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Kyle Sandilands breaches ACMA code -but watchdog reprimands radio station

Kyle Sandilands' radio comments are ruled as 'deeply derogatory and offensive' but ACMA remains limited in how it can respond.

Media watchdog the Australian Communications and Media Authority has found that Kyle Sandilands breached the radio code of practice when he verbally attacked a journalist -but will impose a second licence condition on broadcaster 2DAYFM and not Sandilands himself.

ACMA says it is unable to fine the radio station and no authority to order Sandilands to be sacked.

Instead it has begun formal steps to impose a second licence condition on the broadcaster which would prohibit the station from broadcasting indecent content and content that demeans women or girls.

The investigation followed Sandilands’ on-air outburst last year in which he slammed a review of Seven’s Kyle and Jackie O’s Night with the Stars by News Limited journo Alison Stephenson.

He called her a “fat slag” and a “piece of shit”.

“This low thing, Alison Stephenson, deputy editor of news.com.au online. You’re supposed to be impartial, you little troll.

“You’re a bullshit artist, girl. You should be fired from your job. Your hair’s very ’90s. And your blouse. You haven’t got that much titty to be having that low-cut a blouse. Watch your mouth or I’ll hunt you down.”

The rant led to an online petition and the withdrawal of some $10m in advertising from Holden, the Good Guys, Vodafone, Blackmores, Harvey Norman, Crazy John’s, Fantastic Furniture and Telstra. Both Sandilands and Southern Cross Austereo also issued an apology.

Seven has since said the show will not be returning.

But Sandilands, who is currently appearing in promos for Australia’s Got Talent, told The Weekend Australian: “There are four or five people on Facebook trying to make it look like millions of people hate me.

“But they aren’t people who listen to the show. They are feminists in Victoria or whatever.”

Today ACMA ruled the editorial as deeply derogatory and offensive. However it found it did not breach the code prohibition on inciting serious contempt or severe ridicule on the grounds of gender, because it was unlikely to incite hatred amongst others.

Sandilands and 2DAY FM previously breached ACMA’s radio code in 2009 during a live stunt involving a 14-year-old girl strapped to a lie detector.. The station now faces a second licence condition as a result of its talent.

The recent Independent Media Inquiry called for a new ‘super-regulator’ to be formed citing delays in decision-making and limitations to what ACMA can require of a broadcaster in breach.

In its statement today, ACMA said “It should be noted that the ACMA has no powers, at this stage of the enforcement regime, to ‘fine’ 2DAY-FM or take any action directly against any talent employed by the licensee.”

Source: The Age, Daily Telegraph, The Australian.

11 Responses

  1. Oh so there are only four or five of us that hates him and I am a feminist from Victoria, wonder what my wife will think of that?!

    So I may be in the minority but I refuse to watch any program that has his face or voice attached to it…so no AGT for me yet again!

  2. Radio ratings released today show again that Kyle and Jackie O are still the most listened to morning show on FM radio.

    Till that changes.. nothing else will.

  3. @Jake. Exactly. He should have been offed ages ago. I suppose the network is doing a balancing act of how much he brings to the table vs trouble he causes. If this the best the ACMA can do after that last transgression ? Then I would say Kyle will be around for some time 🙁

  4. What is the point of having a watchdog like ACMA if they offer such a tepid and toothless response to to gross and offensive behaviour from such a high profile person?

    Sandilands must be delighted with this. He’ll never learn or change because there are never any consequences for his actions.

  5. D@GP, so true, shock jocks get away with murder in this country. Kyle has been suspended twice, first for the rape comment and then the Magda Szubanski concentration camp comment. He lost his job on Idol, but that was no hardship, as he picked up the gig on AGT. He was never suspended for the attack on Stephenson. How is it that public decency can be outraged several times by this bloke, yet the ACMA slaps he and 2DayFM over the wrist with a limp piece of lettuce. The suspensions did not harm him, he just racked off to LA and had fun. I find his run of luck in the media astonishing, I do not understand the hold he has over his bosses at 2Day and Seven.

  6. ACMA: “You breached our code! Shame on you! Don’t do it again or we will, we will, ahh… Ummm… We’ll tell everyone that you breached our code! That will show you!”
    Why have a watchdog if they have absolutely no power? They are the most useless body known to man!

  7. @ The Moops – they get away with as much as they like in 21st Century radio land.

    Just a shame it’s not entertaining to anyone with half a brain.

  8. Fair dinkum, how many lives does this bloke have? He must have the most charitable guardian angel ever. I am convinced he is coated with Teflon, nothing ever sticks to Kyle, nothing. He has the most charmed life, it is completely extraordinary. His out of control mouth should have destroyed his career years ago and by rights he should be making a living flipping burgers, but he survives everything and continues to rake in the millions, I can’t get over it.

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