Australia’s High Court has upheld a ruling that radio station 2Day FM broke the law by airing a hoax call to a hospital which was treating Kate Middleton for morning sickness.
DJs Mel Greig and Michael Christian made international headlines in 2012 when nurse Jacintha Saldana who fell for their prank later killed herself.
On March 4, the High Court overturned a previous decision which cleared 2Day FM.
The station could now be fined or see its license suspended or revoked.
2Day FM said Wednesday’s decision “means that there is a serious defect in Australian broadcasting law”.
The High Court ruling upheld an earlier finding by the Australian Communications and Media Authority (ACMA) that the station broke the law by not obtaining consent to air the call from either of the hospital staff featured.
Mel Greig and Michael Christian called King Edward VII’s Hospital in London on December 2012 pretending to be the Queen and Prince Phillip.
Nurse Jacintha Saldana, 46, answered the call and transferred it to a colleague, who gave details of Kate Middleton’s condition. Following widespread media coverage Jacintha Saldanha was found hanged three days later.
ACMA had ruled in November 2013, nearly a year after the prank took place, that the radio station had broken the law by broadcasting the call.
The station successfully sued the ACMA in the Federal Court, arguing that the media watchdog did not have the authority to decide whether a criminal offence had been committed and overturned its decision.
Wednesday’s High Court ruling reverses that Federal Court decision, finding that the ACMA does have that power. The authority can now decide whether to issue a penalty to the station of a fine or suspension of license.
In February 2013, the UK’s Crown Prosecution Service said there was no evidence to support a charge of manslaughter against Mel Greig and Michael Christian.
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