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Dublin: 12 °C Sunday 19 May, 2013

Further regulatory process over Gallagher complaint is ‘not a matter for RTÉ to decide or influence’

The national broadcaster has responded to an earlier statement made by lawyers for presidential candidate Seán Gallagher calling for a public inquiry into last year’s controversial Frontline debate.

Gallagher's solicitor Pamela Cassidy speaking to the media today at the Broadcast Authorty of Ireland offices
Gallagher's solicitor Pamela Cassidy speaking to the media today at the Broadcast Authorty of Ireland offices
Image: Sasko Lazarov/Photocall Ireland

RTÉ HAS SAID that any further regulatory process around Seán Gallagher’s complaint about unfair treatment during a Frontline presidential candidate debate is not a matter for the broadcaster “to decide or influence”.

Responding to an earlier statement by Gallagher’s lawyer which called for a full public inquiry, RTÉ said it will continue to be subject to full statutory regulation.

The broadcaster said it also follows its own internal governance and management.

Gallagher said he was considering legal action as new reports about the game-changing debate emerged in today’s Sunday Independent.

The paper reports that Pat McGuirk – a member of the studio audience last October – has claimed that RTÉ producers altered his prepared question for Gallagher in a way that made it more hostile.

He told reporter Jody Corcoran: “The question they gave me was ten million per cent away from where I was, my initial question.”

Gallagher’s lawyer said the revelations were “deeply disturbing” and raised questions about the “trustworthiness and impartiality” of RTÉ.

In a statement this afternoon, RTÉ said it responded to the Sunday Independent about issues concerning Pat McGuirk. The broadcaster told the newspaper that McGuirk had expressed no concerns about the question, and had emailed the programme makers following the debate to express his satisfaction with the experience.

Today’s communication from the broadcaster also reiterated that it had fully accepted a statutory decision that it had been unfair to Gallagher on specific grounds during the same programme.

Last week, the Broadcasting Authority of Ireland upheld a complaint by Gallagher, agreeing that the “broadcast of a tweet incorrectly attributed to the official Martin McGuinness for President Twitter account was unfair to the complainant”.

The RTÉ Director General and the RTÉ Board have expressed apologies to the one-time presidential candidate for the ‘bogus’ tweet that was read out by presenter Pat Kenny and incorrectly attributing it to an official account.

The decision by the BAI was the culmination of a statutory process invoked by Gallagher through a formal complaint, said RTÉ. The statement also outlined how the broadcaster is dealing with issues arising from the incident internally:

RTÉ has instituted a full editorial review of standards and practices covering a range of issues but including the production of live audience-based programmes and the selection of audience members and questions. RTÉ is also finalising new Programme-Makers’ Guidelines including a specific protocol on uses of Social Media in programme content.

Gallagher has said he will be contacting Minister for Communications Pat Rabbitte over this morning’s reports.

Earlier: Seán Gallagher calls for inquiry over new RTÉ Frontline claims>

Read: Seán Gallagher’s statement in full>

RTE failed in obligation of fairness to Sean Gallagher, says RTE Board>

BAI upholds Gallagher complaint over Frontline tweet>

Read next:

Comments (39 Comments)

  • Ruairi 11/03/12 #

    RTE disgust me on so many levels.

    Reply
  • The central question for any investigation is whether there was collusion between elements in RTE and other parties that permitted the tweet to make into into the debate. RTE has a question mark hanging over its impartiality and thoroughness as a result of this and the Kevin Reynolds case. However, I don’t think taxpayers should underwrite an expensive multi-year inquiry and create another bundle of legal millionaires in the process. I think many taxpayers would be content with a raft of sackings from senior levels down. However, after listening to the Minister for Communications Rabbitte on the Finucane show earlier, I wouldn’t bet the house that any significant action will occur. How many in RTE and the Labour Party are interconnected?

