The Australian Communications and Media Authority (ACMA) has imposed additional licence conditions on Media licensees, ARN, the broadcasters of The Kyle & Jackie O Show. This after repeated breaches of the decency provision under the Commercial Radio Code of Practice.
It may well be a moot point, if Kyle Sandilands & Jackie Henderson don’t ever return to the air – but when it rains, it sure does pour for the duo.
The new conditions will remain in force for five years and apply when ARN licensees broadcast the Kyle and Jackie O Show or any other program hosted by or featuring Kyle Sandilands and/or Jackie O Henderson.
Stronger enforcement powers now available
Under the new conditions, future breaches may trigger stronger enforcement options for the regulator, including court-enforceable undertakings, remedial directions, civil penalties, or suspension or cancellation of a broadcasting licence.
Nerida O’Loughlin, chair of the ACMA, said the decision followed repeated failures by ARN licensees to meet code obligations.
“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,” O’Loughlin said.
Kyle and Jackie O during the chat which saw Jackie walk. Source: Instagram
Independent governance audit required
The conditions also require ARN licensees to commission an independent audit of their governance framework through a qualified compliance expert.
The audit findings and recommendations must be provided to the ACMA, with recommendations implemented within agreed timeframes.
“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,” O’Loughlin said.
Nine breaches identified in 2025 findings
The action follows ACMA findings in 2025 that identified nine breaches of the decency provisions by the program.
The investigated broadcasts included two episodes of a guessing game involving audio clips of male and female staff members urinating, where hosts guessed which audio belonged to which staff member.
According to the regulator, both episodes included comments about participants’ genitals, while the female staff segment also included graphic comments about menstruation and oral sex.
Other material cited included a game where a contestant gave an offensive description of a sexual position, and a separate segment involving lewd discussions about masturbation and pornography websites.
Previous enforcement had already been applied
Before the latest decision, the ACMA had already taken a range of enforcement actions under the broadcasting co-regulatory system for breaches between 2019 and 2022.
Measures introduced by ARN after those earlier actions included employing two censors for the program.
The additional licence conditions have been published for the ARN licensees, Commonwealth Broadcasting Corporation and Double T Radio, as have the ACMA’s Statement of Reasons for the decisions for Commonwealth Broadcasting Corporation and Double T Radio.
ARN’s market announcement
ARN Media Limited [ASX: A1N] advises that it was notified today by the Australian Communications and Media Authority (ACMA) that it will impose conditions on the licences (Licence Conditions) of Commonwealth Broadcasting
Corporation Pty Ltd (KIIS Sydney) and Double T Radio Pty Ltd (KIIS Melbourne) (together, the
Licensees) following investigations into the Kyle & Jackie O Show.
ACMA intends to publish the Licence Conditions on the Government Gazette today and these will be in effect for a period of 5 years, applying to both KIIS Sydney and KIIS Melbourne.
The Licence Conditions are attached [here]. Licence Conditions 1 and 2 apply only to the Program (being the Kyle & Jackie O Show or any other show hosted by and/or featuring Kyle Sandilands and/or Jacqueline Henderson, alone or in combination with another presenter(s) or guest(s), as defined in the Licence Conditions).
ARN acknowledges and respects the decision by ACMA. ARN will review the decision and consider options.
ARN has already taken steps to ensure compliance and brand safety in line with these Licence Conditions.
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This announcement has been authorised for release by the Disclosure Committee of ARN Media. For further information, please contact:
Investor enquiries:
Andreas Lundberg, Fortitude Investor Relations, 0457650482, [email protected]
Steve Loxton, Fortitude Investor Relations, 0412 595 133, [email protected]
Jeremy Child, ARN, CLO & Company Secretary, 0415 427 678, [email protected]
Media enquiries:
Max Hewett, Director, Patterson Advisory, 0432 332 215, [email protected]
Top Image: Kyle Sandilands and Jackie O. Image: KIIS