Today FM has filed an application for review with the Administrative Appeals Tribunal in respect of the licence condition recently imposed by the ACMA on Today FM’s commercial radio licence. The ACMA intends to contest Today FM’s application.

Under the application, Today FM is seeking to substitute a new licence condition.

The condition imposed by the ACMA, as reported on radioinfo here,  will continue to have effect pending any decision by the Appeals Tribunal.

As this matter is before the Tribunal the ACMA cannot make any further comment at this time.

Following an investigation of the Kyle and Jackie O Show broadcast in November 2011, the ACMA found that Kyle Sandilands’ comments about a female journalist were derogatory and offensive, and amounted to a breach of the Commercial Radio Codes of Practice 2011. It eventually imposed an additional licence condition on 2DAY FM.

When the licence condition was imposed, SCA CEO, Rhys Holleran told radioinfo: “SCA believes ACMA has not fully taken into consideration the extensive processes and procedures that the business has taken upon itself to implement with regards to comments made by Kyle Sandilands on 22 November 2011… Southern Cross Austereo…  is reviewing all available options.  SCA finds the decision broad reaching and its lengthy term unprecedented.  SCA believes ACMA has not fully taken into consideration the extensive processes and procedures that the business has taken upon itself to implement with regards to comments made by Kyle Sandilands on 22 November 2011.”

Meanwhile, the person who started all the public outcry against Kyle has commented on radioinfo:

There can never be (never should be!) a place where one person can use a position of power to threaten, intimidate and abuse another.

This is the lesson we as a society need to remind our young people about: that personal back-lashing has no place in our society. Simply because someone disagrees with us should not necessitate threats of personal physical and verbal threats and intimidation… This truly is reprehensible and a backward step for any modern society that should be moving against such personal abuse of ‘power.’

We all pick our own ‘battles.’ My own personal bugbear is the public threats and body-comments… We are entitled to express our views, (yes, this is what Freedom of Speech is all about) but we need to be taught that there is respectful manner in which to do so.  

Read Roz’s full comments and radioinfo reader reactions to those comments at the bottom of this radioinfo article.