    Reply
  • That’s a great contribution Brian. Thanks. Anymore gems?
    Now to the case in point. Mr. Gallagher wants a full public enquiry. Is that really in the interests of the public? Or just Mr.Gallagher himself. If Mr.Gallagher feels he has been the victim of a great injustice then I suggest he sues, using his own money. Bear in mind though Sean, you will be asked did you collect money from Mr.Morgan (who you derided as a convitcted fuel smuggler, yet had no issue collecting a donation from) on behalf of Fianna Faíl? I think the answer remains in the affirmative.

    Reply
    • My pleasure Andrew I’ll try to keep them coming.
      Now to your question as to whether a full public inquiry is in the interests of the public. The Minister of State for European Affairs, Lucinda Creighton http://www.breakingnews.ie/ireland/creighton-adds-voice-to-call-for-inquiry-into-frontline-programme-543132.html#ixzz1opPkA8fs seems to think so, so it would seem that it isn’t just FF and Gallagher supporters that see something wrong with RTE.

      I find it amazing that people are so wrapped up in hatred for FF and Gallagher that they completely miss the fact that RTE made a potentially election changing fuck up of the highest order. They showed a level of incompetence and poor editorial standards that is almost beyond belief. Lise Hand http://www.independent.ie/opinion/analysis/lise-hand-doubts-about-gamechanging-tweet-were-raised-in-green-room-3045695.html writes that they knew it was fake within minutes so why not RTE? This could have happened to any of the candidates and could happen again if not addressed.

      Personally I couldn’t give a shit about Gallagher but I am pissed off that RTE has had to fork out millions over the Prime Time debacle and possibly the same for Frontline. And instead of people concentrating on the totally needless wast of taxpayers money what do people complain about? Sean Gallagher and Fianna Fail for Christs sake. Are people so small minded and retarded in their thinking that whining on about a has been politician and a has been political party is more important than having a proper functioning State broadcaster?

      Here’s a gem for you Andrew, the same idiots that want to concentrate on 5 month old news and their petty political grievances will be the same morons who will be back on here complaining about RTE increasing the licence fee to cover the losses that they made through their shite reporting. If you look at some of the comments on other articles you will see that some people never once mention RTE but concentrate on past events. Not surprising really, those people obviously don’t watch RTE, they’re stuck on the History Channel.

      Reply
    • Good man Brian,I’m glad that you are at least engaging with the subject at hand rather than pre-empting what people may or may not write.
      Now, back on topic. Adam Magari below gets to the kernel of the story in his comment. Yes there should be sackings. Will there be?Probably not as this is Ireland and we don’t do accountability especially in the semi-state sector.Has Aoife Kavanagh been sacked? Probably not. That’s not public service bashing, that’s just a fact. RTE in any event is not a public service organisation ,it exists for the benefit of its employees, past and present, not the pubic.
      The real question here is, was there any political interference to do Mr.Gallagher down? I don’t believe so but of course I can’t know. Mr.Gallagher has the option of going through the courts if he wants ‘justice’ I very much doubt he will go down that road as the outcome woudnot be good for him and his lawyers will already have told him that. Right now though whatever PR company he is using is doing its job very well.
      People need to really think about whether they want what RTE now is. I don’t. I have no television and if people want what RTE produces then they should have the option of subscribing to it and paying for it and I likewise have the option not to pay for something I do not consume.
      I don’t see any great threat to democracy here, nor any grand conspiracy. All I see is incompetence and someone hoping for a payout.

      Reply
    • Andrew I don’t know if you read Phoenix magazine but they did a very good article on the whole Primetime disaster. If nobody got sacked over what can only be described as the worst case of investigative journalism and editorial oversight imaginable then you can be sure that this tweeting episode will be shunted around into obscurity. As you so rightly say “we don’t do accountability especially in the semi-state sector”.

      Reply
  • The biggest cod of all was Gallagher trying to convince us all that he was an independent candidate.

    Reply
  • Eggers 11/03/12 #

    Look this is just Seanie have sore grapes and having a check to see what he can squeeze out of the taxpayer.

    No doubt there is an editorial issue here that needs to be looked at. However it is part of the wider malaise of ineffectual media in Ireland. Gallagher may have had the truth exposed via a fake tweet and his incompetent reaction to it but he certainly was given a free pass when it came to his business dealings and the many questions surrounding them.

