Ban on media choppers flying above Melbourne CBD is overturned by Federal Court

Media outlets have had a ‘victory for common sense’ after a court overturned a ban which prevented them from providing live coverage of Melbourne’s protests.

Media outlets have argued the decision by CASA limits their ability to live-broadcast Melbourne’s ongoing protests. Picture: David Crosling

Media companies are again allowed to fly their helicopters over Melbourne’s CBD and livestream aerial footage after a ban to stop the standard practice was scrapped.

On Thursday in the Federal Court, media outlets including Nine Network Australia Pty Ltd, Seven Network Ltd and the Australian Broadcasting Corporation argued against the decision made by the Civil Aviation Safety Authority on Wednesday, which prohibited their ability to live-broadcast the city’s ongoing protests.

Seven’s director of news Craig McPherson said the decision to overturn the ban was a win for the TV networks and viewers.

“It’s a victory for common sense and it should have never had gotten to this point,” he said.

Sky News Australia is also supplied vision from the media chopper and the broadcaster’s chief executive officer, Paul Whittaker, welcomed the court ruling.

“We are not a police state,” he said.

“The default position in an open society should be the free flow of information to provide an independent view of what’s happening on the ground.

“The public should have confidence that there is a full and transparent perspective of what’s happening”.

Judge Helen Rofe told the hearing that the restrictions imposed on Wednesday would no longer apply and the matter be referred for a further hearing at a later date.

CASA on Wednesday approved a request by Victoria Police to stop all aircraft – except police helicopters – flying over Melbourne’s CBD on the third day of the anti-lockdown protests.

But within an hour of the decision being made, and following a huge backlash from media outlets, the restrictions were wound back, instead requiring broadcasters to first get approval from Victoria Police if they wished to fly a helicopter over the CBD.

Media also remained prevented from livestreaming any aerial vision from Melbourne’s protests until 9am on Sunday, but could air the footage 60 minutes after taking it.

Legal counsel Will Houghton QC, representing the three broadcasters, told the hearing in front of Justice Rofe that CASA wasn’t authorised to delegate power to a state body, such as Victoria Police, to enforce such specific restrictions against the media.

“The media being the eyes and the ears of the public, we would submit, cannot be muzzled or censored in that task by having to go to Victoria Police first to seek an approval each time we want to lift our helicopter into the air for the dissemination of news around the country,” he said.

“Secondly it can’t be censored by Victoria Police by a refusal of approval when operations are proceeding within the city of Melbourne.”

The media helicopter is a shared arrangement between Channel 7, Channel 9, the ABC and Sky News, and footage is broadcast across their channels.

Mr Houghton went on to argue all citizens had a right to know what was happening in Melbourne, to allow them to determine whether or not they should go about their daily business.

He said there was “no imminent danger to public safety” by broadcasting live footage and questioned the validity of the NOTAMs (notices to airmen) restricting media from livestreaming aerial footage from their helicopter.

Mr Houghton said it was an “abuse of power” by CASA as a regulatory authority by putting that “power in the hands of Victoria Police quite impermissibly and quite unlawfully”.

Peter Hanks QC, representing CASA, told the court the restrictions were “in the interest of public safety and the safety of aircraft”.

“This is a very wide power and it’s dependent on an opinion formed by the regulator, the Civil Aviation Safety Authority,” he said.

“That authority is charged with responsibility for maintaining, enhancing and promoting the safety of civil aviation.”

The next hearing date is yet to be set.