Watchdog backs TV3 on Lenihan cancer report

TV3’S CONTROVERSIAL broadcast about Minister for Finance Brian Lenihan’s cancer diagnosis was fair, accurate and in the public interest, the broadcasting watchdog has held.

The Broadcasting Authority of Ireland compliance committee rejected 14 complaints about the St Stephen’s Day broadcast out of 88 submitted to it. The other 74 complaints were dealt with by TV3 itself.

It was the largest number of complaints about a single broadcast that the authority has received since it was set up last year. The timing of the broadcast, just after Christmas Day and only a week after Mr Lenihan’s pancreatic cancer diagnosis, was the most common cause of complaint.

However, the committee said it could only rule on the timing of the broadcast had it received a complaint under privacy requirements from Mr Lenihan or somebody he nominated, and no such complaint was received. Had it ruled otherwise it would “in effect be editorialising”.

In its ruling, the committee said the broadcast by the station’s political editor Ursula Halligan was “factual and accurate”.

Ms Halligan’s reference to Mr Lenihan in the past tense, which caused offence to many people was “simply human error” and the committee noted she appeared “personally upset by the news”.

There was no evidence of editorial bias or content which could be deemed unfair or subjective. Just because a pancreatic cancer diagnosis was “shocking and sad” did not preclude the broadcaster from reporting on the matter, the committee stated. It also held that oncologist Prof John Crown’s contribution in which he spoke in general terms of the treatment for pancreatic cancer was a “general and factual expert opinion on the type of illness with which the Minister had been diagnosed”, and was not intended to be an opinion on the particular diagnosis for Mr Lenihan.

“In this context, it was considered editorially justified,” it said.

The committee said the broadcast was in the public interest given Mr Lenihan’s pivotal role in Government.

It acknowledged that the content of the report could have been considered by some viewers as “distressful and/or offensive”. Such concerns were legitimate, but “cannot of themselves determine that a broadcast is not in compliance with the code of programme standards”.

In a short statement, TV3 acknowledged the ruling. “At the same time, TV3 wishes to acknowledge and express its regret at the real upset caused by this broadcast,” it said.

A spokesman for the Department of Finance said Mr Lenihan would not be making any comment about the ruling. “What is done is done. He feels he said all he has to say about the matter. He has moved on,” the spokesman said.

In an interview with RTÉ's Sean O'Rourke on the News at Oneprogramme on January 4th, Mr Lenihan said the story was of legitimate public interest, but he criticised the timing of it and said it was not in the public interest to broadcast it on December 26th as opposed to after the Christmas holidays.

“I’d have liked a longer opportunity to explain matters to my wider family and friends,” he said.

Meanwhile, the authority upheld a complaint by a listener over an editorial statement made by Newstalk before December’s budget.

The broadcast, which called for a reduction in living standards, decisive action and a “credible detailed vision” of the way forward by Taoiseach Brian Cowen, was in breach of broadcasting legislation which precludes a station from expressing its own views, particularly on issues of public controversy.

It also found an episode of TV3's The Apprenticeheld in the Cadbury's factory in Coolock amounted to product placement.