RTÉ has taken an action in the High Court to maintain journalistic confidentiality over records on climate change reporting, saying it runs the risk of having its offices raided and papers seized.
The case has potentially far-reaching implications for the national broadcaster because it turns on its right to refuse any external access to internal records on journalistic matters. Such records are considered sacrosanct in journalism because of the need to protect confidential sources of information.
RTÉ initiated the action on Tuesday against the Office of the Commissioner for Environmental Information (OCEI), an institution that reviews how public bodies deal with formal requests for environmental information they hold.
The Commissioner, Ger Deering, has ruled that RTÉ was a public authority for the purposes of European law on Access to Information on the Environment (AIE). The directive, transposed in Irish law, gives people the right to access information from such authorities on climate change and other environmental matters.
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RTÉ disputes Mr Deering’s ruling in sharp terms. “With this decision, the OCEI would have the power to raid and seize (without court order or search warrant) any record they see fit and keep it for however long they want,” the broadcaster said.
“It would be the OCEI who would determine what records held by journalists should be released and what sources should be identified.”
RTÉ previously argued it cannot be correct that journalism and programme-making records would be subject in principle to the AIE directive, saying press freedom was established clearly and unequivocally as a founding principle of the European Union.
The case originates with a 2021 request to RTÉ from transparency campaigner Ken Foxe for records including copies of all representations and correspondence concerning its coverage of climate issues that year.
RTÉ partially granted the request, prompting Mr Foxe to seek an internal RTÉ review of the decision. He appealed the outcome of the internal review to Mr Deering.
When Mr Deering issued a ruling in November, he said it was “not open to RTÉ” to deny access based on legal provisions allowing refusal “where the request is manifestly unreasonable having regard to the volume or range of information sought”.
There was no comment from Mr Deering’s office on the RTÉ case. In addition to his functions as Commissioner for Environmental Information, Mr Deering holds the office of Ombudsman and also the office of Information Commissioner, ruling on Freedom of Information (FoI) appeals.
RTÉ acknowledged initiating the High Court action. “Access to Information on the Environment is like FoI and allows anyone to seek records held by RTÉ but, unlike FoI, it has no automatic programme-making exemption,” it said.
“The commissioner most recently concluded that RTÉ is part of the ‘administration of the State’ and this will be the point of appeal, specifically that the recent decision will remove all national and international protections for journalism and sources, contrary to the EU Charter of Fundamental Rights, the European Convention on Human Rights and the Constitution.”
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