The Commonwealth DPP’s decision to not attempt prosecution of 2UE for standards’ breaches means it is “open slather for cash for comment”, according to the ABC’s ‘Media Watch’, which says the Federal Government does not appear to care about the issue.

The program says John Laws was “caught red handed breaking the rules against cash for comment”, but the ABA announced last week that on the evidence available, there would be no reasonable prospect of a conviction of Radio 2UE Sydney Pty Ltd in relation to breaches of the commercial radio disclosure standard, and the matter would not be approved for prosecution.

Media Watch says “… these words pack a mighty punch because if the ‘evidence available’ against Lawsie isn’t enough to prosecute 2UE, then it’s hard to see how cash for comment is ever going to land a radio station in court.”

With radio stations facing fines of up to $55 000 per breach, and possible loss of licence, the program asks “But, is it enforceable? Laws’ was the test case.”

Before Christmas, the ABA announced it would shortly refer the matters to the DPP for its consideration. Media Watch says it took months and, “… when the DPP finally got the papers, he decided prosecution was impossible. Why? Because the law says 2UE has to answer for the sins of its presenters. John Laws can’t be prosecuted, only his radio station …”

For a successful prosecution, it would have to be proven that Radio 2UE engaged in conduct with the requisite criminal intention. Media Watch says “… that’s hard because 2UE probably didn’t even know what John Laws was doing. The ABA has known all along that it’s a near impossible legal challenge to fine a radio station over cash for comment, let alone cancel a broadcasting license.

“And, that’s why they originally asked the Government to give it other, simpler ways of punishing these sorts of breaches – like yanking presenters off air for a while or ordering advertising-free periods …”

The ABA has announced it is working on a proposal to Government to expand the range of civil law sanctions, which might be appropriate for dealing with breaches of standards. Those proposals will be put to government before the end of the year.

Media Watch says, in the meantime, “… we’re really all back where we were before this issue blew up five years ago: it’s open slather for cash for comment again, with no sign that the Government cares”.