2Day FM lodge an appeal over ACMA ruling

Staff Writer

Two weeks after the Federal Court ruled in favour of the ACMA, allowing the media watchdog to now conclude its investigation into 2Day FM and its handling of the royal prank call, SCA have now lodged an appeal seeking to have the decision overturned.

In the station's Notice Of Appeal, lodged on November 19, it will now argue that Justice Edmonds erred in concluding the communications watchdog had the power under the Media Authority Act, to find that a broadcaster had committed a criminal offence. It will claim that such a judgment was unconstitutional.

It will also argue that the judge was mistaken in concluding that such a finding would not interfere with any future criminal proceedings that may result from an ongoing Australian Federal Police investigation into the matter. It will say the fact that no such criminal proceedings are yet under way does not matter.

2Day FM wants the decision overturned and the restrictions on the ACMA it originally wanted put in place.

The appeal will be heard on February 15.

Read more in the Sydney Morning Herald.

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