RTÉ has welcomed a High Court decision which means the broadcaster will not have to reveal data it collected internally to monitor its coverage of the 2002 general election.
The company had refused a request under the Freedom of Information Act, but this was later overturned by the Information Commissioner. The High Court today upheld RTÉ's appeal against that decision.
Data requested under the Freedom of Information Act by an unnamed person included internal monitoring of election-related coverage and contributions to RTÉ programmes during the 2002 general election campaign. RTÉ had said the information was used to help it work towards balanced programming.
In a statement, RTÉ said it was very pleased with the High Court judgment delivered by Mr Justice Aindreas Ó Cuiv this morning in which the decision of the Information Commissioner ordering the release of the monitoring of election coverage was over-ruled.
"RTÉ sought this review because it was concerned that the decision of the Information Commissioner could undermine the exemptions provided by the Oireachtas to RTÉ when the organisation was brought under the FOI Act in 2000," the statement added.
The broadcaster said the records of its coverage of the 2002 general election show that its coverage was comprehensive and fair. But this was not at issue in today's judgment.
"When it was proposed that the FOI Act should be extended to RTÉ the organisation was concerned that the requirement to release documents could undermine its journalism. Good journalism depends on a degree of confidentiality. An essential part of investigative journalism is confidence that sources will be
protected. An unforeseen consequence of the extension of the FOI Act to RTÉ was that this confidence might be undermined."
RTÉ said if the Information Commissioner's decision had been upheld by the High Court, the consequences for RTÉ's journalism "might have been profound".
"RTÉ will continue to be under the FOI Act for its finances, its management and its administration. Its
journalism will remain outside the FOI Act. This is a good day for public service broadcasting and
for journalism."