2DayFM claims ACMA ‘royal prank’ report is prejudicial

2DayFM 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.