Radio Today

ACMA impose 2Day license condition

At 11am today ACMA released their final ruling on the introduction of a second license condition on 2Day FM following comments Kyle Sandilands made in November about a journalist.

ACMA have formally applied a second license condition to 2Day FM which amends the codes 'decency' requirement, and makes it a formal condition of the 2Day FM broadcasting license. The condition only applies to 2Day FM, however it does apply to all programs on that station, and will be in place for five years.

The specific code referred to says, in part:  ‘program content must not offend generally accepted standards of decency...having regard to the demographic characteristics of the audience of the relevant program’.
 
Southern Cross Austereo have subsequently released a statement from CEO Rhys Holleran that says:
 
“Southern Cross Austereo (SCA) acknowledges today’s decision by ACMA and is reviewing all available options. SCA finds the decision broad reaching and its lengthy term unprecedented. SCA believes ACMA has not fully taken into consideration the extensive processes and procedures that the business has taken upon itself to implement with regards to comments made by Kyle Sandilands on 22 November 2011"
 
You can read the ACMA release in full below:


The ACMA imposes licence condition on 2DAY FM

The Australian Communications and Media Authority has imposed an additional licence condition on the broadcasting licence of 2DAY, Today FM Sydney Pty Ltd, the licensee of 2DAY FM.

Following an investigation of the Kyle and Jackie O Show broadcast in November 2011, the ACMA found that Kyle Sandilands’ comments about a female journalist were deeply derogatory and offensive, and amounted to a breach of the Commercial Radio Codes of Practice 2011 (the codes).

The ACMA announced on 27 March 2012, that it had given the licensee a ‘Notice of intention to impose an additional licence condition.’ The licensee has had an opportunity to make representations to the ACMA and the ACMA’s action follows consideration of those representations.

The additional condition elevates the codes’ decency requirement to a condition on the broadcaster’s licence. The relevant code requirement is that ‘program content must not offend generally accepted standards of decency...having regard to the demographic characteristics of the audience of the relevant program’.

The licence condition is not confined to broadcasts by Mr Sandilands of the Kyle & Jackie O Show – it applies to all content broadcast by 2DAY for five years.

Further information about licence conditions is available on the ACMA website.

For more information or to arrange an interview please contact: Emma Rossi, Media Manager, on (02) 9334 7719, 0434 652 063 or [email protected]

Backgrounder

ACMA conducts investigations under the Broadcasting Services Act 1992 (the BSA).

The ACMA’s powers
The ACMA has a range of powers intended to enable it to deal effectively with breaches of the rules, including the codes developed under the BSA.

For example, where there has been a breach of the commercial radio codes, the ACMA may accept an enforceable undertaking for the purpose of securing future compliance with the codes or may impose an additional licence condition under section 43 of the BSA.

Before an additional licence condition can be imposed the ACMA first needs to give the licensee written notice of its intention to impose the licence condition; the licensee must be given a reasonable opportunity to make representations to the ACMA in relation to the proposed condition and the proposed condition must be published in the Commonwealth Gazette. The licensee can apply to the Administrative Appeals Tribunal for review of an ACMA’s decision to impose a licence condition.

If an additional licence condition is imposed and the licensee breaches that condition, then as alternatives to suspending or cancelling the licence, the ACMA has power to issue a remedial direction requiring compliance. In the event that the licensee does not comply with a remedial direction, the ACMA may:

pursue a civil penalty in the Federal Court
refer the matter for prosecution to the DPP as an offence; or
at any time, accept an enforceable undertaking (including provisions dealing with compliance with a code).

Published on Published on Wednesday, 16 May 2012 11:15



Sounding Hot (11:53am 16 May 2012)
May it be a lesson to all who shoot from the hip without thought or regard to those it might hurt and cause distress. Free speech does give anyone the right to be abusive nor does it give license to abuse the privilege of being on-air. I congratulate and thank ACMA for the clarification. OK back to work thanks people.

 Post Anonymously 

   I am a real live breathing human person

 

Grant Broadcasters has a vacancy for a Copywriter/Announcer in the Riverland, SA. Details.

