The Australian Communications and Media Authority (ACMA) has found broadcasts of the Kyle & Jackie O show that discussed the Tokyo Paralympics breached the commercial radio code of practice decency provisions.
The ACMA investigation found that a segment included insensitive and disparaging comments by Kyle Sandilands that would have been offensive to the athletes as well as the broader community.
ACMA Chair Nerida O'Loughlin said radio broadcasters have a responsibility to ensure that what they say meets the standards expected by their audience.
"Comments like those broadcast on this program have no place in our society, never mind on a commercial radio program," Ms O'Loughlin said.
"Mocking participants in an event that celebrates equality and showcases the highest levels of human endeavour is beyond any reasonable measure of decency."
In a related segment two days later, the program again breached the provisions when Mr Sandilands threatened a named journalist who had criticised the program.
"Threatening and intimidating an individual is an unacceptable response to criticism and an entirely inappropriate use of broadcast media," Ms O'Loughlin said.
Following its review of the program, the licensee employed a second censor to assist its primary censor monitor that what is being put to air is compliant with the code of practice.
The licensee has also offered the ACMA a court-enforceable undertaking to maintain that second censor for a period of two years and deliver sensitivity training to the program hosts, producers, censor and other relevant staff.
The licensee will also conduct an independent assessment of the existing controls it has in place to prevent further breaches of the decency requirements, and report back to the ACMA over the next two years on any complaints or concerns that are raised about the program, as well as the training and system improvements that it has implemented.
"Licensees ultimately have the responsibility of making sure their programming complies with the industry's own code of practice. If not, they must take action, as KIIS 1065 has done in this instance," Ms O'Loughlin said.
