Can the ACMA shut down 2DayFM?

2day fm sydneyThe courts will soon decide whether the ACMA has the power to determine if Sydney radio station 2DayFM broke the law over its disastrous Royal prank. With the station’s licence in the balance, Megan Reynolds investigates in a piece that first appeared in Encore.

This month when the Federal Court reviews 2DayFM’s application to block the Australian Communications and Media Authority from investigating a radio prank gone horribly wrong, it will be a landmark case. It will determine whether the regulator has the power to investigate and make findings about a criminal matter, even where the police have not.

Professor Mark Pearson, an academic specialising in media law, says: “The investigation is in the public interest, and the fact ACMA is proceeding with this matter shows it has the intent to act in the public interest and the station, by taking these proceedings, will show what the limits of that are.”

It’s the latest twist in a tragedy which has divided the industry for the last six months. The same goes for ACMA’s involvement. While the likes of Pearson argue that such an investigation is in the public interest, this week, the ABC’s Media Watch presenter Jonathan Holmes suggested ACMA is attempting to act as “prosecutor, judge and jury” on a criminal matter.

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