SEAN GALLAGHER SETTLES WITH RTE
FORMER PRESIDENTIAL CANDIDATE RECEIVED SUBSTANTIAL DAMAGES
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.’