2014 radio investigations | ACMA

2014 radio investigations

The table below contains details of the ACMA's 2014 radio investigations and investigation reports. Details of radio investigations in other years are available on this page. Details of ACMA television investigations are available on this page.

Date finalised

Service type

Investigation number / Report

Station / licensee

Program or issue

Description

Outcome

19 December 2014

Low Open Power Narrowcasting (LPON) radio 

3237

Vintage FM / W & A Willmington Pty Ltd

General programming

Categories of broadcasting services - the station is not operating as a narrowcasting service as it is providing programs of broad appeal

The licensee is providing an open narrowcasting service within the meaning of section 18 of the Broadcasting Services Act 1992

21 November 2014

Commercial radio 

3257 

Nova 100 / Nova 100 Pty Ltd

Kate, Tim and Marty 

Proscribed matter - incitement of violence, severe ridicule because of gender, and offending standards of decency - in a segment with a toilet humour theme

No breach of clauses 1.1(a), 1.1(e) [proscribed matter] or 1.3(a) [decency] of the Commercial Radio Australia Codes of Practice 2013 

21 November 2014

Commercial radio 

3263 

Nova 96.9 / Nova 96.9 Pty Ltd

Kate, Tim and Marty 

Proscribed matter - incitement of hatred, contempt or ridicule because of ethnicity, nationality or race in a segment about ‘ridiculous names’

No breach of clause 1.1(e) [proscribed matter] of the Commercial Radio Australia Codes of Practice 2013 

29 October 2014

National radio

3272

ABC NewsRadio / Australian Broadcasting Corporation

 Law Report

Harm and offence - warnings or advice in a segment about asylum seekers that included coarse language

No breach of standards 7.1 or 7.2 [accuracy] of the ABC Code of Practice 2011 (revised 2014)

28 October 2014

National radio

3241 

612 ABC Brisbane / Australian Broadcasting Corporation

Mornings with Steve Austin

Impartiality and diversity or perspectives - in a segment containing an interview about the disposal of dredge material 

No breach of standards 4.1 or 4.2 [due impartiality] of the ABC Code of Practice 2011 (revised 2014)

10 October 2014

Commercial radio

3242 

92.5 Gold FM / Gold Coast FM Pty Ltd

Jason and Nelly

Proscribed matter - incitement of hatred, contempt or ridicule against the transgender and transsexual community in a segment about Gold Coast ‘characters’

No breach of clause 1.1(e) [proscribed matter] of the Commercial Radio Australia Codes of Practice 2013 

3 October 2014

Community radio

3213 

107.3 HFM / Heritage FM Inc.

Licence condition matter 

Conditions applicable to services provided under community broadcasting licences - broadcasting advertisements 

Breach of paragraph 9(1)(b) [broadcasting advertisements] of Schedule 2 to the Broadcasting Services Act 1992 

24 September 2014  Commercial radio  3151  2GB / Harbour Radio Pty Ltd  The Alan Jones Breakfast Show  Complaints handling and accuracy – in a discussion about the IPCC report on climate change  Breach 2.2(a) [accuracy] and no breach 5.5 and 5.6 [complaints handling] of Commercial Radio Australia Codes of Practice 2013 

16 September 2014

Commercial radio 

3243 

Triple M / Triple M Sydney Pty Ltd

The One %ers with Matt Tilley & Joe Hildebrand 

Proscribed matter - incitement of hatred, contempt or ridicule of people on the basis race

No breach of clause 1.1(e) [proscribed matter] of the Commercial Radio Australia Codes of Practice 2013  

15 August 2014

Community radio

3235

Triple H 96.5 FM / Horsham & District Community FM Radio Inc

Heard it through the grapevine

Conditions applicable to services provided under community broadcasting licences - broadcasting advertisements 

Breach of paragraph 9(1)(b) [broadcasting advertisements] of Schedule 2 to the Broadcasting Services Act 1992 

10 July 2014

Commercial radio

3222

 

2GB / Harbour Radio Pty Ltd

The Ray Hadley Show

Privacy – in a segment about a public school not having Easter hat parades

No breach of clause 2.3(d) [privacy] of the Commercial Radio Australia Codes of Practice 2013

9 July 2014

High Power Open Narrowcast (HPON) radio

3220

 

Rete Italia / Gumnut Nominees Pty Ltd

 N/A

Complaints handling

No breach of codes 2.4 or 2.5 [complaints handling] of the Open Narrowcasting Codes of Practice 2011

