The ACMA

2016 radio investigations

The table below contains details of the ACMA's 2016 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

10 November 2016

Community radio

BI-233 

2COW / Casinos Own Wireless Association Inc

Overnight music programming

Offensive language in programming and complaints handling

Breach of code 7.3(c) [complaints will be responded to in writing within 60 days of receipt], no breach of code 7.3(b) [complaints will be conscientiously considered, investigated if necessary, and responded to substantively as soon as possible] and no finding on code 3.2 [prevailing community standards] of the Community Radio Broadcasting Codes of Practice 2008

31 October 2016

Commercial radio

BI-224

Chemist Warehouse Remix / Commonwealth Broadcasting Corporation Pty Ltd

Advertisement for prescription medications

Advertisement relating to therapeutic goods – allegation that prescription medications were marketed directly to consumers

No breach of subclause 6(2) [advertisements relating to therapeutic goods] or paragraph 8(1)(i) [comply with clause 6] of Schedule 2 to the Broadcasting Services Act 1992

28 October 2016 

Commercial radio

BI-259 

4CA / Cairns Broadcasters Pty Ltd

Mornings with John Mackenzie

Proscribed matter and program content and language - offensive references to US President Barack Obama by a guest

No breach of codes 1.1(e) [proscribed matter] or 1.3(a) [generally accepted standards of decency] of the Commercial Radio Australia Codes of Practice 2013

30 September 2016

Community radio

BI-212

2CVC / Clarence Valley Christian Broadcasters Inc

Licence condition matter

Provide a service for community purposes

Breach of paragraph 9(2)(d) [provide a service for community purposes] of Schedule 2 to the Broadcasting Services Act 1992

29 August 2016

Commercial radio

BI-214 

Triple M / Triple M Brisbane Pty Ltd

Comedy election content 

Election advertising –broadcast during the election blackout period and did not announce required particulars

No breach of subclauses 3A(2) [broadcast of election advertisements] or 4(2) [identification of certain political matter], or paragraph 8(1)(i) [comply with clauses 3A and 4] of Schedule 2 to the Broadcasting Services Act 1992

26 August 2016

National radio

BI-207 

ABC RN / Australian Broadcasting Corporation

RN Breakfast and ABC News 

Due impartiality – in the broadcast of comments about the budget in reply speech 

No breach of standard 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised 2016)

26 August 2016

Community radio 

BI-200 

2UUU / Shoalhaven Community Radio Inc

Licence condition matter

Sponsorship time limit 

Breach of paragraph 9(3)(b) [sponsorship time limit] of Schedule 2 to the Broadcasting Services Act 1992

25 August 2016

Temporary community radio 

BI-215 

6TJR / Toodyay Community Radio Inc

Licence condition matter  

Provide a service for community purposes 

Breach of paragraph 9(2)(d) [provide a service for community purposes] of Schedule 2 to the Broadcasting Services Act 1992 

23 August 2016

Low power open narrowcast radio (networked LPON) 

BI-205 

Vision Christian Radio/ United Christian Broadcasters Australia Ltd

 66/40

General guidelines for programming and handling complaints - incitement of hatred against or vilification of Catholic Church on the basis of religion 

Breach of clauses 2.4 [respond to complaint within 30 days] and 2.5 [advise right to refer matter to the ACMA] and no breach of clause 1.3 [religious vilification], of the Open Narrowcast Radio Codes of Practice 2011 

16 August 2016 

Commercial radio 

BI-202 

C91.3 FM / Campbelltown Radio Pty Ltd

Federal election advertisements featuring the Federal Member for Macarthur 

Election advertising –did not announce required particulars 

Breach of subclause 4(2) [identification of certain political matter] and paragraph 8(1)(i) [comply with clause 4] of Schedule 2 to the Broadcasting Services Act 1992 

4 August 2016 

Commercial radio 

BI-195 

KIIS 101.1 / Double T Radio Pty Ltd

The Thinkergirls 

Program content and language – in a segment about sexual aids, that was inappropriate for the time of broadcast

No breach of codes 1.3(a) [generally accepted standards of decency] or 1.5 [feature program which has an explicit sexual theme] of the Commercial Radio Australia Codes of Practice 2013

29 July 2016

Commercial radio 

BI-204 

Nova 93.7 / Nova Entertainment (Perth) Pty Ltd

Kate, Tim and Marty 

Proscribed matter - comments made about women who eat their own hair were offensive and ridiculed people on the basis of race, nationality and disability

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

14 July 2016

Commercial radio

BI-194

7HOFM / Commercial Broadcasters Pty Ltd

Breakfast with Mick and Anna 

Proscribed matter - an interview contained material that was unsuitable for broadcast

No breach of code 1.1(a), (b) and (e) [proscribed matter] of the Commercial Radio Australia Codes of Practice 2013

