Courts / Dublin / Report

Gilroy's action over RTE debate an attempt to "enhance electoral prospects", judge finds

Date
2019-05-14
Stage
Hearing Or Decision
Primary locality
Dublin
County
Dublin

Summary

In a High Court ruling on 14 May 2019, Mr Justice Senan Allen dismissed an independent candidate Ben Gilroy's legal challenge against RTE's decision not to include him in a live debate for the European Parliament elections. Gilroy had sought declarations that the exclusion was unfair, undemocratic and breached Broadcasting Authority of Ireland regulations, claiming it gave an advantage to established politicians. RTE argued that its selection criteria—such as prior election to the EU Parliament, Dáil, or achieving more than 5% in a recent national election—were fair, objective and impartial. The judge agreed with RTE's counsel, noting Gilroy's application appeared aimed at enhancing his electoral prospects rather than seeking an urgent injunction. The court dismissed the case, awarded costs to RTE, and highlighted that the proceedings were not properly conceived as a judicial review. A separate action by another independent candidate, Eamonn Murphy, was scheduled for a later hearing.

Who, what, where, when and why

What: Report matter: Gilroy's action over RTE debate an attempt to "enhance electoral prospects", judge finds. Procedural stage: hearing_or_decision

When:

Case subjects

Ben Gilroy

Applicant

Outcome: Ms Justice Reynolds said that, as separate issues arose in Mr Murphy's intended action, that action should be adjourned until Wednesday to allow RTE to respond to the claim.

Eamonn Murphy

Applicant

Outcome: Ms Justice Reynolds said that, as separate issues arose in Mr Murphy's intended action, that action should be adjourned until Wednesday to allow RTE to respond to the claim.

European Parliament

Applicant

Outcome: Ms Justice Reynolds said that, as separate issues arose in Mr Murphy's intended action, that action should be adjourned until Wednesday to allow RTE to respond to the claim.

Places mentioned

Court Venue
  • The High Court
  • High Court
Secondary Mention

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

Correction or retraction request

If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.

Email a correction request