After a disastrous start to the week with the release of Survey One, there was finally some good news for 2Day FM.
The full bench of the federal court today upheld the station’s defence team’s argument that the ACMA did not have the authority to rule on whether 2Day had broken the law by broadcasting a call to the Duchess of Cambridge’s ward at King Edward VII’s Hospital in London in December 2012.
A few days after the incident, a nurse who put the hoax call through to the Duchess’ room, Jacintha Saldanha, took her own life.
Today’s decision follows an appeal by 2Day FM, overturning a previous ruling in November last year. The federal court has also ordered that the ACMA pay 2Day’s legal costs.
Any station found guilty of breaking the law is automatically deemed to be in breach of the broadcast codes. However unless 2Day is charged by police and convicted in a court of law, it cannot be considered to have broken the law.