The applicants were given leave to appeal the Adjudicator’s decision that the respondent did not contravene Clause 28.3.1 of the Code for Subscription licensees. It was accepted that the first episode of the program Medical Negligence: The New RAF lacked balance as it did not include opposing views. To address this, the respondent offered the applicants a right to reply in the second episode, but the applicants declined, opting to answer written questions instead. Despite an extension, the applicants did not meet the deadline for their response to be included in the second episode. Their response was eventually broadcast in the third episode, which the applicants argued was not within a reasonable time. The Tribunal found that the applicants were given a right to respond within a reasonable time and should have been able to meet the deadline, given their awareness of the allegations and access to necessary information. The appeal is dismissed.
