Kyle Sandilands and Jackie O network slapped with new licence conditions
The media regulator has slapped additional licence conditions on ARN Media over breaches by The Kyle and Jackie O Show. (Facebook: Kyle and Jackie O)
In short:
KIIS FM owner ARN Media has been slapped with more broadcasting conditions by Australia's media regulator.
The new rules require KIIS FM to commission an independent audit of their policies and implement report recommendations and plans.
What's next?
The additional conditions have been announced one day before Kyle Sandilands was meant to remedy his "act of serious misconduct", which he denies.
The media watchdog has imposed new broadcasting rules on KIIS FM owner ARN Media, in response to repeated breaches by controversial radio program The Kyle and Jackie O Show.
The show was taken off-air almost two weeks ago after an on-air argument on February 20 when Kyle Sandilands described Jackie "O" Henderson's "fixation" on horoscopes as making her "almost unworkable".
In an ASX statement on March 3, ARN Media said Henderson had "given notice" she could not continue to work with Sandilands, which she later denied.
The incident led to the suspension of Sandilands, who was given 14 days by the network to "remedy" the breach of contract, which he denies, or "cease to present" the show.
The additional licence conditions are in response to repeated breaches by the show. (AAP: Tracey Nearmy)
The day before he is meant to remedy his "act of serious misconduct", the Australian Communications and Media Authority (ACMA) imposed two new licence conditions on the program and co-hosts, citing "repeated breaches of the decency provision of the Commercial Radio Code of Practice".
They extend to any show which the personalities may host or feature on, alone or together, and last for five years.
The first requires ARN Media to commission an independent audit of their policies and processes within six months, with a report provided to the company and ACMA within seven days of the review's completion.
The second states the company must provide the regulator with a board-approved implementation plan within three months of getting the auditor's report, outlining the steps taken,or to be taken, by the company to enact all recommendations, with time frames.
The company must then comply with the plan and time frames, except when they are modified with ACMA's approval.
It then has to report back to ACMA 12 months after the implementation plan is provided, and every 12 months onwards.
In a statement, ACMA said breaches to the additional conditions could result in "court‑enforceable undertakings, remedial directions, civil penalties, or suspension or cancellation of the broadcasting licence".
The new rules accompany two usual licence conditions listed within the Commercial Radio Code of Practice (CRCP), which dictate content must follow generally accepted standards of decency and not contain highly offensive or explicit sexual references.
ARN Media said in a statement it respected ACMA's decision and had "already taken steps to ensure compliance and brand safety" in line with the set conditions.
Nerida O'Loughlin says "further breaches will attract strong enforcement action". (ABC News)
Breaches to radio code
ACMA chair Nerida O'Loughlin said the announcement followed multiple failures by the licensees to meet their obligations under the CRCP.
"To date, ARN management have been unwilling or unable to control the content that has gone to air,"Ms O'Loughlin said.
"These additional licence conditions mean further breaches will attract strong enforcement action that was not otherwise available to the ACMA."
In 2025, ACMA found the program breached decency provisions nine times.
These included graphic comments about menstruation and oral sex, and lewd discussions about masturbation and pornography.