number 4142 held by Double T Radio Pty Ltd (the Licensee) in the following terms:

Proposed condition

Definitions

In this licence condition:

Governance Framework means the Licensee’s systems, processes, contracts, policies and training that are relevant to compliance with items 1 and 2 of this licence condition. 

For the purposes of this definition, contracts include program supply agreements and employment contracts.

Program means the Kyle & Jackie O Show or any other show hosted by and/or featuring Kyle Sandilands and/or Jacqueline Henderson, alone or in combination with another presenter(s) or guest(s).

Sexual References means references to sexual activity or sexual descriptions. Sexual references include spoken words, innuendo and/or sound effects that would be understood by the ordinary reasonable listener as having a sexual meaning.

For a period of 5 years from the date that this condition comes into effect the Licensee must:

1.       In respect of the Program, comply with clause 2.2 of the Commercial Radio Australia Code of Practice 2017 (revised in 2018) (the Code), or any equivalent provision in any replacement code registered by the ACMA under section 123 of the BSA.

1.       Without limiting paragraph 1, ensure that the Program does not broadcast content which is highly offensive to an ordinary reasonable listener or which contains strong and explicit Sexual References.

Note: A Sexual Reference can be any single reference within the Program and does not need to be recurring throughout the Program.

1.       The Licensee must commission an independent audit of the Governance Framework by a compliance expert. 

The Licensee must commission the independent audit on the basis that:

1.       the audit will be completed no later than 6 months after the date this licence condition comes into effect; and 
2.       the auditor’s report of the independent audit will be provided to the Licensee and the ACMA within 7 days after completion of the independent audit.  

1.       If the auditor recommends improvements to the Governance Framework, these must be implemented by the Licensee no later than 3 months after the receipt by the Licensee of the auditor’s report.