Courts / Dublin / Report

Candidate withdraws action against RTE

Date
2019-05-15

Stage
Hearing Or Decision

Primary locality
Dublin

County
Dublin

Summary

High Court proceedings brought against RTE by independent candidate Eamonn Murphy in the European Parliament Elections have been withdrawn. Murphy had previously taken action over RTE's decision to exclude him from a live debate scheduled for May 20th and its refusal to broadcast a one-minute video clip he submitted. During the call-over, Murphy informed the court that he was withdrawing the case following correspondence with RTE, stating he had received 'undertakings' from the broadcaster. However, RTE's counsel, Niamh Hyland SC, denied that any undertakings had been given. Ms Justice Leonie Reynolds then struck out the case. This action was one of two brought by independent candidates against RTE over its decision not to include them in the live TV debate. In a separate case, Mr Justice Senan Allen dismissed a legal challenge brought by Ben Gilroy, another independent candidate running in the Dublin Constituency. Gilroy had sought declarations that RTE's exclusion of him from the debate was unfair and undemocratic, claiming it breached Broadcasting Authority of Ireland regulations. The judge ruled that Gilroy's proceedings had 'no legal basis' and were an attempt to enhance his electoral prospects. RTE denied the claims, stating its selection criteria were fair and objective. The judge found RTE's formatting of the debate to be 'sensible' and awarded costs against Gilroy in favour of RTE. The matter was adjourned and never described as concluded or finalised.

Who, what, where, when and why

What: Report matter: Candidate withdraws action against RTE. Procedural stage: hearing_or_decision

When:

May 20th Hearing Or Sentence
May 24th Other
2019-05-15 Publication

Why: RTE had not shown the video because it was in breach of the both the Broadcasting Act and Broadcasting Authority of Ireland Guidelines, the High Court heard. Court evidence reported by CNI