7 July 2014

National radio

3155

SBS Radio 2 / Special Broadcasting Service

Sinhalese
Language
Program

Accuracy and impartiality - in a report concerning the Sri Lankan elections

No breach of codes 2.2 [impartiality] or 2.3 [non-SBS sources for news and current affairs programming] of the SBS Code of Practice 2006

2 July 2014

Commercial radio

3169 

3AW693 News Talk / Radio 3AW Melbourne Pty Ltd

Drive

Proscribed matter, favourable depiction of suicide - in a discussion about voluntary euthanasia

No breach of clause 1.1(d) [Porscribed matter, depict suicide favourably] of the Commercial Radio Australia Codes of Practice 2013

27 June 2014

Commercial radio

3211

2SM / Radio 2SM Pty Ltd

John Laws

Privacy and complaints handling - through the deliberate broadcast of a complainant’s name and telephone number

Breach of clause 2.3 [privacy] and no breach of clause 5.5 [complaints handling] of the Commercial Radio Australia Codes of Practice 2013 

20 June 2014

National radio

3204

720 ABC Perth / Australian Broadcasting Corporation

Conversations with Richard Fidler

Accuracy and harm and offence - in an interview segment about growing up in a Christian community

No breach of standards 2.1 [accuracy] or 7. 7 [unjustified use of stereotypes] of the ABC Code of Practice 2011 (revised 2013)

18 June 2014

Commercial radio 

3171

2GB / Harbour Radio Pty Ltd

Alan Jones Breakfast Show 

Factual accuracy – in a segment discussing Australian intelligence agencies monitoring conversations of high-ranking officials in Indonesia

No breach of clauses 2.2(a) [factual accuracy] or 2.3(a) [distinguish factual material] of the Commercial Radio Australia Codes of Practice 2013

6 June 2014

National radio

3157

Radio National / Australian Broadcasting Corporation

Sound. Music. Word.

Harm and offence – in a segment featuring the poetry and memoirs of performance poet

No breach of standards 7.1 [harm and offence] or 7.2 [warnings or advice] of the ABC Code of Practice 2011 (revised 2013)

4 June 2014

National radio  

3203

Radio National / Australian Broadcasting Corporation

RN Breakfast

Due impartiality and diversity of perspectives - in report on parliamentary debate about Operation Sovereign Borders

No breach of standard 4.1 [due impartiality] or of standard 4.2 [present diversity of perspectives] of the ABC Code of Practice 2011 (revised 2013)

2 June 2014

National radio

3167

666 ABC Canberra / Australian Broadcasting Corporation

Mornings with Genevieve Jacobs

Harm and offence – in a segment discussing the etymology and use of certain words relating to the female anatomy and sexual violence

No breach of standards 7.1 [harm and offence] or 7.2 [warnings or advice] of the ABC Codes of Practice 2011 (revised 2013)

22 May 2014

Commercial radio 

3065

2GB / Harbour Radio Pty Ltd

Alan Jones Breakfast Show

Accuracy – in a talkback segment discussing the National Broadband Network (the NBN)

Breach of clause 2.2(a) [accuracy] of the Commercial Radio Australia Codes of Practice 2011

16 May 2014

National radio

3162

Radio National / Australian Broadcasting Corporation

PM Queensland Country Hour

Accuracy, due impartiality and diversity of perspectives - in a report on kangaroo population increases

No breach of standards 2.1, 2.2 [accuracy], 4.1 [due impartiality] or 4.2 [diversity of perspectives] of the ABC Code of Practice 2011 (revised 2013)

5 May 2014

Commercial radio

3186

WSFM 101.7 / ARN Communications Pty Ltd

Jonesy and Amanda Afternoon Delight program promotion

Decency - in a program promotion for a comedic segment about ‘work for the dole’

No breach of clause 1.3 [standards of decency] of Commercial Radio Australia Codes of Practice 2013

11 April 2014

Community radio

3163

Capital 101.7FM  / Capital Community Radio Incorporated

Licence condition matters

Conditions applicable to services provided under community broadcasting licences  - Encouraging community participation, representing community interest, and policies for membership; internal conflict; complaints handling; community participation; and volunteering, policies to be freely available, and complaints handling

Breach of paragraph 9(2)(c)(i) [encouraging participation in operations] and no breach of paragraph 9(2)(b) [representing community interest] and paragraph 9(2)(c)(ii) [encouraging participation in selection and provision of programs] of Schedule 2 to the Broadcasting Services Act 1992
Breach of codes 1.4, 1.5, 1.6, 2.1, 2.3, 2.4 and 7.3(b) of the Community Radio Broadcasting Codes of Practice 2008

11 April 2014

Community radio

3166

96.3 FM Bundaberg / Bundaberg Burnett Community Broadcasting Association

Licence condition matters

Conditions applicable to services provided under community broadcasting licences - not encouraging community participation in the operations of the service.

