Tuesday, April 24, 2012

RTE seeking reduced BAI fine over Fr Reynolds libel

RTE will fight for a reduced fine from the Broadcasting Authority of Ireland (BAI) following its investigation into the Fr Kevin Reynolds libel case.

In correspondence to the BAI yesterday, RTE requested that the authority does not refer its investigation or proposed financial sanction to the High Court.

According to parts of the BAI report, leaked earlier this month, this was going to be towards the maximum €250,000 allowed under law.

The report concluded that the programme was unfair and a breach of Fr Reynolds privacy.

However, RTE will now make submissions to the authority on factors that might secure a less punitive fine, without going to the courts.

Issues

It is understood the request for the BAI to deal with the issue internally was made without admission or rejection of any of the report's findings.

A spokesman for the broadcaster confirmed that it had submitted a response to the BAI but would not comment further.

Among the issues to be considered by the BAI in deciding a financial sanction recommendation will be RTE's history of compliance with broadcasting guidelines.

It is also required to recommend a fine that is an incentive for future compliance.

In its defence, RTE is likely to point out that it has co-operated with every stage of the investigation and has a history of compliance.

Factors such as the seriousness of the breach of its code, the turnover of RTE and the failure of internal mechanisms to prevent the breach will also be considered.