2DayFM back in court claiming ACMA acted as ‘accuser and fact finder’ in royal prank call case
The ongoing legal battle between 2DayFM and the Australian Communications and Media Authority (ACMA) returned to the Federal Court today with the radio station arguing a preliminary or final report on the ‘Royal Prank’ call incident by the watchdog should not be allowed to be released as it oversteps its bounds.
In front of a full bench of Federal Court 2DayFM’s counsel Noel Huntley SC argued the ACMA was acting “as both the accuser and the fact finder” and not subject to same standards of evidence as a judicial court.
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.
I can not believe ACMA’s argument in this. The licence condition is to not breach any laws but criminal courts decide if criminal laws are broken, not broadcasting regulators!!!
ACMA needs to wait for there to actually be a finding of illegality before pursuing this licence condition, plain and simple.