31 August, 2012


Legal News & Analysis – Asia Pacific – Australia – TMT


2DAY FM did not breach an additional condition of its licence or the Commercial Radio Code of Practice when it broadcast remarks regarding a disabled child on 20 April 2012.


The ACMA's investigation was undertaken following receipt of three complaints that 2DAY FM had breached the additional licence condition imposed by the ACMA in 2010.  The ACMA investigated the broadcast during which presenter Kyle Sandilands referred to a baby born in Pakistan with additional limbs as a "spider baby".
The additional licence condition, which has been in place since 2010, is intended to protect children whose welfare or well-being may be put at risk by a broadcast. The ACMA found no evidence that the welfare or well-being of the baby concerned was, or was likely to have been, affected by the broadcast of the segment.
The ACMA also considered whether the broadcast breached code provisions which prohibit the incitement of severe ridicule of a person because of their disability and the broadcast of material which offends generally accepted standards of decency. It found that while the broadcast conveyed severe ridicule and was grossly insensitive, it was not likely to incite severe ridicule of the child among listeners. Nor did the broadcast offend generally accepted standards of decency; although the comments were in poor taste and offensive to some, they were not, in the sense contemplated by the code, lewd, coarse or indecent.
To view ACMA's media release click here.


For further information, please contact:


Gordon Hughes, Partner, Ashurst

[email protected] 



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