The Nine Network and some of its most senior executives are at risk of conspiracy charges in the wake of the botched kidnapping attempt in Lebanon.
While Lebanese authorities are still considering charges against the freed 60 Minutes crew that flew to -Lebanon to film the -attempted abduction, legal experts have identified a further threat confronting the network and its executives under Australian law.
It can also be revealed that the network last night cancelled plans to air a special edition of 60 Minutes tomorrow that would have featured footage from the Lebanon operation. It is understood Nine decided not to air the story this week due to legal issues. A key concern is that the crew could yet face charges in absentia. 
The latest threat to Nine is from the law of conspiracy in NSW, which carries the risk of prison sentences. This common law doctrine applies to those who agree to commit an unlawful act, regardless of whether that act takes place in another country, according to criminal law specialist Luke McNamara of the University of NSW. And while proving a conspiracy is normally difficult, Professor McNamara said courts had drawn inferences in the past from evidence and subsequent conduct.
The risk to those inside the network coincides with an internal inquiry by two former executives. They are reviewing the circumstances that led to -reporter Tara Brown and her crew filming Brisbane mother Sally Faulkner as she tried to retrieve her two children from her estranged husband, Ali Elamine.
After the abduction attempt failed, and Ms Faulkner surrendered her custody rights in return for charges being dropped, it emerged that Nine had paid $115,000 to Adam Whittington, the man who conducted the -operation. One payment of $69,000 was made by bank transfer from TCN Channel Nine Pty Ltd to Mr Whittington's company in Sweden, IPCA Ltd.
Mr Whittington is in jail -facing charges with his crew, Craig Michael, Mohammed Hamza and Khaled Barbour. They have been charged with kidnapping and criminal conspiracy, offences that carry maximum sentences of 20 years in prison.
Research on the affair prepared for Brisbane silk Anthony Morris QC raises the prospect the network itself could become entangled in any conspiracy proceedings.
"It is uncontroversial that corporations (in this case Channel Nine) are 'persons' for the purposes of offences within the Crimes Act 1900 (NSW)," the research says. "The large amount of money involved in the commission of the 'recovery' attempt also suggests that higher management within Channel 9 were involved in the commission of the recovery attempt, satisfying the common law requirement of the offence being committed by a 'directing mind' for imputing liability to Channel 9." Mr Whittington's lawyer, Joe Karam, told AAP last night: "There was a contractual arrangement between Channel Nine and Adam. Adam was not the brains behind this. The mother, Sally Faulkner, was the brains and Channel Nine was the financier." Nine said it had no comment on the risk of legal action in Australia. Professor McNamara said all that was needed in order to prove a conspiracy was a shared intention and agreement by the parties to commit an offence.Evidence of the payment of money followed by steps to put the plan into effect were examples of the type of evidence that might be relied upon to build a case, he said. In NSW, liability for a conspiracy arises as soon as an agreement is reached. There is no need for further steps to put the plan into effect. The maximum penalty for conspiracy to commit a kidnapping is 14 years' jail, the same as if it took place in NSW.