The Seven Network has taken the Australian Communications and Media Authority (ACMA) to court over the watchdog's ruling that a segment on the breakfast TV show Sunrise about the adoption of Indigenous children provoked contempt of Indigenous Australians.
In March the assistant minister for children and families at the time, David Gillespie, raised the prospect of non-Indigenous families being able to adopt or care for Indigenous children facing neglect or abuse.
Sunrise host Samantha Armytage spoke to a panel consisting of right wing commentator Prue MacSween and radio host Ben Davis, neither of whom are Indigenous, about the topic.
In the segment MacSween said that putting Indigenous children with non-Indigenous families might be right because "just like the first Stolen Generation where a lot of children were taken because it was for their wellbeing, we need to do it again perhaps".
The segment resulted in a large protest outside the Sunrise studio in Sydney, and a while later Sunrise ultimately held a second panel on the topic, with Indigenous experts.
After complaints were made about the segment, the ACMA ruled in September that Seven had breached the TV code of practice. The watchdog found that the segment set up a dichotomy of white families and Indigenous families, and suggested that leaving children with Indigenous families would be leaving them in "dangerous environments".
"The ACMA considers that it directed very strong negative feelings towards Indigenous people," the watchdog said in its ruling.
"The ACMA considers that the inclusion of inaccurate information and the sweeping
statements such as ‘they’re getting abused, they’re getting hurt and they’re
getting damaged’ and the presenter’s concluding comment ‘poor kids’, presented
the issues in a polarising and unreasonable manner which did not demonstrate
good faith."
At the time of the decision, Seven said it was "extremely disappointed" and claimed the ACMA was engaging in censorship.
Now the TV network has applied in the Federal Court for a judicial review of the ACMA's decision. The case was first set for a case management hearing yesterday, however both parties agreed for a date for submissions to be made to the court, so the hearing was vacated. No preliminary hearing date has been set.
BuzzFeed News has sought comment from Seven.