The Summer 30 royal prank call: outcomes for Australian broadcasting regulation. (2nd January 2015)

• Record Type: Journal Article
• Authors: Wilding, Derek
• Is Part Of: Journal of media law. Volume 7:Number 1(2015:Jul.)
• Page Start: 92
• Page End: 107
• Publication Date: 2015-01-02
• Subjects: Australian broadcasting law -- industry codes of practice -- administrative law -- surveillance devices -- privacy -- commercial radio; Mass media -- Law and legislation -- Periodicals; Telecommunication -- Law and legislation -- Periodicals; 343.41099
• DOI: 10.1080/17577632.2015.1055946
• Languages: English
• ISSNs: 1757-7632

Abstract

Abstract : The prank call by two Sydney radio presenters who tried to speak to the Duchess of Cambridge in November 2012 was followed by the death of nurse, Jacintha Saldanha. It prompted a long-running investigation by Australia's broadcasting regulator, the Australian Communications and Media Authority, into the decision to record and broadcast, without consent, conversations with Ms Saldanha and another nurse. In March 2015 the High Court of Australia held the ACMA did not require a prior decision of a court in order to find the licensee, Today FM, used the broadcasting service in the commission of an offence under surveillances devices legislation. This cleared the way for the ACMA to find Today FM breached a condition of its license. The case resolves a question concerning the ACMA's formal powers, but the investigation also reveals deficiencies in the industry-based codes of practice.