Christian, Grieg |
The Federal Court of Australia has found that broadcast
regulator, the Australian Communications and Media Authority can determine
whether radio station 2DayFM breached its licenses condition or committed a
criminal offense when it aired what has become known as the Royal prank call last December.
According to The Hollywood Reporter, 2DayFM owner Southern Cross Austereo had asked the court to
find that ACMA was overreaching its powers if it determined a breach of
2DayFM’s license. Instead SCA argued the courts, rather than broadcast
regulator, should determine if any local laws had been broken.
In December 2012, 2Day FM dj’s Michael Christian and Mel
Greig called the hospital where Kate Middleton was staying while suffering from
morning sickness.
Jacintha Saldanha |
During the on-air call, the duo pretended to be Queen
Elizabeth II and Prince William's father Prince Charles. British nurse Jacintha
Saldanha took the call and fell for the ruse, passing the phone to a colleague
who divulged information regarding Middleton’s condition. The prank made global
headlines and Saldanha died of an apparent suicide several days later.
"The ACMA welcomes this decision," said ACMA
Chairman Chris Chapman. "It provides clarity over the operation of the
license condition that prohibits broadcasters from using their broadcasting
service in the commission of an offense. The Federal Court confirmed that the
ACMA has the power to form an opinion as to whether a broadcaster has breached
the license condition, independently of any conviction for a criminal
offense."
ACMA is now set to finalize its investigation.
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