 

River 94.9 FM in South East Queensland has a vacancy for a Breakfast Personality. Details.

 

2BH and HILL FM in Broken Hill are looking for a Production Whiz / Announcer. Details.

 

 

 

Grant Broadcasters are looking for Sales Staff based in Cairns. Details.

 

Grant Broadcasters are looking for a News Editor for 2ST/Power FM in Nowra. Details.

 

Got a question? Got a suggestion?

Got a Story?

Email Blair anytime here.

 

Nova Entertainment are looking for Announcers for their talent bank at Nova 96.9 in Sydney. Details.

 

 

Fairfax Radio Network has a vacancy for a Creative Writer based in Melbourne.Details.

 

SCA has a vacancy for an Announcer / Music Director for Sea FM in Gosford. Details.

 

C91.3 Campbelltown has a role for a Sales Manager available. Details.

 

Rod Maldon is heading to New Zealand and joining NZME as Assistant Content Director of ZM nationwide.

Matty White is moving back to Triple M Sydney to be the Assistant Content Director and Head of NRL Football .

 

Mike Byrne is heading back to Newcastle to be the Group Content Director for SCA’s NX and KO FM..

 

Phil Bradley is the new Group Content Director for SCA in Hobart

 

Brisbane's Magic 882 Ian Keenan  is making the move from Mornings and will host the Breakfast show on the station.

 

Tim Wong-See is back at Nova Entertainment doing late nights on Nova nationwide.

Aaron Rich is now on FOX FM Melbourne Mornings for 2015. Aaron has jumped from Nova.

Brodie Green has been appointed as Night Imaging Producer for Smallzy’s Surgery.

 

Ross Turner is leaving 7HOFM Hobart after 3 years to become CD at HOT91/Zinc on the Sunshine Coast.

Peter Yiamarelos is heading back to Australia to be the new Content Director of SEAFM and 2GO FM on the Central Coast. 

 

 

Canberra Ratings

1 104.7 17.3 (17.5) SCA
2 Mix 106.3 16.8 (15.9) SCA
3 ABC666 16.4 (15.6) ABC
4 triple j 10.0 (10.3) ABC
5 Classic FM 8.2 (10.2) ABC
6 Radio National 7.6 (6.9) ABC
7 2CC 7.0 (6.6) Capital
  • 10+ overall share Mon-Sun, Survey 2/2014
  • GFK

Gold Coast Ratings

1 Gold FM 14.3 (15.0)* SCA
2 Hot Tomato 14.1 (13.9)* HT
3 Sea FM 9.5 (8.8)* SCA
4 triple j 9.4 (7.6)* ABC
5 ABC 91.7 FM 6.7 (6.6)* ABC
6 ABC612 3.3 (4.2)* ABC
7 ABC FM 2.9 (2.2)* ABC
  • 10+ Overall Share Mon-Sun, Survey 3/2014
  • * previous survey

 

Brisbane Ratings

1 Nova 106.9 13.5 12.9) NovaEnt
2 97.3FM 12.3 (13.0) ARN
3 B105 9.7 (9.0) SCA
4 Triple M 8.8 (8.7) SCA
5 triple j 9.0 (8.0) ABC
6 ABC612 8.5 (9,4) ABC
7 4KQ 7.1 (7.5) ARN
  • 10+ share Mon-Sun, Survey 8/2014 (GfK)

Perth Ratings

1 Mix 94.5 13.8 (14.5) SCA
2 Nova 93.7 12.6 (13.5) NovaEnt
3 triple j 11.0 (10.4) ABC
4 96FM 10.2 (9.4) Fairfax
5 ABC720 9.6 (9.6) ABC
6 92.9 8.2 (8.4) SCA
7 6PR 7.3 (8.5) Fairfax
  • 10+ share Mon-Sun, Survey 8/2014 (GfK)

