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Investigations into radio broadcasters

If we think a radio station has breached a broadcasting law, we can investigate.

About our investigations

When we finish each investigation, we publish a report to explain:

  • if there is a complaint, what it is about
  • when it happened
  • the relevant law
  • what we found when we investigated

We publish reports for the past 2 years here. For lists of older reports, consult our Annual reports available on the Analysis & Policy Observatory website. Each quarter, we also publish a summary of actions we have taken on broadcasting.

To access older investigation reports please contact broadcasting@acma.gov.au.

Outcomes of our 2020 investigations

Program or issue Station or licensee Description Outcome Report published
Licence condition matter 2CVC / Clarence Valley Christian Broadcasters Inc. Representing community interest

No breach of Schedule 2 to the BSA

(ref BI-517)

9 October 2020
Licence condition matter 94.1FM Gold Coast / Gold Coast Community Radio Association Incorporated

Prohibition on broadcast of advertisements.

Time limit for sponsorship announcements.

Prohibition on operating the service for profit or as part of a profit‑making enterprise.

Breach of paragraph 9(1)(b) of Schedule 2 to the BSA.

Breach of paragraph 9(3)(b) of Schedule 2 to the BSA.

No breach of paragraph 9(2)(e) of Schedule 2 to the BSA.

(ref BI-511)

7 October
Code matter 2QBN / QBN FM Incorporated Complaint handling

Breach of Community Broadcasting Codes of Practice 2008

(ref BI-496)

23 September
Morning Orana Broadcasters Inc

Perpetuate hatred on the basis of occupation or political affiliation.

Accuracy, distinguishability and fairness.

Codes of Practice 2008

No breach of code 3.6 of the Community Radio Broadcasting Codes of Practice 2008

(ref. BI-522)

8 September
Kyle & Jackie O KIIS 1065 / Commonwealth Broadcasting Corporation Pty Ltd Decency and  Incitement in a discussion about the Virgin Mary and Christian beliefs

Breach of 2.2 [decency]

No breach of 2.1.4 [incite hatred, serious contempt or severe ridicule because of religion]

(ref. BI-537)

8 September
The Ray Hadley Morning Show Triple M 105.1 (Central West) / Radio 2GZ Pty Ltd. Decency

Breach of the Commercial Radio Code of Practice 2017

(ref. BI-539)

16 June
The Alan Jones Breakfast Show 2GB / Harbour Radio Pty. Ltd Accuracy, Decency, Incite serious contempt, severe ridicule, because of gender or nationality, Incite violence in commentary about Jacinda Ardern

Breach of 3.2.1 [factual accuracy]

Breach of 2.2 [offend generally accepted standards of decency]

No breach of 2.1.1 [incite, encourage violence]

No breach of 2.1.4 [incite hatred, serious contempt or severe ridicule on the basis of gender]

No breach of 2.1.4 [incite hatred, serious contempt or severe ridicule on the basis of ethnicity, nationality or race]

(ref BI-529)

21 May
Licence condition matter FAB FM/ Kibela Pty Ltd as the trustee for The Mars Family Trust Narrowcasting

Breach of paragraphs 4.3(a) and 4.8(a) of the Radiocommunications Licence Conditions (Broadcasting Licence) Determination 2015

Breach paragraph 11(1)(d) of Schedule 2 to the BSA (for failure to comply with the requirements of subclause 5(2))

(ref BI-507)

6 May
Licence condition matter 4NSA / Noosa District Community FM Radio Association Inc. Encourage community participation in the operations of the service.

No breach of paragraph 9(2)(c)(ii) of Schedule 2 to the BSA

(ref BI-520)

26 March
Licence condition matter 5GFM / Peninsula Community Broadcasters Incorporated Broadcast of advertisements No breach of paragraph 9(1)(b) of Schedule 2 to the BSA

(ref BI-527 & BI-528)

24 March
Licence condition matter 2AAA / Wagga Wagga Community Media Inc.

Broadcast of advertisements
Time limit for sponsorship announcements

Breach of paragraph 9(1)(b) of Schedule 2 to the BSA

No breach of paragraph 9(3)(b) of Schedule 2 to the BSA

(ref BI-510)

24 February
Licence condition matter Black Star Tablelands / Queensland Remote Aboriginal Media Broadcast of advertisements
Time limit for sponsorship announcements

No breach of paragraph 9(1)(b) of Schedule 2 to the BSA

No finding regarding paragraph 9(3)(b) of Schedule 2 to the BSA

(ref BI-509)

24 February
Licence condition matter 6NR / Curtin University of Technology Broadcast of advertisements
Time limit for sponsorship announcements

