The Kyle & Jackie O Show has once again breached decency rules by broadcasting explicit sexual content on their KISS breakfast show, but ARN Media has pushed back saying the material is suitable for its “broad-minded adult demographic”.
The Australian Communications and Media Authority (Acma) found two segments, on Melbourne’s KISS 1011 and Sydney’s KISS 1065 in June 2024, included “sustained and vulgar graphic sexualised descriptions” which were a breach of broadcasting standards.
The segments were aired despite the broadcaster employing two censors as a result of earlier enforcement action by the regulator.
The top-rating breakfast show, which claims an audience of more than 1.5 million, was ordered to employ a second censor in 2023, and provide sensitivity training to Sandilands, after the shock jock described watching the Tokyo Paralympics as “horrific”.
That same year, Sandilands and his co-host, Jackie Henderson, signed a 10-year deal with KIIS FM’s owner, ARN Media, worth an estimated $200m.
Acma investigated the recent segments after a Melbourne listener to KIIS 1011 complained.
“I was sitting in my car at 6am at the time this breakfast show started,” the listener said in their complaint. “In the first ten minutes they mentioned (and these were the exact words) ‘sucking cock’ ‘licking vagina’ and ‘eating each other out’.”
In its defence, the licensee, ARN, told Acma its audience would not be offended, echoing earlier comments to Guardian Australia that “listening to Kylie & Jackie O is a choice millions of Australians make”.
“The core audience of the Program is a broad-minded adult demographic,” the licensee told Acma.
“The style and format of the program is intended to include robust, uninhibited, real life comedic discussions, and this does include sexual references and descriptions of sexual activities.”
The Acma chair, Nerida O’Loughlin, disagreed and found the segments would be considered offensive to any reasonable person listening to the broadcast and were not in line with broader community standards.
“This content went beyond the bounds of decency expected by the community and was done so deliberately and provocatively,” O’Loughlin said.
“Even having two program censors employed by the broadcaster in place following previous Acma enforcement action, this has not stopped occurrences of unsuitable content going to air,” O’Loughlin said.
The Melbourne station, KISS 1011, has also been found to have breached the code for not responding to a listener complaint within 30 days.
The co-regulatory broadcasting system relies on broadcasters responding to complaints from listeners, who can follow up with Acma if they are not satisfied.
“Failing to respond to complaints in the required timeframe undermines the effectiveness of the co-regulatory system,” O’Loughlin said.
Under the legislation, the Acma does not have the power to issue civil penalties or fines for breaches of the commercial broadcaster codes.
However the watchdog will consider enforcement action, such as additional licence conditions, after two further investigations into the program are completed.
The regulator launched three investigations into the program between 2019 and 2023, which all resulted in the finding of a breach. Just one resulted in an enforceable action.
In 2022 Sandilands apologised for “using filthy language and some derogatory archaic terms” but added: “I’m never going to change. I’m still not changing [for] the woke world.”
An ARN spokesperson said the show’s loyal audience have an “awareness and expectation of the content” they will hear.
“We understand that the Kyle and Jackie O show is not for everyone. But ultimately, it is their candid and light-hearted style that has proved popular for decades,” they said in a statement.
The spokesperson said the company “respects” the role of Acma and it would continue to engage with the watchdog on the process, “including any enforceable undertakings that follow its findings”.