Breach of paragraph 9(2)(c)(i) [encouraging participation in operations] of Schedule 2 to the Broadcasting Services Act 1992

7 April 2014

National radio

3156

Radio National / Australian Broadcasting Corporation

Saturday Extra

Due impartiality and diversity of perspectives - in a discussion of the US Affordable Care Act, also known as ‘Obamacare’

No breach of standards 4.1 [due impartiality] or 4.2 [diversity of perspectives] of the ABC Code of Practice 2011 (revised 2013)

14 March 2014

Commercial radio

3164

2SM / Radio 2SM Pty Ltd

John Laws – Fortress of Irreverent Logic

Accuracy and privacy - in a talkback segment on computer service

No breach of codes 2.2(a) [accuracy], 2.3(c) [misrepresent viewpoints] or 2.3(d) [privacy] of the Commercial Radio Codes of Practice 2013

12 March 2014

Community radio

3079

Hawkesbury Radio / Hawkesbury Radio Communications Co-operative Society Ltd

Licence condition matters

Conditions applicable to services provided under community broadcasting licences - encouraging participation in the operations of the licensee and in the selection and provision of programs 

Breach of paragraph 9(2)(c)(i) [encouraging participation in operations] and no breach of paragraphs 9(2)(b) [representing community interest] or paragraph 9(2)(c)(ii) [encouraging participation in selection and provision of programs] of Schedule 2 to the Broadcasting Services Act 1992

21 February 2014

Commercial radio

3063

2GB / Harbour Radio Pty Ltd

Ray Hadley Morning Show

Accuracy and complaints handling – in a discussion about asylum seekers

Breach of clause 5.5 [complaints handling] and no breach of clause 2.2(a) [accuracy] of the Commercial Radio Australia Codes of Practice 2011

21 February 2014

Commercial radio

3062

2GB / Harbour Radio Pty Ltd

Chris Smith Afternoon Show

Accuracy and complaints handling – in a discussion about asylum seekers

Breach of clause 5.5 [complaints handling] and no breach of clause 2.2(a) [accuracy] of the Commercial Radio Australia Codes of Practice 2011

21 February 2014

Commercial radio

3054

2GB / Harbour Radio Pty Ltd

Ray Hadley Morning Show

Accuracy and complaints handling – in a discussion about asylum seekers

Breach of clause 5.5 [complaints handling] and no breach of clause 2.2(a) [accuracy] of the Commercial Radio Australia Codes of Practice 2011

20 February 2014

National radio

3142

ABC Radio (Far North QLD) / Australian Broadcasting Corporation

Drive with Richard Dinnen

Accuracy and fair and honest dealing – in a discussion about the amalgamation of councils

No breach of standards 2.1 [factual accuracy] or 5.3 [fair opportunity to respond] of ABC Code of Practice 2011 (revised 2013)

14 February 2014

Commercial radio 

2928

2DAY / Today FM (Sydney) Pty Ltd

Summer 30 

Decency, broadcast of identifiable person without consent and treatment of participants in live hosted programs – in a segment involving a prank call to the hospital where the Duchess of Cambridge was being treated for severe morning sickness

Breach of clauses 6.1 and 9.1 and no breach of clauses 1.3, 2.1(d) and 2.3(d) of the Commercial Radio Australia Codes of Practice 2011
Breach of the licence condition set out in paragraph 8(1)(g) of Schedule 2 to the Broadcasting Services Act 1992
No breach of the additional licence condition on commercial radio broadcasting licence no. 3032 imposed by the Administrative Appeals Tribunal on 8 October 2012

6 February 2014

National radio

3123

Radio National / Australian Broadcasting Corporation

PM with Mark Colvin

Accuracy – in a segment about a measles outbreak, that included excerpts of an interview with a spokeswoman for the Australian Vaccination Network, an anti-vaccination group

