RTÉ is considering an appeal to the High Court on a ruling by the Freedom of Information Commissioner that it must release data used to allocate air time to candidates at the last general election.
The Freedom of Information Commissioner's ruling comes after the station refused twice to divulge the data, citing confidential editorial processes.
The core issue in relation to the request for the data was a belief by a viewer that the Progressive Democrats had been allocated more air time than their then Dáil representation warranted.
RTÉ's general election policy is to allocate air time based on the number of votes gained by the candidates and their parties at the previous general election.
The station then monitors the exposure of each candidate in the run up to a subsequent election in an effort to ensure balance. In the last general election this monitoring was carried out by researchers employed by the station who watched or listened to all broadcasts with stop-watches. The data compiled was used by RTÉ to assist its decision-making process.
However, when Mr Mel Gannon, of Claremorris, Co Mayo, sought copies of the data compiled he was refused.
The refusal was confirmed by the station's then FOI appeal officer, Mr Adrian Moynes, on the ground that the request covered matters of concern to RTÉ's internal editorial decision-making.
The FOI commissioner ruled eventually in favour of Mr Gannon, who had argued that the gathering of the data was a management rather than a journalistic function. However, last night sources indicated the station was likely to appeal to the High Court before the deadline of January 5th.
According to a well-placed source, the station feels it is in a no-win situation if the data gets out. It considers the data by itself is open to misrepresentation; while if the station releases the data accompanied by the other "weighting factors" used, it would impair the confidentiality of its journalistic work.
"The visit of Mary Harney to Manorhamilton, Co Leitrim, to open an off-licence generated massive coverage, but it was all negative. Should we get a stop-watch and measure that," he asked.
The source also cited an occasion during a recent referendum when he said a Labour Party candidate refused an invitation to take part in a broadcast with Vincent Browne precisely because he feared the exposure would use up his time allocation with RTÉ.
"We have got to consider other issues, especially what is fair and what is sane and sensible television. The data was only one criterion in determining whether or not we are fair", he said. .
RTÉ is to begin discussions with the political parties about reducing the amount of live coverage it provides at ardfheiseanna.
