Did 2Day FM break the law?

10 December 2012

Professor Barbara McDonald considers the legal implications of the controversial 2Day FM prank call to King Edward VII Hospital in London.

Speaking to ABC TV's Breakfast, says that that 2Day FM may have breached state laws, as well as the commercial broadcasting code as the radio code requires consent before conversations are broadcast, and state laws also offer protection.

"New South Wales has a surveillance devices act which says that a person must not record a private conversation - and a private conversation in NSW includes a conversation to which they are a party," she asserts.

"So you're not able to record a conversation that you're having with someone else without their consent."

Further information - 2Day FM in crisis over prank call 'tragedy' - ABC TV Breakfast (video available)

Contact: Greg Sherington

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