The Australian Communications and Media Authority has imposed additional licence conditions on ARN Media following breaches of the decency provision of the Commercial Radio Code of Practice nine times in 2025 over the Kyle and Jackie O Show.
The conditions give ACMA broader enforcement powers, with future breaches potentially resulting in civil penalties, remedial directions or suspension and cancellation of ARN's broadcasting licence.
ARN licensees will now also be required to commission an independent audit of their governance framework, undertaken by a qualified compliance expert.
The audit and its recommendations must be provided to ACMA, with ARN required to implement all recommendations within an agreed timeframe
“To date ARN management have been unwilling or unable to control the content that has gone to air. These additional licence conditions mean further breaches will attract strong enforcement action that was not otherwise available to the ACMA,” said Nerida O’Loughl, ACMA chair.
The conditions will remain in force for five years and apply to ARN licensees when broadcasting the now-cancelled Kyle and Jackie O Show or any program hosted by or featuring Kyle Sandilands and/or Jacqueline Henderson.
“This requirement is designed to strengthen foundational governance structures and reduce the risk of further non‑compliance. The ball is now firmly in ARN’s court to take control of the content they are responsible for,” said O’Loughlin.
The action follows ACMA finding ARN in breach of the decency provisions of the code nine times during 2025. Breaches included two episodes of a guessing game in which audio clips of staff members urinating were aired, with hosts guessing which audio belonged to which staff member.
Both episodes included comments about participants' genitals, and one included graphic comments about menstruation and oral sex.
Other breaches included a game in which a contestant provided an offensive description of a sexual position, and a segment containing lewd discussions about masturbation and pornography websites.
Prior to the 2025 breaches, ACMA had already taken enforcement action against ARN for breaches made between 2019 and 2022.
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