We didn't break rules, says radio boss

MEETING THE PRESS: Southern Cross Austereo CEO Rhys Holleran answers a question during a press conference in Melbourne yesterday. PIC: William West/AFP Source: AFP

Police officers stand outside the King Edward VII's hospital following the death of a nurse who took a hoax call concerning the Duchess of Cambridge's treatment. The nurse, named as Jacintha Saldanha, was one of two hospital staff who were responsible for inadvertently revealing details of the pregnant duchess's medical condition to two Australian DJs. Picture: Oli Scarff/Getty Source: Getty Images

THE boss of the radio network at the centre of the royal hoax suicide controversy has defended prank calls as part of the "craft", as a government watchdog moves to investigate the incident.

A visibly shaken Rhys Holleran, chief executive of Southern Cross Austereo, expressed the network's "deep sorrow" over the death of British nurse Jacintha Saldanha on Friday, just days after she answered a prank call from two Sydney radio hosts pretending to be the Queen and Prince Charles.

Ms Saldanha connected the call from presenters Mel Greig and Michael Christian to the private nurse at the London hospital who was caring for the Duchess of Cambridge, who had been admitted with acute morning sickness.

Mr Holleran yesterday confirmed the pre-recorded prank had been signed off by management and was legalled before it was aired.

He was satisfied the company's procedures around prank calls had been adhered to, but he would not detail what they were.

"We're confident that we haven't done anything illegal," Mr Holleran said.

"Prank calls as a craft in radio have been going for decades and decades. They're done worldwide. "It's easy to make judgment with the benefit of hindsight, but I think we shouldn't rush to judgement.

"Our concern is for (Greig and Christian's) welfare. These people aren't machines, they're human beings. We will make sure that their wellbeing is the priority for us."

A station spokeswoman yesterday said the pair were"deeply shattered" by the news of the suicide and fears were held for their "physical and emotional wellbeing".

The 2Day FM hosts have been accused of having blood on their hands amid an international outcry over the incident.

A station spokeswoman said: "We have real, genuine concerns for their wellbeing and state of mind. They are getting medical assistance."

All advertising was temporarily suspended from the radio station late yesterday after Coles and Telstra pulled their commercials.

The Australian Communications and Media Authority is investigating whether station owner Southern Cross Austereo had breached its licence conditions or media codes of conduct.

And the presenters also face questioning from NSW police after a formal request from Scotland Yard.

Technically they also breached the NSW Surveillance Devices Act, which prohibits the publishing of a private conversation obtained using a "listening device".

But leading criminal law specialist Bill Whitby yesterday said it was unlikely the radio hosts would face charges over the prank in Australia or Britain.

He said there was clearly no "guilty intent" shown in relation to the nurse's death.

And commercial radio's long and mostly unprosecuted history of prank calls would likely shield the pair from prosecution under the local legislation.

The most likely outcome was another sanction for radio station 2Day FM from the Australian Communications and Media Authority.

The regulator is examining whether station owner Southern Cross Austereo had breached its licence conditions or media codes of conduct.

The station was inundated with complaints from around the world yesterday.

ACMA has the power to remove licences or impose conditions, and its chairman Chris Chapman yesterday confirmed the authority would be "engaging" with 2Day FM Sydney.

The prank was at first largely reported as cheeky but harmless, including by Prince Charles, who made light of the hoax by quipping to reporters: "How do you know I'm not a radio station?"

The Palace yesterday released a statement in which Prince William and wife Catherine expressed their "deep sadness".

"Their thoughts and prayers are with Jacintha Saldanha's family, friends and colleagues at this very sad time," the Palace said.

A Palace spokesman said the royals had not complained nor expressed concerns about the prank call.

Jeff Kennett, the chairman of the national depression initiative beyondblue, said he hoped the Australian public would support the two radio hosts involved in the prank.

"When they did this they had no intention to cause harm, it was a harmless prank," Mr Kennett said.

"Now they will be under extraordinary pressure and I just hope that they get our support and that their employer provides them with the professional support to help them get through what will be a terrible few weeks."

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