25 October 2011
FIVEaa Adelaide breaches Commercial Radio Codes
The ACMA has found that FIVEaa Adelaide breached the Commercial Radio Australia Codes of Practice and Guidelines by presenting an advertisement as a current affairs program on 1 October 2010.
Under the codes, licensees are prohibited from presenting advertisements as news or other programs.
The ACMA’s investigation concerned a segment of the Leon Byner Show dealing with water fluoridation, in which one of FIVEaa’s clients and its water-filter product were mentioned. The ACMA found that:
- a substantial purpose of the segment was to promote that client and its product
- the broadcast fell within the terms of an overarching contractual agreement between the licensee and the client
The material broadcast was therefore considered to be an advertisement for the purposes of the codes. However, the placement, tone and style of the segment meant that the advertisement was presented as a current affairs program.
The ACMA also found that FIVEaa breached the complaints handling provisions of the codes by failing to provide an adequate response to the complainant and by failing to advise the complainant of its right to refer the matter to the ACMA.
In response, FIVEaa has conducted relevant compliance training for all on-air staff and agreed to conduct similar training for all sales staff. It has reviewed its complaints handling procedures and conducted training for the staff involved.
For more information or to arrange an interview please contact: Emma Rossi, Media Manager, on (02) 9334 7719, 0434 652 063 or media@acma.gov.au.
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The ACMA is Australia’s regulator for broadcasting, the internet, radiocommunications and telecommunications. The ACMA’s strategic intent is to make communications and media work in Australia’s public interest. For more information: www.acma.gov.au.
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