2DayFM is accusing the Australian Communications and Media Authority of breaching the Australian Constitution by investigating its licence breach, as we reported earlier on radioinfo. The ACMA’s formal investigation into the broadcast by 2DayFM of a prank call to King Edward VII’s Hospital in London is being challenged by the radio station in the Federal Court.


The court has now set a start date for the hearing of September 19.

The investigation will focus on the compliance of the licensee, Today FM Sydney Pty Ltd, with its licence conditions and the Commercial Radio Codes of Practice.



In opening the investigation, the ACMA had decided to exercise its discretionary powers under section 170 of the Broadcasting Services Act 1992 to commence an ‘own motion’ investigation.


Southern Cross Austereo (SCA) Chief Executive Officer Rhys Holleran said at the time the investigation was announced:

“Southern Cross Austereo welcomes the opportunity to participate in the ACMA investigation and will fully co-operate.” 

But it appears that is no longer the case, with 2Day now in court fighting the ACMA inquiry.

Documents obtained by the ABC reportedly show that SCA is arguing the inquiry would be “inconsistent with the separation of executive and judicial power” in the constitution.

They are also arguing that the ACMA should be permanently restrained from concluding there was an offence or a licence breach.

ACMA is fighting the orders.