Melbourne: An Australian radio station, involved in the infamous royal prank call that led to the death of an Indian-origin nurse in the UK, has filed an appeal whether the country`s media watchdog has the right to probe.
Two weeks ago, 2Day FM lost a court bid to block a report by Australian Communication and Media Authority (ACMA) into the call by the Sydney-based radio station that led to the death of 46-year-old Jacintha Saldanha.
The ACMA was probing if the station breached?any law by broadcasting the prank call.
Brisbane Times today reported quoting the station`s Notice Of Appeal, lodged on November 19, which said it will now argue that Justice Edmonds erred in concluding the ACMA had the power under the Media Authority Act to find that a broadcaster had committed a criminal offence.
"It will claim that such a judgement was unconstitutional," the report said, adding 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 probe into the matter.
It would also state that the fact that no such criminal proceedings are yet underway does not matter.
2Day FM wants the decision overturned and the restrictions on ACMA it originally sought put in place, the report said.
The appeal will be mentioned in court on February 15.
The federal court decision on November 7 meant that ACMA was able to go ahead with?its findings into the station`s decision to broadcast the call made last December.
2Day FM had sought to have ACMA permanently restrained from finding that the radio station breached the broadcasting licence condition that states a licensee must not use its broadcasting service in the commission of an offence.
Australian DJs Mel Greig and Michael Christian made the hoax call to the King Edward VII`s hospital in London, posing as the Queen and Prince of Wales when Prince William`s wife Kate was being treated for a rare form of pregnancy sickness.
Saldanha had transferred their call to a colleague, who then described Kate`s condition in detail. Saldanha was found dead in her room a few days after the incident, sparking a backlash against the 2Day FM DJs.