8 July 2016

National radio

BI-190 

ABC NewsRadio / Australian Broadcasting Corporation

ABC NewsRadio Mornings 

Due impartiality - bias in the broadcast of comments by an MP, and in introducing a guest as an independent commentator

No breach of standard 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised 2016) 

30 June 2016 

National radio

BI-192

ABC Radio / Australian Broadcasting Corporation

Afternoons with James Valentine

Harm and offence - discriminatory and insulting comments in discussion of the Catholic Church’s response to the Royal Commission into Institutional Responses to Child Sexual Abuse

No breach of standard 7.7 [condone or encourage prejudice] of the ABC Code of Practice 2011 (revised 2014)

30 June 2016 

Commercial radio 

BI-199 

Triple M / Triple M Brisbane Pty Ltd

Victoria Bitter advertisement 

Standard conditions of commercial radio broadcasting licences – broadcast of a tobacco advertisement 

No breach of clause 8(1)(a) [tobacco advertising] of Schedule 2 to the Broadcasting Services Act 1992 

27 June 2016 

Commercial radio 

 BI-181

Hit 92.9 / Consolidated Broadcasting System (WA) Pty Ltd

Hamish & Andy 

Proscribed matter –presenting as desirable the misuse of alcoholic liquor in a competition involving alcohol 

No breach of code 1.1(c)(i) [proscribed matter, misuse of alcohol] of the Commercial Radio Australia Codes of Practice 2013

24 June 2016 

Commercial radio 

BI-189

Triple M / Triple M Melbourne Pty Ltd

Hot Breakfast

Proscribed matter - comments in a segment discussing the Royal Commission into Institutional Responses to Child Sexual Abuse incited hatred or serious contempt for the Catholic Church

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

9 June 2016

National radio

BI-182 

ABC Northern Tasmania / Australian Broadcasting Corporation

Mornings with Leon Compton 

Corrections and clarifications –comments made about a member of parliament were factually incorrect and had not been corrected

No breach of standard 3.1 [correct or clarify errors] of the ABC Code of Practice 2011 (revised 2016) 

27 May 2016

Commercial radio 

BI-183

KIIS 1065 / Commonwealth Broadcasting Corporation Pty Ltd

Kyle & Jackie O Show 

Proscribed matter - incitement of severe ridicule of a group of people, based on ethnicity, in an on-air prank

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

23 May 2016

Narrowcasting service

BI-178 

Old Gold Radio Mildura / Ashley Scott Thorburn

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 

13 May 2016

National radio

BI-191 

Triple J / Australian Broadcasting Corporation

Veronica & Lewis

Harm and offence - offensive lyrics in the Tim Minchin song `Come Home (Cardinal Pell)'

No breach of standard 7.1 [harm and offence] of the ABC Code of Practice 2011 (revised 2014) 

2 May 2016

National radio

BI-170 

Radio National / Australian Broadcasting Corporation

The World Today

Accuracy and due impartiality - in a news report about ‘payday’ loans

No breach of standard 2.1 [accuracy], 2.2 [materially mislead] or 4.1 [due impartiality] of the ABC Code of Practice 2011 (revised 2014)

28 April 2016

Community radio 

BI-176 

2MCE / Charles Sturt University

Saturday Night Jukebox 

Offensive language in program content and complaints handling

Breach of code 7.3(c) [complaints will be responded to in writing within 60 days of receipt] and no breach of code 3.2 [consider prevailing community standards] of the Community Radio Broadcasting Codes of Practice 2008

13 April 2016

Community radio

 BI-90

1WAY / Canberra Christian Radio Ltd

Licence condition matter

Broadcasting advertisements

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

29 March 2016

Community Radio

BI-158 

2UUU / Shoalhaven Community Radio Inc

Licence condition matter

Sponsorship time limit

Breach of paragraph 9(3)(b) [sponsorship time limit] of Schedule 2 to the Broadcasting Services Act 1992

29 February 2016

Community radio 

 BI-92

3WBC / Whitehorse Boroondara FM Community Radio Inc

3WBC Football 

Broadcasting advertisements 

Breach of paragraph 9(1)(b) [broadcast of advertisements] and no breach of paragraph 9(1)(b) [broadcast of advertisements] of Schedule 2 to the Broadcasting Services Act 1992

26 February 2016

Commercial radio

BI-162 

4CA / Cairns Broadcasters Pty Ltd

The John MacKenzie Morning Show 

Accuracy and failure to distinguish advertising material from other program material - in a story about an upcoming conference in Cairns

No breach of codes 2.2(a) [factual material is reasonably supportable as being accurate] and 3.1 [advertisements presented in a manner distinguishable from other program material] of the Commercial Radio Australia Codes of Practice 2013
No breach of section 8 of the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2012
No breach of the licence condition at clause 8(1)(b) of Schedule 2 to the Broadcasting Services Act 1992

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