Regulator slaps licence conditions on network behind Kyle and Jackie O

The Australian Communications and Media Authority (ACMA) has imposed conditions on the radio licence of KIIS FM owner ARN Media, in response to repeated breaches by the popular but controversial radio show The Kyle & Jackie O Show, which has effectively been terminated by owner ARN Media.

“To date ARN management have been unwilling or unable to control the content that has gone to air. These additional licence conditions mean further breaches will attract strong enforcement action that was not otherwise available to the ACMA,” the authority’s chair Nerida O’Loughlin, said.

An ACMA investigation into the popular show last year found nine breaches of the decency provisions of the Code of Practice by the program, including two episodes of a guessing game in which audio clips of male and female staff members urinating were aired, with hosts guessing which audio belonged to which staff member.

“Both episodes included comments about the genitals of participants, and in the female staff member episode, graphic comments about menstruation and oral sex,” ACMA said.

There was also a game in which a contestant provided an offensive description of a sexual position and a segment that contained lewd discussions about masturbation and pornography websites.

The show aired between 6am and 10am on weekdays.

Enforcement actions available to the ACMA, in the event of further breaches, include court‑enforceable undertakings, remedial directions, civil penalties, or suspension or cancellation of the broadcasting licence.

ACMA is imposing the conditions on the KIIS Sydney and KIIS Melbourne licences but they apply only to The Kyle & Jackie O Show and any future show on the network featuring either Kyle Sandilands and Jackie “O” Henderson either together or separately.

ARN said the conditions, which will be in place for five years, include the show complying with the decency provisions of the Commercial Radio Code of Practice and must ensure “the program does not broadcast content which is highly offensive or which contains strong and explicit sexual references by the standards of an ordinary and reasonable listener”.

In a statement to the ASX, ARN said it “acknowledges and respects the decision by ACMA” and will review the decision and “consider options”.

ARN also said it “has already taken steps to ensure compliance and brand safety in line with these licence conditions”.

Sandilands has until Tuesday to “remedy” his alleged breach of contract. He was suspended by ARN earlier this month after allegedly engaging in “serious misconduct” by berating Henderson during their February 20 show to the point at which she refused to go back on air.

As previously reported, to “remedy” the alleged act of serious misconduct, Sandilands would have to convince Henderson to return to The Kyle & Jackie O Show at radio station KIIS FM with him again. The pair had enjoyed a 10-year, $200 million deal lasting until the end of 2034.

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