ACMA will investigate whether the Commercial Radio Codes of Practice and existing industry practices provide sufficient safeguards for participants and subjects in live-hosted entertainment programs on commercial radio. The investigation is a direct response to the Kyle and Jackie O lie detector segment. The regulator’s preemptive move to begin the industry wide investigation has angered the commercial radio industry.

The regulator has not ruled out a specific investigation into the specific incident as well as the industry wide review.

ACMA Chairman Chris Chapman has cited “public concern in relation to an episode of 2Day’s Kyle and Jackie O Show,” as the reason for the investigation.

“It has highlighted broader issues about the treatment of participants and subjects involved in ‘stunt’ or ‘prank’ calls, competitions and challenges on commercial radio.”

But the Commercial Radio sector is not happy with the framework for the investigation. CRA CEO Joan Warner has responded to the announcement saying:“The industry will obviously respond to this inquiry and participate fully. However it is disappointed that ACMA feels an enquiry into the whole industry (261 radio stations) is warranted based on the unfortunate radio segment in question that was broadcast on one station in one market.”

Chapman says the strength of the community backlash over the incident has caused the regulator to act:

“The ACMA acknowledges that the broadcasting sector should generally be able to experiment with program genres and styles which may be attractive to its audiences. However, the strength of community concern expressed about the practices of some live-hosted entertainment programs and the ACMA’s own assessments indicate that there is emerging evidence that the current regulatory arrangements may not be keeping pace with industry practice and community standards.”

The ACMA investigation will be conducted under section 170 of the Broadcasting Services Act 1992 and will operate in addition to any specific investigation that the ACMA may undertake into the recent episode of the Kyle and Jackie O Show concerning a lie detector being used on a minor.

“Under the co-regulatory framework enshrined in the Broadcasting Services Act, a code complaint into the recent incident on the Kyle and Jackie O Show would, in the normal course, be dealt with between a complainant and the licensee, with the ACMA then commencing an investigation if it receives notification from a complainant that he or she is not satisfied with 2Day FM’s response,” says Chapman.

Warner complained on behalf of her members, “We are also disappointed that ACMA has chosen not to wait for the Codes complaints and investigative processes into this particular incident to be completed before launching this broader enquiry.

“ACMA’s own attitudinal research shows that only 1 in 5 radio listeners have heard something of concern in the last 12 months and the majority of these were concerned about news stories.”

ACMA says it expects broadcasters to deal with matters of such strong community concern quickly and effectively and says it “will be considering very carefully” what the station does about the incident.

In exploring this issue, the Authority is “seeking to take a broad approach which considers industry practice generally, current community concerns and attitudes and the responsiveness of industry to these concerns.”

The investigation will consider in its terms of reference:

1. The level and specific nature of community concern in relation to these types of program elements using the facts and circumstances in the recent 2Day FM episode as a key case study;

2. The practices, processes and protections already in place in the industry in relation to participants and subjects in such programming elements and in particular, to children;

3. Whether industry practices and provisions in the industry’s code are sufficient to meet the community’s concerns in this area;

4. If not, what additional regulatory arrangements would need to be put in place and what would be the most effective regulatory response; and

5. Any other relevant matters.

The ACMA is calling for submissions from the public and the industry, and will consider all relevant information and evidence. The regulator will also consider existing and commissioned research and have regard to international experience, including findings from a broader research study undertaken by the ACMA earlier this year.

That research study, which is yet to be released in full, asked a number of questions about community attitudes. The table below quotes figures from those surveyed (1423 radio listeners) about joke phone calls, subject matter and talk about sex.

ACMA will “determine whether any change to the current regulatory arrangements is required” after it completes the investigation, which it wants finished by December this year.

See radioinfo’s earlier analysis at the link below.