Could Australian hosts face lawsuit over Middleton prank?
Legal panel weighs in on the case
- Duration 7:00
- Date Dec 10, 2012
Legal panel weighs in on the case
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But tell escorted back in session on the docket today the radio DJs who prank called the duchess of -- -- hospital.
Just since -- Donna a nurse at that hospital.
Was reported dead late last week of an apparent suicide.
Just days after she transferred that prank phone call to Kate Middleton nurse apparently and obviously not realizing that it was a joke.
Now the Australian -- behind the prank call are off the air.
After offering some tearful explanations as to what went wrong.
Unfortunately I remember that moment and very well -- haven't stopped thinking about it.
Since it happened and I'm in my first question was what's your mother.
When you found -- that she wants to teach children had to.
Very sorry and saddened for the family and I can't imagine whether -- be going through.
And what -- that you -- -- -- and he -- it.
-- or could.
It wasn't about trying to fool someone coming we just assumed that.
We've with their voices that we put on.
You know we wouldn't we were going to get told often and and that was to get -- -- us.
There is nothing that can make me feel worse than what I feel right now -- what I feel for the family.
We did so I'm sorry if this is happening today.
Despite the apology.
Due -- or their radio station face a possible lawsuit here.
And now least -- was a Fox News legal analyst and -- -- mark I blush was a former prosecutor now defense attorney panel welcome.
So there's a question about whether the radio station to get in trouble can get its license yanked potentially.
Whether they can get sued for defamation.
For re playing this over and over again.
It you know making the nurse looked bad and then there's -- the real question which is.
-- -- potentially be even a wrongful death lawsuit against this this radio these radio host or their station least let me start with you on any at all.
That it's possible here's what -- have to prove if you're either plaintiff or criminal prosecutor foresee abilities that the radio station and or the DJ -- could have -- -- that this hoax this horrible hoax went completely awry could have resulted in death.
Or you know there was something akin to -- it -- reminds me may -- of the bullying cases we've talked about you know we get on the computer and you bullying you -- you bullet.
Yes as a first amendment rights but at a certain point point it's -- -- manner -- place restriction on the First Amendment it could be possible here though maybe not likely.
I mean -- if you're going to charge this radio station or these DJs with that or accused them in a civil court of wrongful death.
Of this nurse market then you are going to have to accuse every television program.
Every news anchor every radio.
DJ across the world who -- played its.
And had a laugh over it was every -- supposed to know that this nurse was likely to kill herself because she be so embarrassed about what happened.
Absolutely not this to me is so not reasonably foreseeable that I'm waiting for them to come out and say we're just kidding she really didn't -- -- because.
I can't believe that this actually happened.
I think a juror would encourage any juror any reasonable juror would agree this was not reasonably foreseeable nobody even thought that they get through.
And -- to hold them responsible quite frankly.
Is it would be irresponsible.
And also I think curtail our freedom of speech.
At least I know that now that this that this nurse has taken her own life and she was a mother according to the reports.
It's true tragic it is -- here but hindsight is 20/20.
And I mean how -- these DJs to foresee.
That a nurse who was I mean practical jokes and I happen all the time and now all the naysayers will come out on -- for shame for -- it's inappropriate.
I mean really you foresee that the woman's connect.
Take her -- her old life over a prank that resulted in no -- to any.
Well I mean if it's it's really -- hard case to make -- -- that is the legal standard they would have to show and it's very hard I'm assuming there are a lot of other things going on in this nurses like.
Other than this prank call but Mark Grace -- it kind of made my point for me.
Which is they didn't think that -- gonna get through when they when they call that auto industry know that their opponent be hung up on be it well clearly that's not what happened that day.
Why is that it's because with all due respect to that nurse she made -- -- she is no question she hadn't done and where at least and I part company is her bringing up these bullying cases to plausibly analogy -- This case to those completely is without merit those bullying cases it is reasonably foreseeable that the frail teenager or the personal hasn't come out yet.
Will eventually take harm to himself.
This a grown nurse who was ranked by -- DJ thanks and put on national -- and international air lease can you are and obviously this nurse had mental it values other than we're telling our invaluable and he -- -- -- it.
A set a sound person would not their own life after being yes publicly embarrassed obviously -- she didn't -- -- she was fooled.
There she didn't do anything wrong with malice but.
You know the the reaction was so extreme what.
What court of law would ever hold that radio station responsible for -- prove a sound individual would have may be sued in the civil court at that at the mouse and that -- -- it because of the embarrassment the emotional distress and all of that so.
And what's the answer then no more pranks in our society and none at all.
No -- -- -- that I agree but this is not that example this was tragic but it's and and very regrettable.
But not their responsibility this is on her last question I -- ask you any chance that the duchess Kate Middleton -- -- the radio station.
Obtaining confidential information about her condition under false pretense it's right that's that's they're having to exhibit a is this as.
I don't know if anyone's responsible.
It's the hospital and the good that comes out of this is obviously the protocol in the vetting -- -- screening the calls needs to be improved.
I don't know I think in my if I mean she's not going to let's face it she's she's.
Cannot sue the hospital you're sure they would like to put this behind them but.
I don't know if you read about that she might have -- -- got -- on the phones apparently mother along on the -- -- I need to know whether look at the hospital first of why they didn't catch up slightly ridiculous accent that you have dirty that's ridiculous.
Let me let -- -- before -- do you agree that there may have been -- violations of sort of the code -- governing radio operators they may potentially have some slap on the wrist on it from.
You know the answer is no accident now I -- series and mark in England if this happened in England yes they have to get the permission of the person who they put on the air in Australia they don't have that same.
-- -- we will watch OK at least mark the debate thank you thank you --