No breach of standards 2.1, 2.2 [accuracy] of the ABC Code of Practice 2011 (revised 2013)

6 February 2014

Commercial radio

3109

6PR Perth / Radio 6PR Perth Pty Ltd

Mornings and Drive

Proscribed matter  and misrepresented viewpoints - in an interview segment discussing voluntary euthanasia

No breach of clauses 1.1(d), 1.2(a) [proscribed matter] or 2.3(c) [misrepresented viewpoints] of the Commercial Radio Australia Codes of Practice 2013

4 February 2014

Low power open narrowcasting (LPON) radio

3140

Vintage FM / W&A Willmington Pty Ltd

Drivetime with Wilmo

Categories of broadcasting services - the station is not operating as a narrowcasting service as it is providing programs of broad appeal

No breach of section 133 of the Broadcasting Services Act 1992

23 January 2014

Community radio

3130

3REG East Gippsland / Radio East Gippsland Incorporated

4pm news bulletin

Community standards, demean on the basis of gender and complaints handling - in a broadcast where the host made a joke about hitting his wife

Breach of code 7.3 (b) and (c) [complaints] handling and no breach of code 3.2 or 3.3 [general programming] of the Community Radio Broadcasting Codes of Practice 2008

16 January 2014

Community radio

3127

2REM Albury / Radio Albury Wodonga Cooperative Society Ltd

Easy Listening

Offensive language and complaints handling – in a segment that included a song with crude and offensive lyrics

Breach of code 3.2 [programming practices] and 7.3 (b) and (c) [complaints handling] of the Community Radio Broadcasting Codes of Practice 2008

10 January 2014

Commercial radio

3132

3NNN - Edge FM / North East Broadcasters Pty Ltd

Trigger event reporting

Failure to submit a draft local content plan and statement (that included a local presence report), following a trigger event

Breach of paragraph 8(2)(c) of Schedule 2 to the Broadcasting Services Act 1992
Breach of licence condition at section 8 of the Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012

10 January 2014

Commercial radio

3133

3NE - Solid Gold Hits / North East Broadcasters Pty Ltd

Trigger event reporting

 

Failure to submit a draft local content planand statement (that included a local presence report), following a trigger event

Breach of paragraph 8(2)(c) of Schedule 2 to the Broadcasting Services Act 1992
Breach of licence condition at section 8 of theBroadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012

10 January 2014

Commercial radio

3134

2QN - Hits and Memories / Rich Rivers Radio Pty Ltd

Trigger event reporting

Failure to submit a draft local content plan and statement(that included a local presence report), following a trigger event

Breach of paragraph 8(2)(c) of Schedule 2 to the Broadcasting Services Act 1992
Breach of licence condition at section 8 of the Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012

10 January 2014

Commercial radio

3135

2MOR Deniliquin - Classic Rock / Rich Rivers Radio Pty Ltd

Trigger event reporting

Failure to submit a draft local content plan and statement (that included a local presence report), following a trigger event

Breach of paragraph 8(2)(c) of Schedule 2 to the Broadcasting Services Act 1992
Breach of licence condition at section 8 of the Broadcasting Services (Regional Commercial Radio – Local Presence) Licence Condition 2012

8 January 2014

Community radio

3080

2RRR Ryde / Ryde Regional Radio Cooperative Ltd

Outdoor broadcast

Broadcasting advertisements and excessive sponsorship announcements.

Breach of paragraph 9(1)(b) [broadcasting advertisements]and no breach of paragraph 9(3)(b) [sponsorship time limit] of Schedule 2 to the Broadcasting Services Act 1992

7 January 2014

Medium frequency narrowband area radio

3144

2ME / Asia Pacific Property Development Pty Ltd

Advertisement for Laytani Arguileh Lounge

Conditions applicable to broadcasting services provided under class licences - tobacco advertising

No breach of paragraph 11(1)(a) of Schedule 2 to the Broadcasting Services Act 1992 or subsection 13(1) of the Tobacco Advertising Prohibition Act 1992

6 January 2014

National radio

3111

774 ABC Melbourne / Australian Broadcasting Corporation

Mornings with Jon Faine

Accuracy and due impartiality - bias in an interview segment with a politician

No breach of standards 2.1 [factual accuracy] or 4.1 [due impartiality] of the ABC Code of Practice 2011

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