ACMA among those responsible for hospital prank fallout

Sadly, few of those outraged over the Kate Middleton hospital prank will understand that the presenters responsible are not journalists but entertainers. For that role they are covered by the Australian Communications and Media Authority (ACMA) and not the ethics of Media and Entertainment and Arts Alliance…

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2Day FM hosts Mel Greig and Michael Christian must be held to account by ACMA. AAP/Southern Cross Austereo

Sadly, few of those outraged over the Kate Middleton hospital prank will understand that the presenters responsible are not journalists but entertainers. For that role they are covered by the Australian Communications and Media Authority (ACMA) and not the ethics of Media and Entertainment and Arts Alliance (MEAA).

If they were covered by the MEAA, warning bells would have rung well before the piece was put to air. Such a prank does not fit with the journalistic rules of honesty, fairness, independence and the rights of others.

Kate’s health might have great public interest, but any woman in the early stages of pregnancy deserves privacy and to be kept safe from the stress of the public gaze. If the presenters were journalists, they would have had to pay attention to an ethics clause that says, “Do not allow advertising or other commercial considerations to undermine accuracy, fairness or independence”.

And that’s the main point of this. The decision to put that prank to air was commercial. The presenters at the centre of the hospital prank were out to win in a cut-throat ratings city.

But just like the contestants in The Hunger Games, the ones who are really to blame are those behind the antics: the audience members who voted overwhelmingly that it was a good gag, and the program directors, company directors, and lawyer who approved it going to air. The lawyer decided there was nothing illegal in the actions, but did anyone in the room reviewing the pre-recorded program piece have a moral compass?

Sadly, the only way to get a moral compass for some, it appears, is to be threatened with big stick. So here is another potential villain in this saga: ACMA. If the Australian Communications and Media Authority had had a track record of being stronger, then perhaps someone would have stopped that piece going to air.

ACMA is the same body that sent Alan Jones for “fact” training, and gave John Laws a mere reprimand for the cash for comment scandal. If ACMA had taken a harder line with these matters and with Kyle Sandilands for his foul comments to a rape victim and subsequently a female journalist, would someone at Austereo have stopped to think harder and longer about putting this piece to air?

It’s not as though episodes like this were not already on the radar for Australian media as being a potential ethics and legal storm. Remember when Channel Seven got in trouble for its hospital invasion in the wake of the Christchurch earthquake?

Will ACMA now consider revoking the station’s broadcasting licence? It’s unlikely.

Prank calls are for teenagers. It’s time commercial radio contributed to lifting the public discourse in this country and stopped pandering to the lowest common denominator. Maybe it’s time for breakfast radio to ditch its infantile persona and aspire to something better.

They need to do so for all of us who have had a loved one in hospital and have relied on nursing staff to tell us, “Get on a plane now” or, “It’s okay, you don’t need to worry”. I wonder how many nurses will now tell us nothing by phone until we disclose our mother’s maiden name.

I spend a lot of time in my classes talking about the need to treat people (such as nurses) with respect. I try to ensure they are fully aware of the impact of media glare on the general public, particularly those under stress.

Sadly, there will always be a percentage of media workers out there who will push the boundaries in a misguided attempt to get a scoop. Big companies including hospitals should be prepared to manage that. A couple of night duty nurses shouldn’t have been left exposed to cop the flack. This is one of the few good reasons we have public relations specialists.

But in the end, it’s media companies who must be held accountable for this kind of stunt. It’s time for ACMA to step up.

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8 Comments sorted by

  1. Carol Daly

    Director

    Oh no! Blame the government again!

    ACMA operates under a piece of legislation amended under the Howard government. It is restricted to the conditions and 'punishments' of that legislation.
    Do we remember that the Murdoch press, Alan Jones and talkback radio had enormous influence over the terms of any legislation relating to media passes in Howard's time? And continue to want to set the agenda!

    Your point about the responsibility of company directors, program managers AND radio broadcasters is that they should aspire to something better, like respect for people in the community, here and internationally, who do real jobs for people.
    Don't wonder why people rate journalists with second hand car salespeople!

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  2. John Saunders

    Academic

    How sad that once again self righteous politically(?) 'correct' thinking drives the response to this undoubted tragedy. The problem is in the assumption that the teenage prank actually caused the poor woman's death. I am not a philosopher but surely the assumption of a link that the prank caused the subsequent suicide and thus the originators of the prank are in someway responsible for that sad event, must be a step too far!
    Then there's the absolutely chilling phrase:

    "Sadly, the only way…

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    1. Mike Swinbourne

      logged in via Facebook

      In reply to John Saunders

      I agree John.

      When this prank was originally revealed to the wider community - not just the original listeners - there was a mixed range of reactions, from those who found it humourous, to those who found it to be childish and in poor taste.

      However, now that someone at the centre of the prank has died - and it has not yet been established that the pranks was in any way responsible - then the self righteous brigade are out in force.

      Of course the decision to put the prank to air was commercial…

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    2. Sean Lamb

      Science Denier

      In reply to John Saunders

      Concerning privacy laws, I think you are allowed to give out non-sensitive information to family members - and since that is who the nurses thought they were dealing with then there is no issue there.
      If someone rings me up at work and says "I'm the paeds reg can you tell me about patient X", provided they have some identifying information about the patient (at a pinch just a date of birth is sufficient) then I will answer all the questions I am able to. It would never occur to me think it was a couple of DJs. I have never had the Queen ring up, so I am not sure how I would react in such a situation.
      The whole incident was the type of molehill that hospitals have an insane genius for turning into a mountain. Whenever I hear the magic words "What if..." at work, I know that following sentences will describe some convoluted series of events that would result in me having sole responsibility for the entire children's ward being wiped out by Ebola virus

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  4. Jerome Harris

    logged in via Facebook

    There is a similarity between this incident and the killing of a gay man after he revealed his secret crush on the Jenny Jones show (1995):

    http://en.wikipedia.org/wiki/The_Jenny_Jones_Show#Controversy

    http://www.nytimes.com/1999/05/08/us/talk-show-ordered-to-pay-25-million-after-killing.html

    and the Jerry Springer show where the husband murdered his wife:

    http://www.independent.co.uk/news/world/americas/jerry-springer-guest-charged-with-murder-707517.html

    in both cases, lowest-common-denominator “shock” entertainment media could be seen to have caused unintended consequences – in the first case costing $25M.

    My understanding is that music radio DJs are there to play music and talk about music - if they are going to phone up random people and lie about who they are, for low-grade laughs - then they have to be held responsible for any consequences of that- unintended or not. What if they phoned in a bomb threat "as a prank"? Would that be funny?

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  5. R. Ambrose Raven

    none

    Yet again it exposes ACMA as a useless do-nothing regulator desperate to avoid enforcing decent standards.

    In this case, ACMA obviously sees a need to be seen to be doing something ("The Australian media watchdog is considering fast tracking an inquiry into Sydney radio station 2Day FM over its prank call to the London hospital caring for the Duchess of Cambridge last week") – but 2Day FM can be reassured that it will all be dropped once public attention passes.

    In that context note how Lord…

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