2Day FM ‘royal prank’ in hands of media authority

Kaitlin Thals
Mar 04, 2015, updated Mar 04, 2015

ABC

The High Court on Wednesday has cleared the way for Sydney’s 2Day FM to face serious penalties – including the cancellation of Southern Cross Austereo’s (SCA) broadcasting licence – over a “royal prank” call to a London hospital where two presenters posed as the Queen and Prince Charles.

2Day FM radio co-hosts Mel Greig and Michael Christian received global criticism in December 2012 after they made a prank phone call to the hospital where the Duchess of Cambridge had been admitted during her pregnancy.

The pair asked to be connected to the Duchess’ ward, where she was being treated for acute morning sickness.

• Nurse ‘scanned the net’
• Mel Grieg asked to testify at inquest
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• ‘Royal prank’ radio station remains silent

The woman who unknowingly connected the call, nurse Jacintha Saldanha, 46, was found hanged three days later, leaving behind a suicide note which blamed the radio hosts.

Nurse Jacintha Saldanha took her own life following the prank phone call in 2012. Photo: ABC

The Australian Communications and Media Authority (ACMA) ruled the station had breached the law by broadcasting the call without the consent of the other party.

It considered the station had breached New South Wales surveillance laws with the prank call.

The radio station then successfully took legal action against the ACMA in the Federal Court, which found the authority had no power to determine matters of a criminal nature.

But on Wednesday morning the High Court overturned that decision, finding the media watchdog did have the power to rule if a criminal offence had been committed.

It found the ACMA did have power to make an “administrative determination” that the station had committed a criminal offence, as a preliminary to taking enforcement action under the Broadcasting Services Act.

The court found that in making the determination, the authority was not exercising judicial power.

In a statement released by SCA on Wednesday, it said: “It is wrong for the broadcasting regulator to be able to itself decide whether a commercial television or radio broadcaster is guilty of committing an offence against any Australian state, territory or Commonwealth law, including laws where the ACMA has no expertise, experience or jurisdiction.”

Radio DJ Mel Greig breaks down during a TV interview.

“Today’s decision by the High Court of Australia, which reverses the unanimous decision of the Full Federal Court concerning the power of the ACMA to judge the criminal guilt of broadcasters, means that there is a serious defect in Australian broadcasting law.

“This is an important issue for the entire commercial broadcasting industry which is why Free TV Australia and Commercial Radio Australia sought to intervene in the case. Southern Cross Austereo will join with other broadcasters in seeking to have the law changed as a matter of urgency.

“It is important to note that the case dealt only with the power of the ACMA under the Broadcasting Services Act and did not consider or make any findings about the conduct of SCA or 2Day FM.”

The statement continued: “SCA was informed by the NSW State Police and the Australian Federal Police late last week that they have completed their investigations of the recording of the prank call by 2Day FM and have concluded that the recording of the prank call by 2Day FM did not breach the NSW Surveillance Devices Act, the Commonwealth Telecommunications Interception Act, or any other law.”

“These findings by the police forces who have the jurisdiction, experience and expertise to investigate the lawfulness of the recording of telephone calls is consistent with the position of SCA that the making, recording and broadcast of the call did not breach any law, code or regulation.”

Christian and Greig both apologised for their actions in the wake of the scandal, saying they were devastated by Ms Saldanha’s death.

Greig also voluntarily flew from Australia to London to attend the inquest into the nurse’s death, making a statement to the court and apologising personally to Ms Saldanha’s family.

Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or Suicide Call Back Service 1300 659 467.