Breach of paragraph 9(1)(b) of Schedule 2 to the BSA

No breach of paragraph 9(3)(b) of Schedule 2 to the BSA

(ref BI-508)

24 February
Breakfast with Steve Mills and Basil Zempilas 6PR / Radio 6PR Perth Pty Ltd Tobacco Advertising

No breach of the Broadcasting Services Act 1992

(ref BI-533)

28 January

Outcomes of our 2019 investigations

Program or issue Station or licensee Description Outcome Report published
Licence condition matter 3WBC / Whitehorse Boroondara FM Community Radio Inc. Broadcast of advertisements

Time limit for sponsorship announcements

Breach of paragraph 9(1)(b) of Schedule 2 to the BSA

Breach of paragraph 9(3)(b) of Schedule 2 to the BSA

(ref BI-514)

13 December
Licence condition matter 3BBS / Greater Bendigo Community Radio Inc. Broadcast of advertisements Breach of paragraph 9(1)(b) of Schedule 2 to the BSA

(ref BI-512)

13 December
Tasmania Talks LAFM Decency, misrepresentation of viewpoints, accuracy and correction of errors – during and subsequent to a talkback discussion about new Tasmanian legislation.

No breach of 2.2 [offend generally accepted standards of decency]; and 3.2.3 [viewpoints must not be misrepresented]

Breach of 3.2.1 [factual material is reasonably supportable as being accurate]; and 3.4 [corrections]

(ref. (BI-485)

11 December
Licence condition matter 5GFM / Peninsula Community Broadcasters Incorporated

Broadcast of advertisements

Time limit for sponsorship announcements

No breach of paragraph 9(1)(b) of Schedule 2 to the BSA

No breach of paragraph 9(3)(b) of Schedule 2 to the BSA

(ref. (BI-504)

4 November
Hughesy and Kate  Hit 104.7/ Canberra FM Radio Pty Ltd  Incite severe ridicule on the grounds of disability – in a segment about relationships. 

No breach of the Commercial Radio Code of Practice 2017

(ref. BI-513)

6 September
Friday Metro Mornings with Loz and Rosie  99.7 Bridge FM / Moreton Media Group Inc.  Broadcast of advertisements 

No breach of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-503)

26 August
Election advertisement  Kiis FM / Commonwealth Broadcasting Corporation Pty Ltd  Broadcast of an election advertisement during the blackout period 

No breach of subclause 3A(2)

No breach of paragraph 7(1)(j)

(ref. BI-502)

23 August
Licence condition matter Memphis Mayhem Radio FM Inc Provide service for community purposes

No breach of paragraph 9(2)(d) of Schedule 2 to the BSA

(ref BI-470)

29 July
Kennedy Molloy Triple M 105.7 The Border / Goulburn and Border Broadcasters Pty Ltd Incite severe ridicule on the grounds of disability in a discussion about people of short stature

No breach of the Commercial Radio Code of Practice 2017

(ref. BI-498)

12 July
Licence condition matter Albany Community Radio Inc Encourage community participation in the operations of the service

No breach of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-488)

11 July
Mornings in the Bay with Fletch  Port Stephens FM radio

Broadcast of advertisements

Exceeding 5 minutes per hour of sponsorship announcements 

Breach of sub-paragraph 9(1)(b) of Schedule 2 to the BSA.

No breach of sub-paragraph 9(3)(b) of Schedule 2 to the BSA. 

(ref. BI-455)

13 June
Licence condition matter Clarence Valley Christian Broadcastings Inc

Representing community interest

Encourage community participation in the operations of the service

Provide service for community purposes

No breach of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-449)

17 May
Licence condition matter Tweed Coast Community Radio Inc Provide service for community purposes

Breach of paragraph 9(2)(d) of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-452)

10 May
Licence condition matter 3VYV / Yarra Valley FM Inc. Broadcast of advertisements

Breach of paragraph 9(1)(b) of Schedule 2 to the Broadcasting Services Act 1992

No breach of paragraph 9(1)(b) of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-487)

9 July
Licence condition matter 5FBI / Fresh Broadcasters Inc Prohibition on tobacco advertising.

No breach of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-490)

30 May
Licence condition matter 5TCB / Tatiara Community FM Broadcasters Inc Broadcast of advertisements

Breach of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-459)

1 May
Licence condition matter 3VYV / Yarra Valley FM Inc Broadcast of political matter
Broadcast of an advertisement
Sponsorship time limit

Breach of subclause 4(2) and subclause 3A(2) of Schedule 2 to the Broadcasting Services Act 1992

No breach of paragraph 9(1)(b) and paragraph 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-447)

17 April
Licence condition matter 3VYV / Yarra Valley FM Inc Sponsorship time limit

Breach of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-463)

12 April
Licence condition matter 6NME / Peedac Encouraging participation in operations of the licensee in providing the service.

