Australia’s media watchdog has found the Australian Radio Network-owned (ARN) The Kyle & Jackie O show in breach of broadcasting decency standards, ruling that content aired in a June 2024 episode crossed the line with “vulgar graphic sexualised descriptions.”
The Australian Communications and Media Authority (ACMA) concluded the broadcast failed to meet community expectations and breached multiple provisions of the Commercial Radio Code of Practice.
The findings apply to licensees Commonwealth Broadcasting Corporation (KIIS 1065 Sydney) and Double T Radio (KIIS 1011 Melbourne), which syndicate the popular, and often polarising, breakfast show.
According to ACMA chair Nerida O’Loughlin, “This content went beyond the bounds of decency expected by the community and was done so deliberately and provocatively.”
While the show has long pushed boundaries, the ACMA noted this segment’s content would likely offend “any reasonable person,” despite KIIS already employing two program censors, a requirement following earlier enforcement action.
Double T Radio was also found to have breached the Code for failing to respond to a listener complaint within the required 30-day timeframe.
ARN has released a written statement saying the broadcaster has “reviewed the decision and respects the role of the Australian Communications and Media Authority (ACMA). We will continue to engage with the ACMA on the process, including any enforceable undertaking that follows its findings”.
It added: “The Kyle and Jackie O show takes on audience feedback and constantly evolves, and this process will further inform that.
“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 and their loyal audience, more than 1.6 million people, have an awareness and expectation of the content they will consume.
“We remain committed to serving that audience, while refining content and improving processes to address concerns from those who take issue with aspects of themes that are discussed”.
Kyle and Jackie O are two of Australia’s best-known presenters.
History of issues
In 2023, the program was directed to bring on a second content censor and provide sensitivity training to Kyle Sandilands, following public backlash over comments he made about the Tokyo Paralympics, according to The Guardian.
Despite the controversy, that same year Sandilands and co-host Jackie Henderson inked a landmark 10-year deal with ARN Media, reportedly valued at $200 million.
The most recent ACMA investigation stemmed from a Melbourne listener’s complaint about a June 2024 episode of the show broadcast on KIIS 1011. “I was sitting in my car at 6am when the show began,” the listener wrote. “Within the first 10 minutes, there were repeated graphic sexual references”.
More scrutiny to come as ACMA launches fresh investigations
The June ruling may just be the beginning. On 7 February 2025, ACMA opened two further investigations into The Kyle and Jackie O Show, prompted by concerns around a broader range of content and potential systemic breaches of the decency and complaint-handling rules.
“Complaints are an essential part of Australia’s co-regulatory broadcasting system,” said O’Loughlin. “Failing to respond to complaints in the required timeframe undermines the effectiveness of the co-regulatory system.”
The ACMA will wait until the new investigations are completed before determining enforcement action relating to the June broadcast.
Hamish McLennan.
ARN’s internal struggle
The decision by ACMA comes weeks after Australian Radio Network (ARN) chair Hamish McLennan reaffirmed the company’s support for Kyle Sandilands and Jackie O Henderson.
“We back them. They’re phenomenal talents and the best in the business,” McLennan told ABC Radio National’s MediaLand. “They rate through the roof, and advertisers love them.”
Still, he conceded, that at least in his view, the pair’s content had crossed the decency line: “I think in some regard, the guys pushed the envelope too hard. Some of that stuff I wince at too, and we’ve had those conversations with Kyle, and we’re fully aware of our obligations with the ACMA (Australian Communications and Media Authority) and we take that very, very seriously.”