Auckland Ratings

1 Newstalk ZB 13.4 (13.0) TRN
2 Coast  9.6 (8.1) TRN
3 The Edge 7.8 (6.0) Mediaworks
4 The Breeze 7.0 (6.5) Mediaworks
5 Classic Hits 6.7 (5.9) TRN
6 ZM 5.9 (5.6) TRN
7 Mai FM 5.2 (4.3) TRN
  • 10+ share, Survey 1/2014

Christchurch Ratings

1 Newstalk ZB 17.0 (16.1) TRN
2 More FM 10.7 (11.8) Mediaworks
3 The Breeze 10.2 (8.8) Mediaworks
4 The Rock 9.0 (10.3) Mediaworks
5 The Edge 6.9 (6.5) Mediaworks
6 The Sound 6.0 (6.4) Mediaworks
7 Classic Hits 5.7 (5.7) TRN
  • 10+ share, Survey 1/2014

Wellington Ratings

1 NewstalkZB 15.3 (10.5) TRN
2 The Breeze 13.7 (14.6) Mediaworks
3 ZM 11.3 (12.4) TRN
4 The Sound 7.5 (7.1) Mediaworks
5 The Rock 7.4 (8.3) Mediaworks
6 The Edge 6.6 (8.3) Mediaworks
7 Coast 5.7 (4.6) TRN
  • 10+ share, Survey 1/2014

Newcastle Ratings

1 KOFM 15.3 (15.3)* SCA
2 ABC1233 11.9 (11.1)* ABC
3 NXFM 11.6 (9.7)* SCA
4 New FM 10.0 (9.3)* BOG
5 triple j 9.9 (10.8)* ABC
6 2HD 9.8 (10.3)* BOG
7 Classic FM 3.9 (4.7)* ABC
  • 10+ Overall Share Mon-Sun, GfK Survey 3/2014

 

Adelaide Ratings

1 Mix 102.3 15.5 (14.6) ARN
2 FIVEaa 11.4 11.2) NovaEnt
3 Nova 91.9 11.2 (11.8) NovaEnt
4 ABC891 10.0 (11.3) ABC
6 hit107 8.1 (8.3) SCA
7 Cruise 1323 8.1 (7.6) ARN
  • 10+ share Mon-Sun, Survey 8/2014 (GfK)
  • hit107 on-air Oct 20, was SAFM

Wollongong Ratings

1 I98 23.8 (28.5) WIN
2 Wave FM 16.0 (17.3) GRANT
         
  • 10+ Overall Share Mon-Sun, Survey 1/2014
  • IRIS Research

Central Coast Ratings

1 Sea FM 17.7 (12.4) SCA
2 2GO FM 13.2 (17.5) SCA
3 Star 104.5 11.4 (14.3) NovaEnt
4 ABC 92.5 10.7 (9.9) ABC
5 2GB 9.8 (8.9) MRN
6 Triple J 5.8 (5.2) ABC
7 WSFM 2.8 (0.7) ARN
  • 10+ overall share Mon-Sun, Survey 1/2012
  • Nielsen Media Research

Albury Ratings

1 Star FM 22.9* (22.7)** SCA
2 The River 20.7* (27.0)** SCA
3 2AY 16.6* (11.9)** ACE
4 ABC Local Radio 14.0* (11.2)** ABC
5 Triple J 9.9* (4.2)** ABC
6 Radio National 2.2* (1.6)** ABC
  • 10+ overall share Mon-Sun, Survey 1/2014
  • * Xtra Research/ ** Nielsen 

Company Stock ID Price Change
Southern Cross Media
SXL
1.05
0.00%
Fairfax Media Group
FXJ
0.900
3.45%
Macquarie Radio Network
MRN
1.07
-6.96%
Pacific Star Network
PNW
0.300
0.00%
APN News & Media
APN
0.810
1.25%
Oceania Capital
OCP
1.38
0.00%
Ten Network
TEN
0.200
0.00%
Seven West Media
SWM
1.31
3.15%
Seven Group Holdings
SVW
5.13
-1.54%
Nine Entertainment
NEC
1.77
6.63%
Prime Media Group
PRT
0.805
-2.42%