The High Court of Australia has this morning ruled that 2DayFM, its parent company Austereo and its DJs Mel Greig and Michael Christian broke the law in 2012 on broadcasting a prank call made to the London Hospital where Duchess of Cambridge Kate Middleton was being treated for severe morning sickness, sparking an onslaught of international outrage that would play a part in the suicide of nurse Jacintha Saldanha.
To set the scene: following an independent inquest into Saldanha’s death in the UK, a subsequent investigation by the Australian Communications and Media Authority (ACMA) was conducted. It was then ruled that 2DayFM had breached New South Wales surveillance laws by broadcasting the prank call without prior consent of the two nurses who answered the call, a decision that 2DayFM then successfully overturned in the Federal Court.
It’s that latter verdict that a panel of six High Court judges today reversed, finding in favour of ACMA’s initial judgment and granting them the power to punish broadcasters for any illegal activity.
As a result, the Sydney Morning Herald are reporting that Austereo could now lose or endure a suspension of their broadcasting licence. ACMA will now deliberate on the sanctions it deems appropriate.
If you speak legalese with ease, you can read the High Court’s full verdict here. Either way, this doesn’t bode well for the quota of inane advertisements and pop music alike that needs to be met on Australian airwaves.
For help or support in Australia, contact Lifeline on 13 11 14 or visit www.lifeline.org.au or the Suicide Call Back Service on 1300 659 467.
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