The ACMA is unlikely to take nurse suicide into account

Comment from Peter Saxon. With findings from the ACMA inquiry into the ‘Royal Prank Call’ at least a month away, speculation as to the result has reignited with the release of the suicide note from nurse Jacintha Saldanha. The mother of two has named the Today Network pair as the culprits writing, “I hold the Radio Australians Mel Greig and Michael Christian responsible for this act. Please make them pay my mortgage.”

Most people I’ve spoken to find the note strange in that it poses more questions than it answers. The full text is reprinted at the bottom of this article. Many suggest that the note doesn’t quite read right – as if they knew how a suicide note should read. Also, many seem to be labouring under the misapprehension that, having been named by the victim, the two announcers and the Today network are guilty of either a crime or at the very least a breach of their licence conditions administered by The ACMA.

Neither is true. The truth is, the nurse was not murdered, she died of her own hand. If Greig and Christian are held responsible, that is up to the police, and the London branch have already stated that they have no case to answer.

For the ACMA, the suicide should not come into their deliberations at all as their remit is to focus on what actually happened in relation to the broadcast codes and standards they administer.

As the ACMA stated when it launched its investigation in December last year, The investigation will focus on the compliance of the licensee, Today FM Sydney Pty Ltd, with its licence conditions and the Commercial Radio Codes of Practice.

Nor is the ACMA concerned with Grieg or Christian. As ACMA Chairman, Chris Chapman noted, ‘The ACMA’s formal regulatory relationship is always with the relevant licensee (and not the presenters of any broadcast in question). The ACMA will be examining whether the licensee has complied with its broadcasting obligations.’

The ACMA has also made it clear that it will make no further comment until the investigation is complete. However, my advice from sources with strong regulatory experience is that the focus of the investigation is likely to be whether or not proper permission (as called for by the code) was obtained by the 2Day-FM on-air/production team from the nurses that were broadcast.

So far, 2Day is suggesting that it had called the hospital back to get permission. The hospital has denied that any such call was received, while it finds itself facing criticism that it’s procedures were at fault for not having a dedicated phone operator rostered on who is trained to detect and deflect hoax calls of this kind.

Meanwhile, the coroner in the inquest, has warned all parties she will not accept “adversarial issues” to cloud proceedings.While a broad based inquiry continues in London, in Sydney, the ACMA is pulling its lens into narrow focus to shed light on the actions of 2Day-FM and the licence conditions that already weigh down its saddle bags.

Next week, radioinfo will publish an indepth interview with ACMA Chairman, Chris Chapman.

The suicide note…

“Please accept my apologies. I am truly sorry. Thank you for all your support.

“I hold the Radio Australians Mel Greig and Michael Christian responsible for this act. Please make them pay my mortgage.

“I am sorry.  Jacintha.”

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Peter Saxon