    Reply
  • I suppose there is no point in expecting people to discuss RTE’s incompetence and editorial standards rather than lob in stupid, irrelevant comments about Gallagher?

    Reply
    • CMD 11/03/12 #

      Brian I agree with you. See my comment on previous article on this subject. We are looking at either a sinister interference in a democratic process or incompetence of monumental proportions. Either way Pat Kenny and RTE should not get away with hiding behind the statement issued last week. There are more questions to answer.

      Reply
    • Gallagher was always a bullshitter. He saw it as a easy way for €130,000 for 7 seven years and a life pension. We all saw his p60 income. Entrepreneur indeed.. How in the name of god he managed to get so much government development money I’ll never know. I mean the whole concept of endless intrinsic ‘wiring’ of your home for convenience is bogus – its the 21st century – had they ever heard of ‘wireless technology’???
      Smarthomes was the definition of a misnomer.

      Reply
    • Eggers 11/03/12 #

      Jumpthecat.

      You know as well as I do why he was got such large state grants for a business that was 30 years behind technology.

      As for calling him an Entrepreneur, what a joke!.

      Reply
    • reading down to the third post Brian there is no point in expecting that. Sadly.

      Reply
  • mcbab 11/03/12 #

    It is the electorate who are meant to decide the out come of an election NOT a manipulated lazy television programme and presenter. Is this what we want for the future? We should get to the bottom of this and never let it happen again.

    Reply
  • Firstly, I don’t think Sean gallagher was interested in the money element of the job .
    Secondly , I believe that Rte knew what was going on and this proves that they are not independent !
    Thirdly , it’s irrelevant that it was Sean Gallagher , it just shows what effect that Rte can have on the election process .
    I doubt that Sean Gallagher is gonna be sour grapes now, but I still wouldn’t let Rte or Pat Kenny away with this underhanded sort of journalism ! !

    Reply
  • In my honest opinion, Gallagher has little to complain about, ( for censor..honestly expressed, personal opinion is a watertight defence in defamation action.) he was collecting envelopes, (censor..self admitted fact). People made up their own minds. Give it up Gallagher…you’re only embarrassing yourself. (honest personal opinion)

    Reply
  • It is all a matter of gallagher getting compensation and how much !

    Reply
  • What’s far more disturbing than the tweet is the audience management of the questions.
    I’ve had Joe Duffy researchers trying to alter my story too…. ‘in the [elite] public’s interest’ you understand.

    Reply
  • jimbo 11/03/12 #

    Only for rte we would not of found out about this,if it was something else that suited your needs would you still complain?not sticking up of neither party but i have a point

    Reply
  • @Andrew,

    There will be no accountable here. Why would there be? M. Harney, B. Aherne, John Aherne, Graine Conway were never held accountable with Leas Cross. Millions spent on a Report and where is it? Sitting on a shelf somewhere in the basement of Dail Eireann, collecting dust! My Leas Cross report on the other hand, has no dust on it! People died in that Nursing Home from neglect, with huge money from Fine Fail Government paid through contract/tender.

    I don’t want an inquiry Andrew. We can’t afford it. Yes, RTE were wrong to take the word of M McGuiness/tweet. Their arrogance thought they would get away with it. But, personally, I feel, Mr. Gallagher should sue and do his own enquiry. Yes, haul RTE in for this incompetence but please, please no enquiry as the bill will fall back on the tax payer.

    Reply
    • Eggers 11/03/12 #

      but was wasn’t the evidence proven correct about Gallagher.

      Sean is just looking for one last big pay day from state funds.

      Reply
    • @ Eggers

      Not sure what you’re asking. The evidence was/is there in the Report on Leas Cross. There are people named also. It never went further because nobody was interested and F. Fail were still in Government. Why would B Aherne bring it any further, why would M Harney bring it further. Unless one is going to own up to what went on, why would they hang themselves and bring it further.

      The families of residents in Leas Cross could not afford to go to court. They were hoping the media would help them bring the truth out, but obviously, there were more interesting things happening in the news in 2004 than poor souls in a nursing home being mistreated and dying. This was not going to make the front page (they thought/think) so to many it was not important to the outside world apart from their families.

