Sandilands saga demonstrates (again) that ACMA is a toothless tiger in need of new powers
I must confess I wrote today’s Kyle Sandilands story an hour before the press conference.
Once I got my hands on the findings I didn’t have to change much.
It was yet another demonstration that when it comes to real time media regulation, The Australian Communications and Media Authority is a toothless tiger.
By the end of the press conference, I was starting to feel a little sorry for ACMA chairman Chris Chapman, as he struggled to find new ways of telling the press pack of 40 or so that he didn’t really have any immediate powers.
The nearest he came, towards the end, was when he acknowledged there had been “frustration over a lack of a graduated process”.
The problem for ACMA is it lacks the powers to impose immediate sanctions such as a fine.
So Sandilands may indeed have demonstrated “a flagrant disregard” for the guidelines on the portrayal of women on commercial radio. But they’re guidelines, not a code of practice. Or as ACMA put it in today’s ruling: “While not enforceable, the guidelines can usefully inform the ACMA’s consideration of generally accepted standards”. Pow! Take that, 2Day FM.
And where it found Sandilands has breached the standards of decency, ACMA took the only real step available to it. Proposed making it a specific condition of 2Day FM’s licence that in the future it shouldn’t breach that condition.
In practical terms, that means the public will be able to complain directly to ACMA in the future rather than have to go to the radio station first – so long as the complaint is about that specific clause of the code.
And if there are further breaches then – and only then the ACMA might be able to issue a “remedial direction” or get a legally enforceable undertaking that could lead to a fine or ultimately licence suspension.
But the breaches would have to be specifically against the indecency clause.
For Kyle Sandilands himself, there are no direct consequences of his personal attack on Alison Stephenson.
A further problem with the regulatory regime – which the Finkelstein media inquiry correctly identified – is the sheer length of time it takes to deal with such complaints. The incident was four months ago. Hilariously, the fact that it was dealt with this quickly is practically a record.
I suspect that the government’s long running media convergence review will have reported and been enacted, creating a new regulatory regime, long before any of that happens.
Tim Burrowes
Hi everyone. My name is Michael Eva and I’m the Social Media Director at Southern Cross Austereo. You might like to go to this web page for some more information: http://www.southerncrossauster.....elease.pdf
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So Michael, you’re telling us that “terms such as ‘decency’, ‘demeaning’” are “too broad and ambiguous” to work within? Seriously?
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Wow, I would not put my name to such a poor media release. It desperately defends a bad conscience.
It is a shame that nothing can be done about comments such as Sandilands’, on radio or the media in general. It is just not right.
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“Relevant management and team members have been advised that if there is to be an occurrence like this again there will be significant penalties.”
Could you please explain what the penalties would be if a member of your staff breaches your systems?
How will this system be implemented and why aren’t the systems public?
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@michael the press release doesn’t really contain more information, it’s just an example of the typical line Southern Cross Austereo has taken all along; what they’re saying is they didn’t really do anything wrong and should be able to act offensively – even threateningly – without consequence.
One truth in the press release is Sandiland’s audience isn’t offended by his behaviour, that’s why he will never be sacked. That’s why Southern Cross Austereo doesn’t really care and can’t see the problem.
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Not sure how effective putting into place ‘new systems and processes’ can be when we’re talking about trying to shut Kyle Sandilands up. Unless they can arm Jackie O with a taser the moment he starts to say something offensive
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So, Mr Eva, your company is suggesting that it will find it difficult to avoid content that ‘offends generally-accepted standards of decency, demeans or is likely to demean women or girls, places undue emphasis on gender, uses overt sexual references in relation to a woman’s physical characteristics, and/or condones or incites violence against women.’?
Surely even the most inept broadcaster can find something else to talk about? If that broadcaster is unable to do so, it most definitely does NOT deserve a license. Is there no creativity in your team at all? Or anyone who can go beyond demeaning content?
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Hi Michael
In regards to your press release – care to share your “rigorous, comprehensive and unprecedented new systems”. I’m sure we’d all like to see exactly just what they are.
