Legal fight expected following Kyle and Jackie O $200m implosion

The Kyle and Jackie O drama throws up a host of potential legal stoushes, given the implosion of the breakfast radio pair’s 10-year $200m contract.

Australian media law expert Michael Bradley says given the money at stake and the difficult questions over the show’s track record of arguably indecent content, any contractual fallout could easily end up being fought with lawsuits.

Mr Bradley told NewsWire Kyle Sandilands’ 14-day suspension, by network owner ARN, calls into question the station’s decency track record.

“One of the reasons I would expect this is going to go litigious is because, what are the standards of behaviour that the station could reasonably enforce against him, given what they’ve tolerated from him over the years.

“Other than murdering his co-host on air, what could he possibly do that they would then go and say ‘well that’s too far’; which seems to be what they’re saying in relation to this particular incident,” Mr Bradley said.

ASX-listed ARN Media is obliged to post price-sensitive business announcements to the share market, as it did on Tuesday in announcing Jackie Henderson “cannot continue to work with Mr Kyle Sandilands,” and that Sandilands had been suspended for 14 days.

On Thursday, a spokesman for ARN told NewsWire no updates were available on the contractual fallout.

Only broadcasters John Laws and Alan Bond ever signed contracts similar to Kyle and Jackie O, Mr Bradley said, adding the duo’s form raised immediate questions given the investment.

“At the time they were signed up it was controversial, or at least remarked upon a lot, because it seemed a big commercial risk. It would be a big commercial risk on any talent, let alone talent that volatile,” he said.

Henderson and Sandilands’ $200m contract is for 10 years to 2034. They began working in radio together in 1999.

Individual contracts, on-air decency and workplace relations facets surround the situation, Mr Bradley said.

“There will be other angles that come out of this, legal angles, which will very much depend on what the contractual arrangements actually are.

“I would expect it’s going to be lawyers at 10-paces pretty quickly.”

Last month, an on-air exchange between the pair led to Henderson crying, saying she felt attacked, and Sandilands repeatedly claiming he and other colleagues believed Henderson was distracted and not doing her job.

Since the February 20 broadcast, Henderson has been absent, and on Tuesday ARN Media announced Sandilands was suspended for 14 days for “an act of serious misconduct” in breach of contract.

“If it (the breach) is not remedied, ARN will terminate the services agreement with Quasar Media, and in that event Mr Sandilands will cease to present the Kyle and Jackie O show.

“ARN has also offered to Ms Henderson the possibility of an alternative show on the ARN network,” the company said.