ACMA reveals how Nine’s Ben Fordham and 3AW breached broadcasting rules

Nine Radio's Ben Fordham Live and 3AW Afternoons found breach broadcasting rules by ACMA

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

The Australian Communications and Media Authority (ACMA) has found radio stations 2GB Sydney and 3AW Melbourne in breach of broadcasting rules with regard to the Ben Fordham Live and 3AW Afternoons programs.

The industry watchdog has stated the Nine Radio stations failed to disclose commercial agreements between their presenters and companies featured in their current affairs programs. According to ACMA, 2GB and 3AW did not publish details of these agreements on their websites, violating commercial disclosure rules.

The findings come after an investigation into 2GB’s Ben Fordham Live program concerning comments made during a broadcast on 3 August 3 2023, which were favourable to the ride-share company Uber. The investigation revealed that a commercial agreement existed between Uber and the program host at the time, which was not disclosed on-air.

A separate ACMA investigation into 3AW Afternoons broadcasts from August 2023 found the program host made comments favourable to automotive manufacturer BMW, similarly without disclosing an existing commercial agreement between BMW and the host.

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

“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, ACMA issued remedial directions to 2GB and 3AW, requiring relevant current affairs presenters, producers, and sales staff to undertake formal training on commercial disclosure requirements.

Additionally, 2GB is required to commission an external audit of its compliance processes.

This additional measure is due to the repeat offence from 2GB, which previously breached disclosure rules in 2021 during broadcasts of The Alan Jones Breakfast Show, where listeners were not informed about a commercial agreement with The Star Entertainment Group.

The ruling comes a day after ACMA took action against streaming service 10 Play, operated by Network Ten, for breaching gambling advertising rules by airing gambling ads outside permitted hours during two live-streamed sports events.

Following its investigation, ACMA issued a formal warning to Network Ten for the breach.

See also: 10 Play breaches gambling ad rules, ACMA issues warning

Top Image: Ben Fordham

To Top