Nine Entertainment-owned station 3AW could face penalties if it has breached the radio guidelines for not declaring Felgate’s deals

Melbourne radio station 3AW must hand over more details to the media watchdog after failing to disclose 12 lucrative paid partnerships held by broadcaster Jacqui Felgate.

Nine Entertainment-owned station 3AW has to hand over more details to the media watchdog relating to embattled host Jacqui Felgate’s 12 lucrative commercial deals, which earn her more than $300,000 a year.

The media regulator, the Australian Communications and Media Authority, has confirmed Nine could face court proceedings and financial penalties if it is found to breach the industry guidelines for failing to declare these paid partnerships.

Felgate is a prolific user of social media and spruiks many brands and businesses in return for financial payments including across luxury cars, airline rewards, shopping centres, banks, travel, horse racing, AFL, supermarkets, dental, fashion, sporting bodies, alcohol, makeup and clothing.

ACMA confirmed it wants more information from 3AW on the matter after The Australian revealed this week that 3AW has failed to disclose her lengthy list of paid partnerships including with BMW, Chemist Warehouse, NAB, Smile Solutions, Melbourne Racing Club, AFL and many others.

An ACMA spokesman told The Australian: “The ACMA is seeking further information from the licensee in regard to this matter”.

“Based on all information received, we may then choose to formally investigate whether there has been a breach of the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2022,” he said.

“Enforcement action resulting from breaches of the Standard can vary from informal agreed measures to instituting court proceedings seeking remedies, including civil penalties.”

Nine management has spoken with Felgate about the nondisclosure of the deals, and she has been issued with the commercial guidelines to ensure they are met.

She hosted 3AW’s afternoons program on Wednesday, but did not mention the fallout regarding her lucrative paid deals.

The station’s host Neil Mitchell addressed the matter on his mornings’ program on Wednesday after receiving “a lot of emails” from listeners asking why he had not spoken about it.

A listener named Dale wrote, “Neil, why hasn’t the Jacqui Felgate controversy been raised? You say you’re impartial and investigate all issues, it seems that doesn’t extend to 3AW controversy”.

Mitchell replied, “Grow up, Dale for heaven’s sake.”

He told listeners the disclosure of the deals had since been published on 3AW website and it’s the “end of the issue”.

“I haven’t spent time on it today, there’s a helluva lot more important things happening in the world,” Mitchell said.

Nine told The Australian this week the lack of disclosure of Felgate’s deals was “an innocent oversight”.

Disclosure is required for individual deals worth $25,000 or more per year.

Felgate has 258,000 Instagram followers and has not promoted any products in her posts since news broke of the station’s lack of disclosure.

On the 3AW site it now declares that she has 12 declared commercial partnerships including with BMW, NAB AFL Auskick, Maybelline, Chemist Warehouse, Chadstone shopping centre, Melbourne Racing Club, Ceres Life, All Kinds, La Roche Posay, Villawood Property, Off The Track and Smile Solutions.

Under ACMA’s commercial radio disclosure standards, presenters must declare their commercial arrangements and they are then uploaded onto the station’s website.

Felgate has been among a rotating roster of hosts presenting 3AW’s afternoons program from June after the station sacked Dee Dee Dunleavy.

The latest ratings for the slot show it has fallen – it is now 11 per cent – down from 12.9 per when Dunleavy was in the hosting chair.

Felgate was last week announced the station’s new drive host and in a press release the station said she was a “multi-award winning journalist with 20 years’ experience in broadcast radio and print”.

Despite the falling ratings in the afternoons slot, station manager Stephen Beers said 3AW’s audience had embraced her.

“The 3AW listeners have embraced Jacqui over the past 18 months during her stints on breakfast, afternoons and hosting our Friday night AFL coverage,” he said.

“She’s an outstanding appointment and will continue the great tradition of breaking news on 3AW drive.”

Felgate will replace drive host Tom Elliott, who will take over from mornings’ host Neil Mitchell when he departs his program at the end of the year.

Nine was also forced to update Felgate’s list of commercial deals after it stated she was in a paid deal with NAB.

That has now been amended to say the deal is with NAB AFL Auskick and this includes Felgate promoting Auskick via her social media channels and also taking part in appearances.

A Nine spokeswoman said they would not comment on discussions with ACMA and had no further comment.

Originally published as Nine Entertainment-owned station 3AW could face penalties if it has breached the radio guidelines for not declaring Felgate’s deals