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

Overview

The Broadcasting Services Act 1992 (BSA) was enacted to regulate the broadcasting industry in Australia, ensuring compliance with standards and codes of practice. This Act was introduced to address the need for a comprehensive regulatory framework to manage the increasing diversity and complexity of broadcasting services. The BSA is administered by the Australian Communications and Media Authority (ACMA), which is tasked with enforcing compliance with broadcasting standards and ensuring that content is suitable for the public. In this context, the ACMA has identified a need to impose additional conditions on a commercial radio broadcasting licence to address specific concerns regarding the content of a particular radio program, ensuring it aligns with community standards and does not broadcast highly offensive or sexually explicit material. The policy objective is to maintain the integrity and suitability of broadcasting content for the general audience.

Scope and Application

The Broadcasting Services Act 1992 (BSA) applies to broadcasters within Australia, encompassing both commercial and community radio and television services. The Act provides the legislative framework for the regulation of broadcasting services, including the imposition of licence conditions and the enforcement of codes of practice. In this instance, the ACMA is imposing an additional condition on a commercial radio broadcasting licence, specifically licence number 4142 held by Double T Radio Pty Ltd. The condition pertains to the Kyle & Jackie O Show and other shows hosted by or featuring Kyle Sandilands and Jacqueline Henderson, requiring the Licensee to adhere to specific content guidelines and to commission an independent audit of their governance framework. The Act allows for the extension of its application through subordinate instruments, such as codes of practice, which in this case is the Commercial Radio Australia Code of Practice 2017. The geographic reach of the BSA is national, applying across all states and territories of Australia. There are no stated exclusions or exemptions in this specific notice, but the Act may contain general provisions that exclude certain types of services or content from its application.

Key Provisions

The proposed condition, pursuant to section 43(2)(a) of the Broadcasting Services Act 1992 (BSA), imposes specific requirements on the commercial radio broadcasting licence number 4142 held by Double T Radio Pty Ltd (the Licensee). For a period of five years from the date this condition comes into effect, the Licensee must ensure that the Kyle & Jackie O Show, or any other show hosted by and/or featuring Kyle Sandilands and/or Jacqueline Henderson, complies with clause 2.2 of the Commercial Radio Australia Code of Practice 2017 (revised in 2018) or any equivalent provision in any replacement code registered by the Australian Communications and Media Authority (ACMA) under section 123 of the BSA. Importantly, the Program must not broadcast content that is highly offensive to an ordinary reasonable listener or which contains strong and explicit sexual references. In addition to these content-related requirements, the Licensee is obligated to commission an independent audit of its Governance Framework by a compliance expert. The Governance Framework is defined as the Licensee’s systems, processes, contracts, policies and training that are relevant to compliance with the first two clauses of this licence condition. This audit must be completed no later than six months after the condition comes into effect, and the auditor’s report must be provided to both the Licensee and the ACMA within seven days after the audit's completion. If the auditor recommends improvements to the Governance Framework, the Licensee must implement these recommendations within three months of receiving the auditor’s report. Failure to comply with these obligations could result in significant consequences. While the Gazette does not specify the exact offences, penalties, or consequences for breach, the BSA generally provides for both civil and criminal penalties for non-compliance with broadcasting licence conditions. Civil penalties can include substantial fines, and in severe cases, criminal penalties may apply, which could result in imprisonment for individuals found guilty of serious breaches. It is important to note that the exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or precedents.