This time ACMA pings Hadley: over privacy rules

2GB in trouble with the regulator again

In statement released today, released after 11 months of investigation, the ACMA has found that “Harbour Radio Pty Ltd, the licensee of Sydney radio station 2GB, has breached the privacy provisions of the Commercial Radio Australia Codes of Practice 2011.”

It found found that material relating to a person’s personal or private affairs was used when that person’s full name, street address and suburb of residence were broadcast during the Ray Hadley Morning Show on 25 November 2011. These details were sufficient to identify the person.

“The broadcast of a person’s name and address without consent is a breach of the privacy protections under the codes,” said ACMA Chairman, Chris Chapman.

The report of the incident included the following transcript of Ray Hadley‘s on air comments about the complainant:

Um, in the meantime, um, just for the benefit of people joining me here, I notice there are two police officers outside. That would relate to a lunatic who has been writing for about the last five years the most vile letters to myself and Alan Jones. In fact, when a member of our staff was gravely ill, that fellow wrote a letter, that I got a copy of, saying ‘I hope you die’. That’s the sort of person we’re dealing with. Now, his name is [X], he lives on [road] at [suburb]. When I came downstairs they told me he’d been abusing Alan from outside the broadcast, so what I did, I walked outside, ‘Officer, g’day, nice to see you both’. I walked outside and told Mr [X] that I’d stick his head up his bum and use him as a jug handle unless he went. So if you’d like to take that statement down I’d be more than happy to supply it and write underneath, ‘Mr [X] belongs in a mental institution, he’s a vile character and I have the documents at work where he’s wished people who’ve been ill who have worked for us would die. The most vile character and he’s mentally ill. So officers, you’ve got a lot more things to do than worry about that bloke, I can assure you.

The ACMA says that 2GB will discuss the facts of this case and the ACMA’s findings with all presenters and producers of its current affairs programs, and will incorporate the findings into its training sessions.

The ACMA’s statement also says that it will not be taking any enforcement action on this occasion as it considers that 2GB’s action in response to the ACMA investigations are commensurate with the breach (bearing in mind that this is the first such breach by this licensee, there is no current indication of systemic issues and the licensee has co-operated with the ACMA).

The investigation also found that 2GB failed to comply with the codes’ complaint-handling requirements. Complaints-handling procedures have been improved following a recent review of processes conducted since the broadcast.

Investigation report 2773 is available on the ACMA’s website.