Kyle Sandilands' impassioned defence of the travel arrangements of Johnny Depp's dogs, in which the radio shock jock called Agriculture Minister Barnaby Joyce an "absolute wanker", "a ponce" and "a gerbil of a thing" has been cleared by the broadcast media watchdog.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
In a 24-page finding released Tuesday, the ACMA found the use of the word "wanker" had been delivered in the "Australian vernacular" rather than the "sexual nature" of the word.
In its report, the watchdog highlights the Macquarie Dictionary definition of the word, which it describes as colloquial noun: "1. Someone who masturbates 2. A foolish or objectionable person. 3. A self-indulgent or egotistical person."
"The ACMA accepts the licensee's submission that the use of the word was not sexual in nature. In this case it was used consistent with the second and third definitions above," it said.
It also sided with Kiis FM that the description of Mr Joyce as "gerbil of a thing" was a "reference to a small mammal and nothing more".
Mr Joyce had complained to ACMA after Sandilands on-air tirade in a May interview following Mr Joyce's remarks that Depp's dogs, Pistol and Boo, should "bugger off back to the United States".
The minister had accused Depp of smuggling the dogs past Australian quarantine when he flew into Queensland on his private jet.
During the interview, Sandilands said: "You sound like an absolute clown telling the guy to bugger off back to Hollywood or we'll kill his dogs. You sound like an idiot.
"You're a government minister, not some minister off the street mouthing off to a news camera. Have some decency. I'm going off because you sound like an insensitive wanker."
Mr Joyce's complaint alleged Sandilands had used "language and behaviour that is outside the acceptable standards and norms of robust political debate and common decency in public broadcasting".
He also complained of not being given an "adequate opportunity to reasonably discuss the subject' and "the lack of a subsequent public apology" by Kiis FM.
But the ACMA found no breach, saying "standards are not hard and fast and may change over time and across sections of the community".
"Determining any consensus is difficult because there are many standards within the community and there will be different views on these matters. Diverse audiences in Australia will not necessarily have tastes and standards in common," it found.
On the gerbil remark, Kiis had said it was a reference to a small animal and "did not include any depiction or description that was sexual in nature, nor any sexual connotation".
While the ACMA is aware of colloquial meanings that could be inferred from the comment, the lack of surrounding material supporting any such inferences renders the remark innocuous or, at worst, ambiguous.
"As such, the comment does not reach a level of offence that is in breach of the codes," the watchdog found.
"The complainant also noted that the term 'cock' was used in the interview, however the ACMA is satisfied that this was censored from the broadcast."
ACMA said the Kyle and Jackie O program is not covered by codes governing news programs and that the topic of Depp's dogs had become a controversial one in the community.
"In a robust interview on a subject of some political controversy, where a series of heated remarks were exchanged that escalated the tone and tenor of the language used, the phrases used by Mr Sandilands, while discourteous in terms of the conventions for political address, were not so threatening, abusive, vulgar or contemptuous that they were not suitable for broadcast," it found.
Mr Joyce, who was locked in cabinet meetings on Tuesday, expressed disappointment at the watchdog's finding and appeared to suggest advertisers on Kiis should consider whether they continue to support the Kyle and Jackie O show.
"Apparently, you can now say what you like, when you like to whoever you like," he said in a statement.
"Is this how those who advertise on his show want people to talk to their clients and customers? Is this how their listeners want to be talked to by police, bank tellers, teachers or children."
Australian Radio Network, the owner of Kiis, welcomed the ACMA's findings. "We have received notification of the finalised investigation confirming there was no breach of the Commercial Radio Australia Codes of Practice and Guidelines 2013 and we are satisfied with this outcome," ARN said in a statement.
Mr Joyce is expected to respond to the report later on Tuesday.
