22 September 2005
ACMA finds Sunshine Coast radio service breached complaints handling code
The Australian Communications and Media Authority has found Hot 91 FM Pty Ltd, the licensee of commercial radio station 4MCY Nambour, breached the Commercial Radio Codes of Practice 2004 by not informing a complainant that she had the right to refer her complaint to ACMA if she was not satisfied with its response.
On 11 August 2005, ACMA received a complaint about an advertisement broadcast by 4MCY (Hot 91 FM) on 8 August 2005. The complainant considered that the advertisement was inappropriate and did not meet contemporary standards of decency. ACMA also investigated whether 4MCY had complied with the relevant complaints handling procedures.
ACMA determined that the licensee of 4MCY breached clause 5.7 of the codes in that the licensee did not inform the complainant that she had the right to refer the complaint to ACMA if she was not satisfied with its response.
ACMA determined that the licensee did not breach clause 1.5(a) of the codes in that the program content met contemporary standards of decency, having regard to the likely characteristics of the audience of the licensee’s service.
ACMA noted that the licensee indicated that all future complaints will now be recognised by both the General Manager and the Managing Director, both of whom are aware that in all cases a complainant must be referred to ACMA. ACMA considers this action addresses the compliance issue raised by the investigation and will continue to monitor the licensee’s performance in this regard.
A full copy of investigation report #1587 is available on the ACMA website
Media contact: Donald Robertson, ACMA Media Manager on (02) 9334 7980.