SYDNEY radio station 2DAY FM could soon face criminal charges over its role in broadcasting interviews with nurses at King Edward VII Hospital in London, related to the birth of Prince George, which may have led to a suicide.
The High Court on Tuesday released its decision in an appeal by the Australian Communications and Media Authority against Federal Court rulings the authority did not have the power to make an "administrative determination" that a criminal offence was committed.
The authority had maintained that the Sydney radio station had breached New South Wales surveillance devices laws by broadcasting interviews which it failed to get the consent of the hospital staff interviewed.
That recording of two presenters interviewing hospital staff, was gained under the pretence that one of the presenters was the Queen of England, calling to check in on the state of the Duchess of Cambridge and the birth of Prince George.
The court found the authority did have the power to issue an administrative determination that a licensee had committed a criminal offence as a preliminary to taking enforcement action, despite such a finding not proving the criminality of the offence.
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