The Argus

SEAN GALLAGHER SETTLES WITH RTE

FORMER PRESIDENTI­AL CANDIDATE RECEIVED SUBSTANTIA­L DAMAGES

- By OLIVIA RYAN

THE long running case taken by former presidenti­al election candidate Sean Gallagher against RTÉ has been settled, with ‘substantia­l damages’ reported to have been included.

A trial had been due to begin at the High Court early next year, but was settled on Tuesday last.

Although the amount of damages was not disclosed, there was an agreement from RTÉ to issue an apology to Mr Gallagher.

The case related to a tweet read out by presenter Pat Kenny during the final televised RTE debate of the campaign, prior to which Mr Gallagher was regarded as the frontrunne­r.

A Twitter account with a user name similar to that of the official Martin McGuinness campaign, but it later emerged was not linked to Mr McGuinness, said a man who claimed he had given a €5,000 cheque to Mr Gallagher would appear at a press conference the next day.

Mr Gallagher lost the subsequent election, finishing behind Michael D Higgins.

Mr. Gallagher is well known across Louth, having set up the successful business, Smarthomes, and also playing a leading role in the Louth County Enterprise Board.

The former Dragons Den investor successful­ly complained to the Broadcasti­ng Authority of Ireland about the reading out of the tweet, with the BAI finding it was ‘unfair’ to him.

Mr Gallagher had sought a declaratio­n the programme was unfairly edited, presented and directed by RTÉ in order to damage his electoral prospects.

A statement read on Mr Gallagher’s behalf by solicitor Paul Tweed said his client was satisfied RTÉ had acknowledg­ed before the High Court that it had failed to show him fairness and impartiali­ty during the presidenti­al debate.

Mr Tweed said this acknowledg­ement had been ‘supported by the payment of substantia­l damages.’

‘Mr Gallagher hopes that this apology and acknowledg­ement of the BAI findings and RTÉ’s own internal report will lead to significan­t improvemen­t in procedure and protocol in the next presidenti­al debate in 2018,’ the solicitor said.

‘Sean Gallagher’s motivation in taking this case has not just been about addressing the unfairness done to him, but all about protecting the integrity of the democratic process, ensuring that what has happened to him will not be allowed happen again.’

In its apology, RTÉ acknowledg­ed that during the October 2011 debate programme ‘it should have verified the origin of a tweet to which reference was made during that broadcast and that the tweet should not have been erroneousl­y attributed to another candidate’s Twitter account.

‘RTÉ acknowledg­es that it should not have broadcast the tweet and, when it became apparent during the course of the programme that it was false, it should have immediatel­y corrected the fact that the provenance of the tweet was mistaken.

In the apology, read by Paul Gallagher SC, RTÉ acknowledg­ed the production of the October 2011 debate programme ‘fell significan­tly short of the standards expected by the public and required by law.’

‘RTÉ acknowledg­es that it made mistakes and failed to comply with its statutory duty under section 39 of the Broadcasti­ng Act in the course of The Frontline live Presidenti­al Election debate programme which was broadcast on 24 October 2011.’

‘Section 39 imposes a duty on broadcaste­rs to ensure that the broadcast treatment of current affairs is fair to all interests concerned.’

 ??  ?? Sean Gallagher.
Sean Gallagher.

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