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2DayFM claims ACMA ‘royal prank’ report is prejudicial

2day fm sydney2DayFM has told the Federal Court that a preliminary report on the ‘Royal Prank’ call by the Australian Communications and Media Authority (ACMA) has the potential to do “enormous damage” to the radio station and prejudice any future criminal proceedings.

Justice Richard Edmonds was told that the media watchdog in issuing a preliminary report, which found 2DayFM had breached the NSW Surveillance Devices Act, was acting beyond its statutory powers and that its finding might impact unfairly any future proceedings in the criminal courts.

Bruce McClintock SC, acting on behalf of 2DayFM told the court that if the ACMA was allowed to proceed with its investigation: “there is a serious risk to the consequence of fair justice”.

2DayFM is seeking an injunction to prevent the ACMA delivering a final report, which under legislation could, the court heard, allow the ACMA to suspend or even revoke its broadcasting licence.

michael christian mel greigMcClintock told the court the ACMA was acting as the “policeman”, “prosecutor”, “judge”, “jury”, “prison warden” and “parole officer” in delivering a preliminary finding that 2DayFM breached the law in broadcasting a prank call in which hosts Mel Greig and Michael ‘MC’ Christian impersonated Prince Charles and The Queen and tricked a nurse on the ward where the Duchess of Cambridge was being treated for acute morning sickness to give out confidential information about her condition.

In the wake of the media controversy that followed, the nurse who put the call Jacintha Saldanha took her own life.

“The incident received widespread notoriety”, said McClintock, citing the global media coverage the incident received. “Nothing would be more prejudicial than the finding by the ACMA.”

“Such a finding could do enormous damage to the licencee, such that the legislature could not have intended it.”

Neil Williams SC, acting on behalf of the ACMA, told the court the regulator was acting within its powers and noted that the preliminary report was not a final determination.

“There is no basis for saying this is the final report and that it will remain unchanged,” said Williams.

“This case is far from where the ACMA is solely determining guilt,” he said.

“We are simply at the finding stage and there is no case that we are fulfilling a judicial function. ”

UPDATE: Submissions have now concluded with Justice Edmonds reserving his judgment and declining to release the ACMA’s preliminary report on the matter.

Nic Christensen

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