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Nine Radio breaches commercial disclosure rules

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Radio 2GB Sydney Pty Ltd and Radio 3AW Melbourne Pty Ltd have breached broadcasting rules by failing to disclose commercial agreements between their presenters and companies featured in their current affairs programs.

An investigation by the Australian Communications and Media Authority (ACMA) into 2GB’s Ben Fordham Live program looked into comments made in a broadcast on 3 August 2023 that were favourable to ride-share company Uber. The investigation found a commercial agreement in place between Uber and the program host at the time of the broadcast was not disclosed on-air.

A separate ACMA investigation into 3AW Afternoons broadcasts that also aired in August 2023 found that comments favourable to automotive manufacturer BMW were made by the program host without disclosing that there was a commercial agreement in place between BMW and the host.

Both 2GB and 3AW also failed to publish details on their websites of commercial agreements made by their current affairs presenters, as is required by the commercial disclosure rules.

Authority Member Creina Chapman said adequately disclosing commercial agreements is crucial for transparency in current affairs programs.

“These kind of commercial disclosure breaches have the potential to erode the public’s trust in current affairs programming,” Ms Chapman said.

“Listeners deserve to know what commercial agreements are in place and how those deals might relate to what they are hearing on-air.”

Following the investigations and breach findings, the ACMA has issued 2GB and 3AW with remedial directions requiring relevant current affairs presenters, producers and sales staff to undertake formal training on the commercial disclosure requirements.

2GB is also required to commission an external audit of the processes it has in place to comply with the rules. This additional measure has been put in place because 2GB previously breached disclosure rules in 2021.

The ACMA may seek civil penalties if a licensee does not comply with a remedial direction.

MR 22/2024

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