Federal Court dismisses Today FM challenge | ACMA

Federal Court dismisses Today FM challenge

The Federal Court today found in favour of the Australian Communications and Media Authority in the matter of Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority.

His Honour Justice Edmonds decided that the ACMA is empowered to make a finding that Today FM breached a condition of its licence by recording and broadcasting a prank call to King Edward VII’s Hospital in London in December 2012.

‘The ACMA welcomes this decision,’ said ACMA Chairman, Chris Chapman.

‘It provides clarity over the operation of the licence condition that prohibits broadcasters from using their broadcasting service in the commission of an offence. The Federal Court confirmed that the ACMA has the power to form an opinion as to whether a broadcaster has breached the licence condition, independently of any conviction for a criminal offence.’

The decision paves the way for the ACMA to finalise its investigation.

For more information please contact: Emma Rossi, Media Manager, (02) 9334 7719 and 0434 652 063 or media@acma.gov.au.

Media release 85/2013 - 7 November

21 Nov 2013- On 19 November 2013, Today FM lodged an appeal from this decision to the Full Federal Court.  The date for the hearing of the appeal has not yet been fixed and so is not yet known.

On 14 March 2014, the Full Court of the Federal Court of Australia found in favour of Today FM in the matter of Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority, setting aside the judgment and orders of the Federal Court of Australia given on 7 November 2013.

The ACMA is reviewing the judgment in detail before determining what further steps it may take.

Last updated: 26 February 2015