KIIS licence could be at risk if Kyle and Jackie O Show makes further breaches

The network behind Kyle Sandilands or Jackie “O” Henderson could face fines or even the loss of its radio licence if it breaches new conditions imposed by the media watchdog on KIIS-owner ARN for repeated breaches of the industry’s code of conduct.

The Australian Communications and Media Authority (ACMA) on Monday slapped additional 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.

The decision by the ACMA could crimp the show’s trademark sexualised banter that made it a ratings hit in Sydney before its national rollout went awry and it was pulled from the air after a blowup between the hosts.

It is the first time the ACMA has used its new powers that will be enforceable for the next five years.

“If a licensee breaches an additional licence condition that has been imposed by the ACMA, the ACMA could consider further enforcement action including accepting a court-enforceable undertaking, issuing a remedial direction or suspending or cancelling the relevant licence,” an ACMA spokesman said.

ACMA imposed the licence conditions a day before Sandilands was due to address his suspension from ARN which appears to have effectively ended the controversial but incredibly successful Kyle & Jackie O Show this month.

“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 in a statement on Monday.

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.

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 Sandilands and Jackie “O” Henderson either together or separately.

Enforcement actions available to the ACMA, in the event of further breaches, include civil penalties, and in extreme cases – suspension or cancellation of the KIIS broadcasting licence.

ARN will also be forced to provide an independent audit of the shows to ACMA to ensure compliance.

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 midnight on Tuesday to “remedy” his alleged breach of contract. He was suspended by ARN 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.

Media reports have already linked Sandilands with the new owner of Nine Entertainment’s talkback radio stations which are in the process of being sold to pub barons, the Laundy family, after he met with Stu Laundy on Saturday.

Nine is the publisher of this masthead.

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