Radio broadcasters at Nine warned to declare commercial partnerships following Jacqui Felgate sponsorships saga

Two of Nine Radio’s top stations are being scrutinised by the media regulator amid the saga involving 3AW host Jacqui Felgate’s 12 lucrative deals that were not disclosed.

Two of Nine Entertainment’s top radio stations are being scrutinised by the media regulator after failing to disclose broadcasters’ lucrative commercial deals.

The development occurred just days after it was revealed newly appointed Melbourne 3AW drive host Jacqui Felgate’s 12 paid partnerships had not been declared.

The media regulator, the Australian Communications and Media Authority (ACMA), has confirmed to The Australian that it is seeking “further information” about Brisbane station 4BC’s compliance with the broadcasting standard after multiple deals only appeared on the station’s website last week.

The deals include paid partnerships held by breakfast host Mark Hine, afternoons host Sofie Formica and fill-in host Bill McDonald, whose four deals have since been deleted from 4BC’s website.

Last week, the Australian revealed 3AW’s failure to declare Felgate’s deals – worth a minimum of $25,000 each – on its website, and drew attention from the media regulator and fallout across other Nine stations.

3AW broadcaster Denis Walter. Picture: Les O'Rourke

Melbourne station 3AW has also since disclosed a deal held by nights host Denis Walter, who has a paid partnership with Melbourne mattress business Tempur Australia.

Nine Radio, headed by managing director Tom Malone, last week sent email correspondence to presenters at all its stations – 3AW, 2GB, 4BC and 6PR – asking them to declare all their commercial arrangements. Consequently, 20 deals across three stations – 3AW, 2GB and 4BC – appeared online within days.

An ACMA spokesman confirmed the commercial deals held by 4BC talent were the latest to be scrutinised to determine whether a formal investigation would be launched.

“The ACMA is seeking further information about 4BC’s compliance with the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2022,” he said.

Commercial agreements include when a presenter promotes the sponsor or their products, ­services or interests and if the standard is not adhered to it can result in court proceedings and ­financial penalties.

Nine Radio managing director Tom Malone.

Felgate, who begins the drive shift in 2024, has partnerships with companies and sporting organisations, including BMW, Chemist Warehouse, Melbourne Racing Club, NAB AFL Auskick, Smile Solutions Maybelline and Chadstone shopping centre.

Under the disclosure standards, commercial partnerships worth a minimum of $25,000 must be declared.

Felgate has 262,000 Instagram followers and frequently plugs brands on her account and also hashtags businesses who provide her with freebies, including clothing and weekend stays.

Among her deals is a lucrative partnership with Smile Solutions, which encourages customers to use the discount code, “JACQUIFELGATE” over the phone in order to claim a $1500 comprehensive Invisalign teeth treatment. Felgate, usually a prolific user of social media, has not ­posted any paid partnership posts on her Instagram account since last week.

3AW broadcaster Jacqui Felgate promoting Maybelline makeup products online. Picture: Instagram

It remains unclear whether she will continue with her deals, but a Nine spokeswoman said there remained “a period of transition, where she has to honour existing third party agreements, as we move towards her taking on Drive in January 2024”.

Felgate will replace Tom Elliott in 2024, when he replaces Neil Mitchell, who is departing his mornings’ program at the end of the year.

Mitchell, who has never had any paid commercial partnerships as a broadcaster outside of paid media work, said he “wouldn’t do it”.

“I’ve never done any live advertising and never had any sponsors,” he said.

“Plenty of people have done it in the past (had commercial partnerships) without any problems, she’s (Felgate) just got more than most have, but it shouldn’t be a huge issue if they handle it properly. Provided it’s declared I think that’s OK … but look I wouldn’t do it, I’m a bit of a dinosaur, but I made that decision a long time ago.”

4BC host Sofie Formica. Picture: Annette Dew

Dr Denis Muller, a senior research fellow at the University of Melbourne’s Centre for Advancing Journalism, said 3AW’s failure to disclose the deals was a “pretty serious oversight”.

“If they have to list them and they haven’t, they are putting their licence in jeopardy,” he said.

“Of course, they have to list them because there’s a risk if there’s a story that affects any of the sponsors, not only does it have to be listed on the website, the presenter needs to declare this live on air,” Dr Muller said.

Other deals disclosed last week include some at Sydney’s 2GB, where Bill Woods ­revealed two paid partnerships with Subaru and with rugby league club the Canterbury Bankstown Bulldogs.

Both these deals only went on the station’s website in recent days.

In Brisbane, 4BC fill-in host Bill McDonald also disclosed four paid partnerships on the station’s website, but they were later removed.

It is understood that this is ­because the deals didn’t exceed the $25,000 threshold per partnership.

Nine Radio was asked a series of questions about the commercial arrangements, but did not comment.