Playing Status Quo has landed Adelaide radio station 5DN in hot water with the Australian Communications and Media Authority (ACMA).
It has ruled playing the rehashed Coles version of 1975 hit Down Down was a breach of the commercial radio advertising guidelines because it was dressed up as music rather than advertising content.
It is the first breach of a standard which came into force last May, and was initially targeted at talk radio hosts.
ACMA chairman Chris Chapman said: “Long-form musical advertisements like this are a relatively new innovation in radio advertising.
“During the investigation, the ACMA remained conscious of the need to balance the regulatory requirements for advertising with industry's drive for innovation and competition in radio advertising.”
According the ACMA it breached the code because it was played in the Classic Hits show without any announcement about it being an advert.
Whilst the licensee Southern States Broadcaster said a pre-recorded announcement cued to play before had been hiot with a technical fault and was not aired, ACMA concluded the code does not allow for exemptions for technical issues.
Other ARN stations 2UUS, 3KKZ and 4KQ were also investigated for playing the same song, but were cleared because they did play the announcement.
