TV and radio industry calls for curbs to ACMA’s powers following nurse prank call ruling
TV and radio industry bodies have rallied around Southern Cross Austereo after this morning’s High Court judgment that the media watchdog had the authority to say 2DayFM broke the law by airing the high profile royal prank call, saying it has serious implications for the entire industry.
After this morning’s unanimous ruling SCA issued a statement claiming it meant the Australian Communications and Media Authority (ACMA) could now “judge the criminal guilt of broadcasters”, describing it as a “serious defect in Australian broadcasting law” and vowing to get the law changed “as a matter of urgency.”
The ruling means the ACMA is now free to issue a report which had been suppressed previously which finds the network breached NSW surveillance las by secretly recording and broadcasting the call. However, the company says it has been told by police there will be no criminal charges against it.
Today the ACMA welcomed the decision, but declined to say what sanctions it will look to implement, which could include suspending 2DayFM’s broadcast licence.
So the CRA had been pushing for self governance, and now it’s acting like there has been an injustice done. Whose judgement do you trust, the high court or our learned CRA friends? Perhaps the CRA could show humility and contrition instead of fighting via proxy all the way. Doesn’t matter much, radio will be dead in 20 years.
While I’m sure you are well informed on the industry “Accountant” we have all seen what happens when your kind run stations, they are likely to be the only dead stations in 20 years. There are 189 others broadcasting who intend to buck the age old line that “radio will be dead in 20 years” that has been thrown around since the 1950’s. We aren’t newspapers, we don’t bury our head in the sand when new technology comes along, we embrace and adapt.
you’d think it was time for Southern Cross Austereo to reflect on its illegal actions, the tragic consequences of its illegal actions and the toxic managerial culture that permitted those actions to occur. Obviously too much to ask of an organisation like Southern Cross Austereo.
Consider this – by SOuthern Cross’ and CRA’s reasoning it is perfectly legal for a private telephone conversation with an innocent party to be recorded and broadcast to the world without the consent of the parties to that conversation.
For the betterment of society – the death of the commercial radio can’t come soon enough.
‘“It is wrong for the broadcasting regulator to be able to decide whether a commercial broadcaster is guilty of committing an offence against an Australian state, territory or commonwealth law including laws where ACMA has no expertise, experience or jurisdiction,” SCA said in a statement.’
Except the High Court judgment specifically says: ‘in making such a determination, [ACMA] is not adjudging and punishing criminal guilt. The Court also held that, in making a determination, the Authority is not exercising judicial power.’
I’m unclear on how the CRA reasonably propose they are regulated?
I find it ironic that an organisation like the ACMA, more often than not accused of being toothless, when they finally do get some authority to act, the CRA want them stripped of powers.
I don’t think ACMA will take away 2Day’s licence, nor do I think it should, but I do believe that somebody has to impose standards on broadcasters who are clearly unwilling to do so themselves. SCA admitted it did not seek permission from either of the women whose voices it put to air. One of them is now dead. You can argue about the station’s level of culpability for that (if any), but there has to be some sort of penalty to acknowledge that SCA broke the conditions of its licence — and that it did so at a time when it was already on notice for previous breaches. By supporting SCA, CRA and other broadcasters are basically saying they want to participate a race to the bottom in terms of standards; that anybody and anything is fair game as they fight to retain market share against online competition. They have been granted licences and precious broadcast spectrum, they should use it responsibly.