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On Monday, the Australian Communications and Media Authority (ACMA) issued a stern warning to ARN, indicating that the broadcaster could face significant penalties, including fines, suspension, or even the revocation of their broadcasting licence.
ACMA’s chair, Nerida O’Loughlin, highlighted that ARN has repeatedly failed to adhere to the standards set by the Commercial Radio Code of Practice. “The management at ARN has shown either an inability or reluctance to manage the content that is being broadcast,” O’Loughlin stated.
She further emphasized that these newly imposed licence conditions will enable more stringent enforcement measures in the event of any further violations. “The responsibility now lies squarely with ARN to ensure they exercise control over their broadcast content,” she concluded.
“These additional licence conditions mean further breaches will attract strong enforcement action that was not otherwise available.
“The ball is now firmly in ARN’s court to take control of the content they are responsible for.”
ACMA previously found ARN and The Kyle and Jackie O Show to be in several breaches of the code in 2025.
They referenced nine breaches, including two segments where audio clips of male and female staff urinating were broadcast, with hosts guessing which audio belonged to which staff member.
There was also a segment in which inappropriate discussions about pornography and masturbation occurred.
The restrictions will remain in force for five years, and will apply to the Kyle and Jackie O Show, or any new show involving either presenter while at ARN.
Under the ruling handed down, ARN will also be required to hold an independent audit of their governance framework, and will be forced to show evidence of the recommendations from the audit being implemented within the company.
The show itself is currently on a hiatus after Sandilands and Henderson had a falling out on air.
It led to ARN terminating Henderson’s contract after she claimed she could no longer work with Sandilands.
”Despite what ARN says, I am not in breach of that contract. I want to be on air. I want to be with my audience. I want to do the job I have done my entire adult life,” he said last week.
The pair signed a $200 million contract with ARN in 2023, which was supposed to last until 2034.
With Henderson’s exit and Sandilands’ suspension, it remains to be seen what will happen with the mega contract.
ARN has been contacted for comment.
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