Any Kiis FM radio show hosted by Kyle Sandilands or Jackie “O” Henderson must not broadcast strong sexual content for the next five years or ARN Media could face sanctions as serious as cancellation of the radio station’s licence.
However, the sanction by broadcasting authorities came two weeks after Kyle & Jackie O Show was taken off the air and Henderson’s contract with ARN was terminated.
ARN notified Sandilands in writing indicating that it considered his behavior during a show last month “an act of serious misconduct in violation of the ARN services agreement.”
Sandilands has until Tuesday, March 17 to show how it will “remedy” the alleged breach of the ARN “services agreement” or its contract will also be terminated.
Henderson said she could no longer work with Sandilands after an unpleasant incident on February 20, in which Sandilands mocked her for her interest in astrology.
The Australian Communications and Media Authority (Acma) has imposed additional license conditions on the licensees of Kyle & Jackie O Show, KIIS FM Sydney and Kiis FM Melbourne, after repeated breaches of the decency provision of the commercial radio code of practice.
The media authority said the license conditions would apply to any new programs the two broadcasters present on Kiis, whether separately or together. In its statement to the ASX, ARN had offered Henderson the possibility of an alternative program on the ARN chain.
Acma president Nerida O’Loughlin said the license condition is due to multiple failures by license holders to meet their obligations under the code.
“To date, ARN management has been unwilling or unable to control the content that has aired,” O’Loughlin said.
Acma said the violations included: two episodes of a guessing game in which audio clips of male and female staff urinating were broadcast; a game in which a contestant provided an offensive description of a sexual position and a segment containing lewd discussions of masturbation and pornography websites.
ARN Media notified the ASX on Monday that Acma had imposed a license condition for a period of five years, applicable to both KIIS Sydney and KIIS Melbourne.
“ARN recognizes and respects ACMA’s decision,” ARN said. “The ARN will review the decision and consider options. The ARN has already taken steps to ensure compliance and brand safety in accordance with these licensing conditions.”
Sandilands apologized to Henderson and accused the RNA of failing to carry out a “genuine process”.
“On February 20, I had an argument with Jackie on air about something that had been bothering me for a while,” he said last week.
“I said things I wish I had said differently. That same night, I sent Jackie a message telling her that I was sorry for everything I said and that it didn’t go over well, that I love her and care about her, and that I could have handled it better.”
On Friday, March 6, Henderson said he “did not resign or resign” from the show and was “deeply sad” that the hit breakfast radio show could be coming to an end.
Henderson and Sandilands have hired lawyers.
