Sydney radio station 2Day FM has lodged an appeal in another attempt to stop the media watchdog’s investigation into the ‘royal prank’ scandal.
The legal action comes less than two weeks after Justice Richard Edmonds dismissed 2Day FM’s arguments and gave the green light to the Australian Communications and Media Authority (ACMA).
The appeal will take place on February 15 with the Southern Cross Austereo (SCA) owned station to argue that Justice Edmonds’ conclusion that ACMA has the power to determine whether the station committed a criminal offence was incorrect.
According to a Fairfax report the broadcaster will argue that the judgement was unconstitutional.
SCA went to court in June after ACMA’s preliminary investigation found the station may have breached the Surveillance Devices Act.
On November 7, Justice Edmonds rejected SCA’s arguments and ruled in favour of ACMA.
The prank call scandal saw two radio DJs call the London hospital where the Duchess of Cambridge was being treated for morning sickness. The duo tricked nurse Jacinta Saldanha, who later committed suicide, to transfer their call through to Kate Middleton’s hospital ward by impersonating members of the royal family.