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Australia’s High Court has upheld a ruling that radio station 2Day FM broke the law by airing a hoax call to a hospital which was treating Kate Middleton for morning sickness.

DJs Mel Greig and Michael Christian made international headlines in 2012 when nurse Jacintha Saldana who fell for their prank later killed herself.

On March 4, the High Court overturned a previous decision which cleared 2Day FM.

The station could now be fined or see its license suspended or revoked.

2Day FM said Wednesday’s decision “means that there is a serious defect in Australian broadcasting law”.

The High Court ruling upheld an earlier finding by the Australian Communications and Media Authority (ACMA) that the station broke the law by not obtaining consent to air the call from either of the hospital staff featured.DJs Mel Greig and Michael Christian 2Day FM

Mel Greig and Michael Christian called King Edward VII’s Hospital in London on December 2012 pretending to be the Queen and Prince Phillip.

Nurse Jacintha Saldana, 46, answered the call and transferred it to a colleague, who gave details of Kate Middleton’s condition. Following widespread media coverage Jacintha Saldanha was found hanged three days later.

ACMA had ruled in November 2013, nearly a year after the prank took place, that the radio station had broken the law by broadcasting the call.

The station successfully sued the ACMA in the Federal Court, arguing that the media watchdog did not have the authority to decide whether a criminal offence had been committed and overturned its decision.

Wednesday’s High Court ruling reverses that Federal Court decision, finding that the ACMA does have that power. The authority can now decide whether to issue a penalty to the station of a fine or suspension of license.

In February 2013, the UK’s Crown Prosecution Service said there was no evidence to support a charge of manslaughter against Mel Greig and Michael Christian.

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2Day FM’s Hot 30 programme, the Australian radio show that made the hoax call to the hospital treating pregnant Kate Middleton in December, has been cancelled.

2Day FM’s Hot 30 programme had been taken off air following the death of nurse Jacintha Saldana, who was found hanged after forwarding the call.

The broadcaster said a new show, hosted by a different DJ, would fill the slot.

Michael Christian and Mel Greig, the DJs who made the call, were still employed by the station, it added.

The pair have been on leave since the incident and a music-based show without a host DJ has been broadcast in their show’s place.

“We look forward to Mel and MC returning to work when the time is right, in roles that make full use of their talents,” said Rhys Holleran of Southern Cross Austereo, owner of 2Day FM.

“We will discuss future roles with them when they are ready.”

2Day FM's Hot 30 programme, the Australian radio show that made the hoax call to the hospital treating pregnant Kate Middleton in December, has been cancelled

2Day FM’s Hot 30 programme, the Australian radio show that made the hoax call to the hospital treating pregnant Kate Middleton in December, has been cancelled

Kate Middleton was being treated at King Edward VII’s Hospital for an extreme form of morning sickness when Michael Christian and Mel Greig made their prank call pretending to be members of the Royal Family.

Jacintha Saldana answered the call and put them through to another nurse who gave an update on Kate Middleton’s condition.

Jacintha Saldana was found hanged at her home three days later.

Last month the Australian media watchdog launched a formal inquiry to examine whether any broadcasting rules had been breached.

2Day FM also pledged to give at least 500,000 Australian dollars from its advertising profits to the family of Jacintha Saldana.