2DayFM wins appeal to suppress an ACMA report into ‘Royal Prank call’
2DayFM has won its appeal to suppress a report prepared by the Australian Communications and Media Authority (ACMA) over the ‘Royal Prank call’ incident, which is understood to have found the broadcaster performed a criminal act by broadcasting it.
This afternoon a full bench of the Federal Court sided with the Southern Cross Austereo-owned network which had argued the ACMA had overstepped its bounds by acting as “accuser and fact finder” in creating the report.
The case relates to the death of nurse Jacintha Saldanha, who took her own life in December 2012 after she had put through a prank call by hosts Mel Greig and Michael ‘MC’ Christian, who were impersonating Prince Charles and The Queen, to the ward where the then pregnant Duchess of Cambridge was being treated for acute morning sickness.
It is understood both the preliminary report and now the final report, which the court heard has been finalised since the November ruling, finds that 2DayFM had breached the NSW Surveillance Devices Act when it broadcast the prank call in December of 2012.
Today’s ruling means the ACMA is not able to release the report, and it is not certain whether the authority will lodge a further appeal in the case. It also upholds contentions from 2DayFM’s lawyers the watchdog is not able to make findings that a criminal offence has been committed, only whether a licensee has breached its licence conditions.
It also makes the possibility the station will face tough sanctions like a total broadcast ban more unlikely, especially if the watchdog decides not to appeal the decision, and would need to be granted leave to appeal before more proceedings could be instigated.
SCA CEO Rhys Holleran told Mumbrella the ruling will come as a relief for all broadcasters, as it sets limits to the powers the ACMA is able to exercise. He added: “If we’re going to be found guilty of a crime it should be before a judge.
“It’s just an authority felt they had the power to look at the matter and make a judgement themselves.”
The latest appeal is the second time 2DayFM has been in court over this matter, with the company appealing a November decision by Justice Richard Edmonds who had dismissed arguments the preliminary report had the potential to prejudice future criminal proceedings.
The court had previously heard the final report found 2DayFM breached the law, which prohibits broadcasters playing secretly-taped conversations, by broadcasting a prank call.
Holleran added: “I was surprised we lost in round one, but I thought we had good grounds for the appeal and a 3-0 verdict from the panel of judges says we were correct. It’s not just important for us, even Commercial Radio Australia joined the proceedings because the other members had a concern the authority felt it could put itself in the position of a criminal process.”
The full judgement can be found here.
UPDATE: A previous version of this story said the proceedings had been postponed. This was not the case.
