ACMA finds Kyle & Jackie O show in breach of radio codes
2Day FM’s Kyle & Jackie O breakfast show has been found to be in breach of commercial radio codes by the media watchdog following its investigation into the controversial lie detector segment.
The Australian Communications and Media Authority (ACMA), which does not have the power to fine the radio network, has now commenced the formal process of imposing a new condition on the broadcasting licence of 2Day Sydney.
The body said the condition is intended to provide increased protection for children participating in hosted entertainment programs.
ACMA’s decision follows its investigation into the broadcast of the Kyle & Jackie O Show on July 29 which involved a 14-year-old girl revealing that she had been raped while attached to a lie detector.
The segment caused a public backlash against the duo, which saw them suspended by their employer, Austereo.
Chris Chapman, Chairman of the ACMA said: “Even in these more liberal times, quizzing an under-aged child about her sexual history, for mere entertainment, offends community standards.
“The real essence of the problem here was not the presenters or their comments in the segment, but that such a segment could occur at all. Ultimately this was the responsibility of the licensee’s management. Given the seriousness of the matter, the ACMA considers that the imposition of an additional licence condition is appropriate.”
Details of the proposed terms of the licence condition are:
1. Having regard to the special vulnerability of children, in broadcasting any program or program content in which a child:
1. takes part;
2. is referred to in an identifiable way; or
3. is involved in any way (other than as a broadcast listener),
the Licensee must regard the best interests of that child as the paramount consideration and act in those best interests.
2. Without limiting the generality of paragraph 1, the Licensee:
1. must not act in a way that could reasonably be anticipated to cause a child referred to in paragraph 1 unnecessary distress or anxiety by their involvement in a program or by the broadcast of a program or program content; and
2. must not cause a child referred to in paragraph 1 to be exploited or humiliated.
3. The Licensee’s obligations in paragraphs 1 and 2 are separate from and in addition to any obligation it may have to obtain consent to participation in the broadcast or program from the child or any parent or guardian of the child.
4. The Licensee must develop and implement a staff training program specifically focused on its obligations under this licence condition. The training program must be delivered to all of the Licensee’s employees and agents involved in the preparation and presentation of programs for broadcast by no later than 45 days after this licence condition comes into effect. Written evidence of the delivery of such training must be provided to the Australian Communications and Media Authority by no later than 60 days after this licence condition comes into effect.
5. In this licence condition child means a person under 18 years of age.
6. The Licensee’s obligations in paragraphs 1 and 2 cease to have effect three years after the day when this licence condition comes into effect.
The licensee will also have the right to make representations to the ACMA as to whether the licence condition should be imposed.
Tim Burrowes founded Mumbrella in 2008. He worked on Mumbrella until 2021. At various points he was editor, content director and editor-at-large.
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Quick everyone, set your home-page to a church website, and tune your radios to christian broadcasts – the ACMA can’t fine anyone, but that won’t stop them imposing a letter-writing grandmother’s values on you, and your internet browsing.
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+1 to Milorad.
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I’m amazed at how many faulty appliances are sold in this country. My radio comes with an off button and tuning selector. @Milorad, I can’t listen to Christian radio they keep talking about the seven deadly sins, which I find offencive as I see them as a to do list.
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The previous posts are a new low. Sure there is the off button but we do need rules to protect minors.
Question for Damo. Who do you want to steal from or kill?
Max
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Society as a whole isn’t just for kids. You can’t go turning the world at large into ABC3 just because kids are somewhere in a 50 mile radius.
We need rules, sure, but before that, we need parents taking responsibility for the actions of their children. I will not live on Sesame Street just because you can’t handle your kids.
Case in point: Everyone blames KJo, but nobody blames the idiot mother who was complicit in strapping her kid to the machine – and who was the one insisting that she be asked about her sex life. KJo can’t be expected to have prior knowledge of the rape, but the mother sure can be.
I bet most complainers haven’t even heard the segment. The daughter begs the mother not to ask, and says “you already know mum” before the mother pushes forward. Who straps their raped child to a lie detector and asks them questions about their sex life?
There’s so much stupidly misplaced accountability going on here.
Max, I know it’s not your fault – your sense of humour has been programmed out of you by your religious indoctrination. Seek help.
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IMHO they should have been kicked off the airwaves a long time ago, purely on the basis of being talentless hacks. And then of course there was the disgusting exploitation of a 14 year old rape survivor. What do you know, boards can occasionally be made of win.
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K & J & 2dayfm = bad attitude + crap music
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The issue at hand is not the content *you* hear (or don’t, if you turn the dial.) The issue, as is quite clear from the ruling, is the exploitation of a minor.
“Must not cause a child referred to in paragraph 1 to be exploited or humiliated,” being the relevant language.
Management should never have put that girl in that situation in the first place, and rape or no rape, that’s simple common sense. I don’t care that the mother shouldn’t have put her kid in that chair — they shouldn’t have supplied the chair. Period.
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“I’m amazed at how many faulty appliances are sold in this country. My radio comes with an off button and tuning selector. ”
Like timeismine said, the terms are obviously aimed at protecting participants in the radio program, not listeners. It wouldn’t have done the young girl in the lie detector stunt any good at all to turn off her radio considering she was actually in the studio, hooked to a lie detector. Where was her “out” from the situation? Her mum didn’t protect her but these guidelines would have.
By the way, I’m not religious. Freedom of speech, nudity on television, swearing, drugs – that’s all a totally different issue from this. It’s not about censorship but protecting minors who are actively participating from exploitation or humiliation. How does that equate to “grandmother’s values”?
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Since news.com.au wouldn’t accept my comment that day in their corresponding article I’ll repeat it here…”Hear that Austereo, DON’T exploit minors!”
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Shite station and shite hosts overall…nuff said…
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Apparently Milorad thinks that we should have all sorts of obscene shenanigans be allowed to occur in public view regardless of whether children might see it, as adults should be allowed to view, or hear, whatever they want.
I disagree.
I agree that the mother is an absolute cow.
I disagree that a parent’s abhorrent lack of responsibility or care for the welfare or privacy of their child absolves the radio station or KJo of all responsbility.
All adults in a society have a duty to look after the welfare of the children they encounter. It’s not good enough to just say “they aren’t my kids” or “blame the parents”, even though the parent might be worthy of blame.
ACMA has it right. Someone at the station, at some point, should have thought “we’re strapping a 14 yro into a lie detector, maybe this is going too far” and put a stop to it. Hell, not just someone …. every single so-called ‘adult’ who works there should’ve known better.
And, no, I’m not religious.
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