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Mr Eva – a broadcaster should be sacked by Southern Cross Management for saying such offensive things to women. Apology or not.
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Michael – your post is yet another misguided and out of touch Southern Cross Austereo communication. I would have hoped you lot learnt from the initial storm over your handling of the Sandilands affair – clearly that wasn’t the case.
You my friend are clueless.
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I agree with the comments about this press release. It is nonsense and offensive.
JRJ
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A simple test as to whether what was said was derogatory and demeaning.
If the equivalent of the estimated listening audience (82,000) or even just the 363 complainants were to call their switchboard and call the receptionist the same things as Kyle did … how would the receptionist feel (be they male or female).
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More recently Kyle said on air (paraphrasing) “I think Erin McNaught will win the Gold Logie over Carrie Bickmoore because Erin is more rootable”
So he hasn’t changed a bit. I don’t know how the media missed that one but it’s derogatory to both ladies.
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How long will Sandilands and O be allowed to bleed 2dayFM dry?
No advertisers would go near them now.
Years and years of inappropriate content have come back to bite them
I can’t believe that statement, surely Mr Eva you should show contrition?
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@Jackie.
Still listening yourself though?
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@jean cave No I have never nor will I ever listen to him. I don’t even watch any TV show he is on and change the channel when he’s mentioned.
The reason I paraphrased it was because it was reported to me by a friend who WAS a listener so I do not know the exact order of the words spoken…just what he said about someone being more “rootable” so should win the Gold Logie.
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Michael, Michael. Your station is not sure what constitutes demeaning or offensive behaviour and the terms are too broad…? Are you serious? Let me help here. What your moronic broadcaster said DID contravene what constitutes generally acceptable behaviour in a modern mature democracy. If you believe the terms are too broad then we can fix this by getting Sandilands to drag a woman by the hair through the streets and film this for added value. Even then your audience might not complain so it will be a huge joke, Jackie O will snigger like an idiot in the background and everyone will think the stunt has been a huge success. The problem here is that too many young people think the show is great..what that says about youngsters today the less said the better..
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A simple test as to whether Sandilands language was demeaning or offensive would be to get some people to call their switchboard and talk to the receptionists in those terms and see what their reaction would be. But I think I know the answer already.
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The general public on the phones make Kyle Sandilands sound gentlemanly, I assure you. That is not speculation. That is a fact.
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Why don’t you just stop listening to radio programmes you don’t like, rather than demand the State shut them down?
It’s not like Kyle’s on #TheirABC – so it’s not like we’re FORCED to pay for him.
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@craig
So your logic is that anyone can say anything they like on the radio and if we don’t like it just stop listening? There should be no code of conduct and no accountability?
If so, then I want a job in your radio world!
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i agree with Jean, the listeners are much worse lol
If you don’t like listening to someone turn it off. The same way no one forces you to watch murders, rape, stealing on Channel 9’s underbelly
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2Day FM broadcasts to a captive audience of neanderthals and disempowered women who think respectively that watching footy and buying shoes is the pinnacle of human endeavour.
It’s no surprise 2Day finds ACMA’s terms confusing – I’m not sure words like ‘decency’ would be used on a regular basis in the boardroom, judging by the cynical way in which they pump this effluent out. It’s dumb, it’s easy and sadly most of their listeners seem to lack self respect to begin with & probably can’t see they could do better.
Sigh. I’m sure Sandilands will continue in the same vein. I’m sure parts of his audience will continue to love his show, even though it seems clear that they are exactly the sort of people he despises most. The rest of us are just rolling our eyes and wishing he’d grow up.
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I am house-sitting and watching TV a bit, something I don’t usually do. There are a plethora of channels. Good Grief! Most of them don’t appeal to me, particularly the Heavy Machinery shows and the Porno Sector. So I don’t watch them and I don’t spit venom at those. Let us embrace diversity.
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I work as a Receptionist and if anyone spoke to me the way Kyle Sandilands did, they would be walking with a permanent limp! No one should ever have to be subjected to that kind of rudeness. This man and this silly woman should have been fired long ago! We are now stuck with them! Lucky us!
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