Sydney radio station 2Day FM has every right to pursue its legal action against the broadcasting watchdog, according to a media legal expert.
Justine Munsie (pictured), partner at Sydney-based Addisons Lawyers, told B&T that the station's pursuit of the Australian Communications and Media Authority (ACMA) in an attempt to halt the investigation into the infamous royal prank "makes sense".
The stoush between the station and the watchdog over the prank call investigation will go to the Federal Court in September.
Munsie believes that 2Day FM has to pursue the action against ACMA, and depending on the outcome, could prove a very important one for all media companies.
"The way I understand it, this is a matter to be prosecuted by the relevant authorities, it’s not a suitable matter for the regulator ACMA to be investigating,” she told B&T.
“It’s a very important action for all media companies, because ACMA purported to investigate matters in the past, but I think a lot of media organisations have previously considered whether ACMA should be making these determinations. The real question is whether ACMA can skip the process of proper prosecution and go straight to being prosecution and regulator?"
With this question now set to be decided in the Federal Courts, Munsie thinks the legal action “could set an important precedent for media in Australia."
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