I always knew I was in trouble with my mother when she called me by my proper name. So when The Australian Communications and Media Authority calls what we all know as fox 101.9, 3FOX, you know they’re displeased about something.

In legal terms; ACMA has found the licensee of Melbourne commercial radio station 3FOX, Austereo Pty Ltd, breached the Commercial Radio Australia Codes of Practice 2004 by broadcasting the words of an identifiable person without that person’s consent.

In lay terms; ACMA received a complaint from a woman who was featured in a prank phone call on The Matt and Jo Show on 22 April last year. The woman alleged that a conversation between her and her boyfriend, which she believed to be private, was recorded and then broadcast by Fox the following day without her consent.

It happened as part of a regular segment on Fox called Its Time to Go and involves a listener phoning someone they live with to try to convince that person that they want them to move out. If he or she is successful then both parties win a load of cash as Matt and Jo let the other party in on the prank.

But on this occasion, the woman didn’t see the funny side and when she complained to ACMA, neither did they. They found, “that the licensee had breached clause 6.1 of the codes as it broadcast the words of an identifiable person that had been recorded without the knowledge of the person and that person had not subsequently expressed consent to the broadcast of the words prior to their broadcast.”

In response Austereo has implemented a new system whereby the express approval of every contestant or participant is recorded before their words are broadcast.

Management have reminded 3FOX staff of the intent and operation of clause 6.1 of the codes and that the appropriate practice is always to obtain clear, express consent prior to broadcasting any identified person’s words.

Austereo’s general managers and content directors were informed of ACMA’s finding and reminded of their obligations. Last month Austereo also undertook training sessions in which the network’s obligations under the codes were strongly reiterated to all operational staff.

ACMA has decided not to take any further action at this time but has said that it will continue to monitor the licensee’s future performance to ensure that the above actions result in future compliance with the provisions of clause 6.1 of the codes.