Toowoomba community station 4DDB 102.7 has had enforceable undertakings placed on it by ACMA after three investigations into advertising on the station.
The investigations centre around programs made by former 4WK announcers Pat O’Shea and David Silver after they joined 4DDB in August 2007. They began a breakfast show and weekend sports shows, which included local racing coverage and brought over a number of their old sponsors to the station.
The investigation found that, during various shows, they exceeded the 5 minute sponsorship limit for community radio and also broadcast untagged announcements, which were classified as advertisements not sponsorship. Advertisements are not allowed on community radio.
According to the investigation report, the station made agreements with Pat O’Shea’s company about a rate of payment for the air time, and Pat O’Shea Promotions then sold sponsorship to its clients.
Complaints were made to ACMA in 2008 about a number of issues, most significantly exceeding five sponsorship minutes and broadcasting advertisements. These complaints were upheld and are now the subject of the enforceable undertakings.
There were other complaints as well, ranging from the accusation of operating for profit, the inappropriateness of racing broadcasts on a community station, and that the new programming (which sounded like the shows the pair did on 4WK) failed to represent community interests. The ACMA investigation report says these complaints were not upheld.
The station will now have to comply with ‘enforceable undertakings’ which require 4DDB to implement new policies and procedures, conduct training and terminate a commercial agreement with, third party, Pat O’Shea Promotions Limited.
Adoption of these measures should mean that it is less likely the station “will further contravene the Broadcasting Services Act 1992,” while the measures ensure that ACMA now has the ability in the future to apply to the Federal Court for an order to enforce the undertaking’s terms.
To read the enforceable undertakings click the link below. To read the full investigation reports click here.