      Reply
  • Yes lets have a public enquiry and a long legal battle to ensure that we waste even more of the already broke taxpayers money. Stop being a sore looser.

    Reply
  • Michael D. Higgins and Vladimir Putin, both elected president after the democratic process had been corrupted. Although there is no suggestion that Higgins’ fingerprints are on the deed, it was the liberal establishment who decided that he should be elected president.

    Reply
    • Wrong, It was the Irish people who decided Higgins should be President. Comparing the election of Higgins with Putin doesn’t strengthen your argument, if anything it damages it.
      Incompetence at RTE? Yes.
      A conspiracy? No.
      Karma? you couldn’t buy it.

      Reply
    • Did all the candidates receive equal scrutiny during the campaign? That is worth looking into. Certainly, there was a sense that as soon as an outsider candidate developed momentum, the establishment media developed counter momentum. In the case of RTE, informed people tell me its pro stickie outlook was well known in the 70s, and continued through the shift from Workers Party to Democratic Left. if Norris or McGuinness had won the election in similar circumstances, the Labour seniors would have flooded the airways with complaints. In the context of a national election, demands that heads should roll in RTE do not seem unreasonable. But just as in FAS, the banks, the senior levels of the public service, nothing will happen. The protective veil will be drawn, but if any private sector director should step marginally out of line… Throw the book at them would be the demands of the smoked salmon socialists.

      Reply
  • Let’s hope that Sean Quinn calls for an inquiry also about how RTE’s Prime Time deliberately misrepresented him on 3rd Nov last when they defamed him with the possible impacting of the biggest legal case ever to come before the Commercial Court.

    RTE was in receipt of the full facts from different groups of people prior to that date but choose to ignore them for the purpose of portraying a false and damaging image of one of the parties in this mammoth saga.

    See http://quinn-anglo-blogspot.com/

    Reply
    • Ah feck off with Quinn. Nothing to do with this.

      Reply
    • Faceless man, is that the best you can d?. Actually it has everything to do with Quinn and anyone else who was defamed or misrepresented by RTE. Your name suits you.

      Reply
    • Eggers 11/03/12 #

      Whatever RTE did or didn’t do, what ever the current Govt. did or didn’t do or even the last one. They did not borrow billions for Quinn. He blew up his own house.

      Reply
    • Eggers, you clearly are falling for the spin that Anglo is making you, I and everyone else pay for. Have you not followed the Preliminary Hearing where evidence was given that Anglo was effectively running the Quinn account for the illegal purpose of propping up its own share price b “shovelling ” enormous sums of money at Quinn. You have a lot to learn but I dont think that you will have that long to wait for all the grubby details of the greatest junk bank of all times to emerge. Isn’t it strange that Europe can see what this bank did and SOME of the Irish people are still in the dark.

      Reply
  • No need for an expensive inquiry. We can’t afford it. Bigger fish to fry. Bit of a mess as the guy who says he was manipulated doesn’t seem credible considering he emailed RTE to thanks them after the Frontline. The other questioning person who laid into Gallagher said today she wasn’t schooled nor felt schooled. All seems a bit OTT. Must be p*ssed not making the Dragons Den panel this time round.

    Reply
  • RTE engaged in ambush “journalism”, the sort of stuff you’d expect from Rupert Murdoch’s The Sun or The News of the World/The Sun on Sunday. This is clear. We need a public inquiry into this so that the sordid innards and machinations of RTE are displayed for all to see. I was not a supporter of Sean Gallagher during his Presidential campaign.

    There is an overriding issue of national importance here. A public broadcaster, our sole public broadcaster, should fulfill its public remit to be impartial at all times. Otherwise, there is no chance for contrarian thinkers, for those outside the establishment, to have their views broadcast heard, juxtaposed with the establishment’s views, and scrutinized by our license fee funded sole national broadcaster.

    This is about the very health of our democracy, to have all views put up there, giving people a say. This is not about sour grapes. This is about justice. Roll on public enquiry! Make the b€st£rds in RTE sweat.

    Reply

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