Breach of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-453)

28 March
The Alan Jones Breakfast Show 2GB / Harbour Radio Decency, and Incite hatred against, serious contempt on the grounds of ethnicity or race in a discussion about the Liberal Party leadership spill. 

Breach of the Commercial Radio Code of Practice 2017

(ref. BI-441)

15 March
Licence condition matter; code matter 7TAS / Tasman Community Broadcasters Association

Encouraging participation in the operations of the service.

Community participation policy.

Sponsorship Policy.

No breach of the Broadcasting Services Act 1992

Breach of the Community Broadcasting Codes of Practice 2008

(ref. BI-438)

28 February

 

Outcomes of our 2018 investigations

Program or Issue Station or Licensee Description Outcome Report published
Licence condition matter 2PSR / Port Stephens Inc Encouraging participation in selection and provision of programs.

Breach of paragraph 9(2)(c)(ii) of Schedule 2 to the Broadcasting Services Act 1992

No breach of paragraph 9(2)(c)(ii) of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-437)

20 December
Licence condition matter  4SFM / Sunshine FM Radio Association Incorporated Sponsorship time limit

No Breach of paragraph 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-436)

18 December
Talkfest Australian Broadcasting Corporation Impartiality and diversity of perspectives – in a radio broadcast discussing Australia’s population

No breach of Standards 4.2 and 4.5 of the ABC Code of Practice 2011

(ref. BI-426)

2 November
Licence condition matter 3HOT / Sunraysia Community Radio Association Inc. Encouraging participation in selection of programs

Breach of paragraph 9(2)(c)(ii) of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-422)

14 September
General programming Vintage FM / W & A Willmington Pty Ltd Categories of broadcasting service - the station is not operating as a narrowcasting service as it is providing programs of broad appeal

The licensee is providing an open narrowcasting service within the meaning of Section 18 of the Broadcasting Services Act 1992; and is not providing a commercial radio broadcasting service without a licence in contravention of Section 133

(ref. BI-413)

6 September
General programming Air FM / Futrends Pty Ltd Categories of broadcasting service - the station is not operating as a narrowcasting service as it is providing programs of broad appeal

The licensee is providing an open narrowcasting service within the meaning of Section 18 of the Broadcasting Services Act 1992; and is not providing a commercial radio broadcasting service without a licence in contravention of Section 133

(ref. BI-412)

30 August
Licence condition matter  2NUR / The University of Newcastle  Sponsorship time limit 

Breach of paragraph 9(3)(b) of Schedule 2 to the Broadcasting Services Act 1992 

(ref. BI-416; BI-417)

16 August  
Licence condition matters; code matter 4BAY / Bayside Community Radio 

Encouraging participation in selection of programs and operating the service as part of a profit-making enterprise.

Potential for distress and consideration for prevailing community standards – in the broadcast of a song on a breakfast program.

Breach of paragraph 9(2)(c)(ii) and no breach of paragraph 9(2)(e) of Schedule 2 to the Broadcasting Services Act 1992

No breach of code 3.2 of the Community Radio Broadcasting Codes of Practice 2008

(ref. BI-359)

6 August
Licence condition matters 101.3 / Tweed Coast Community Radio Inc Broadcast of advertisements

No breach of paragraph 9(1)(b) of Schedule 2 of the Broadcasting Services Act 1992

(ref. BI-404)

27 June
Community service announcement for Refugees Welcome Australia Inc. and a 4ZZZ station identification message 4ZZZ / Creative Broadcasters Ltd Political matter – broadcast the required particulars immediately following the broadcast of political matter

Breach of subclause 4(2) and paragraph 9(1)(i) of Schedule 2 to the Broadcasting Services Act 1992

No breach of subclause 4(2) or paragraph 9(1)(i) of Schedule 2 to the Broadcasting Services Act 1992

(ref. BI-364)

11 May
Local content news and information  2LT Local content news 

Breaches of paragraph 8(2)(c) of Schedule 2 to the BSA 

Failure to comply with section 61CD(1)(a) BSA

Failure to comply with section 61CP BSA 

(ref. BI-362)

20 February
Licence condition matters TYGA FM Broadcast of advertisements

Breach of paragraph 9(1)(b) of Schedule 2 to Part 5 of the Broadcasting Services Act 1992 

(ref. BI-339)

18 January
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