RTÉ must present requested documents to Sean Gallagher

Sean Gallagher (right) on the Frontline presidential debate alongside Sinn Féin candidate Martin McGuinness

The High Court has ruled that RTÉ must provide Sean Gallagher with certain documents sought by him for his action against the broadcaster arising from the “Tweetgate” incident during the 2011 Presidential Election campaign.

Mr Gallagher sought several documents, including one created between the broadcast of the Frontline debate on 24 October 2011 and 18 November 2012, when a report of an internal RTÉ review of the broadcast was published.

RTÉ opposed the action. It claimed the request was too broad and amounted to a “trawl” of documentation that would put the station to extra cost.

In his judgment, Mr Justice Paul Gilligan said that Mr Gallagher is entitled to be provided with the documents he is seeking from RTÉ as part of his case.

Mr Gallagher’s lawyers had asked the court for orders compelling RTÉ to discover certain categories of documents because they were unhappy with the scope of documents that RTÉ was prepared to make available to them.

They sought documents created between the broadcast on 24 October 2011 and 18 November 2012, when a report of an internal RTÉ review of the broadcast, conducted by Rob Morrison, was published.

They also wanted material received by RTÉ via the “McGuinness4president” Twitter account, which was subsequently put to Mr Gallagher; documents recording RTÉ’s protocols and guidelines for the verification of information used during broadcast; all documents relating to Mr Morrison’s review and an unredacted copy of that review.

Mr Gallagher also wanted all documents created prior to November 2012 relating to identification and selection of audience members and to questions to be asked by those.

RTÉ, who opposed the motion, was only prepared to discover materials generated either on the date of the debate or in the week afterwards.

RTÉ’s lawyers said the broadcaster was happy to provide Mr Gallagher with all materials relevant to the claim.

Mr Justice Gilligan in his judgment said that limiting discovery to documents created on the date of or within the subsequent week of the broadcast would be “too restrictive” and would “run the risk of doing an injustice” to Mr Gallagher.

The judge said he was also satisfied Mr Gallagher was “not seeking to engage in a fishing expedition or general trawl of RTÉ’s documentation”.

He did not accept compliance with orders for discovery would prove to be “unnecessarily costly” for RTÉ or lengthen the litigation.

Documentation generated in the time frame sought by Mr Gallagher’s lawyers was appropriate for the fair disposal of the proceedings, the judge added.

Mr Justice Gilligan adjourned the matter for a week to allow both sides consider his judgment.

Source: RTÉ

Gallagher taking High Court action against RTÉ over controversial Frontline programme

Sean Gallagher with his wife Trish

RTE “deliberately” tried to “alter the course” of the presidential election in favour of Michael D Higgins, his defeated rival Sean Gallagher has claimed in explosive High Court documents.

Mr Gallagher, runner-up in the election to Mr Higgins, has significantly upped the stakes in his battle with RTE arising out of a hugely controversial Frontline debate programme.

The former Dragons’ Den star has made a series of dramatic claims which RTE sources are adamant will be vigorously contested.

Mr Gallagher has accused RTE of “constituted targeted malice” that effectively took him out of the 2011 presidential race. He claims RTE “deliberately” sought to “promote the electoral chances of Michael D Higgins” and to damage his own electoral chances.

And he accuses RTE of “improper or ulterior motive” to “alter the course” of the election in favour of the President.

Mr Gallagher claims the controversial Frontline programme set out to “damage” his electoral chances, was “grossly unfair” to him and “lacked any objective standards of editorial fairness”.

This time last year Mr Gallagher – who was residing in Blackrock at the time – announced his intention to seek a High Court declaration that the programme, aired on October 24, 2011, was neither objective nor impartial nor fair to his interests.

He also said he was seeking damages for alleged breach of statutory duty and negligence and exemplary damages arising out of subsequent comments by Frontline host Pat Kenny.

At the time RTE confirmed that a plenary summons had been received and said there would be “no further comment”.

However, in correspondence with Mr Gallagher over a year ago, RTE rejected the substance of his claims and confirmed its intention to contest the proceedings.

Yesterday sources at the national broadcaster stressed that RTE remained steadfast in its intention to contest the proceedings.

Last week the High Court was told that Mr Gallagher was seeking all documents relating to the programme. The discovery application will be heard in full on February 11 next.

A High Court hearing on Mr Gallagher’s claims is scheduled to be heard later this year.

In March 2012, the Broadcasting Compliance Committee deemed the RTE broadcast of a “fake” tweet to be unfair to Mr Gallagher. In November that year, RTE published an internal review of the Frontline debate that identified serious editorial failings.

The Sunday Independent now understands Mr Gallagher claims a series of alleged failures against RTE in relation to the broadcast of the fake tweet.

On broader issues surrounding the programme, he claims that RTE interfered with and redrafted questions asked of candidates and allowed the questions to be asked in an unfair and unequal manner.

He claims RTE “organised” the debate so that he was the only candidate to be asked three challenging audience questions, whereas other candidates, such as Michael D Higgins, were asked none.

The debate was organised, he claims, to change the course of the election.

He also accuses RTE of failing to ensure audience members were objectively selected and claims that the method of audience selection was not transparent, systematic and clearly recorded.

He also claims RTE failed to have a senior editorial figure in charge of the debate to ensure editorial and compliance issues during the course of the debate and failed to implement and uphold proper journalistic standards as a national public service broadcaster.

Source: Sunday Independent