Federal Court proceedings lodged by Today FM over 'prank call' investigation | ACMA

Federal Court proceedings lodged by Today FM over 'prank call' investigation

ACMA media release 45/2013  20 June 2013

In December 2012, the Australian Communications and Media Authority (the ACMA) commenced an investigation into the broadcast, by Today FM (Sydney) Pty Ltd (Today FM), of a prank telephone call between presenters of Today FM’s 'Summer 30' program and nurses at King Edward VII Hospital in London.

The ACMA’s investigation is considering (among other matters) whether, in broadcasting that telephone call, Today FM breached the condition of its licence that a licensee must not use its broadcasting service in the commission of an offence (clause 8(1)(g) of Schedule 2 to the Broadcasting Services Act 1992). In particular, the ACMA is considering whether Today FM breached clause 8(1)(g) of Schedule 2 by broadcasting, in contravention of section 11(1) of the Surveillance Devices Act 2007 (NSW), a recording of the telephone call.

On 18 June 2013, in response to the ACMA’s preliminary findings on this issue, Today FM applied to the Federal Court for orders restraining the ACMA from continuing the investigation and making a finding that Today FM breached that condition.

The ACMA intends to contest Today FM's application.

As this matter is before the Federal Court, the ACMA will not be making any further comment at this time about the investigation or the proceedings.

A backgrounder to the regulatory framework for this matter was issued with the announcement of the investigation and can be found here.

For further information please contact: Louise Tapsell, (02) 9334 7954 or email media@acma.gov.au

Last updated: 19 June 2016