RTÉ and Greens to pay own costs following TV debate case

RTÉ and Green Party trustee Tom Kivlehan have been told to pay their own legal costs following his failed challenge to the broadcaster’s decision not to invite Eamon Ryan to a leaders’ debate before the election.

Mr Kivlehan challenged the broadcaster’s decision to only invite leaders of parties with at least three TDs in the outgoing Dáil, saying that it did not take into account the party’s performance in opinion polls.

His lawyers’ argument that the party’s exclusion breached the Constitution and the Broadcasting Act 2009 was eventually rejected.

The Green Party went on to win two TDs in the election.

Ms Justice Marie Baker, sitting in the High Court in Dublin, denied applications from both parties to have their costs paid by the other.

Mr Kivlehan argued that costs should be awarded against RTÉ because the case raised unique issues of public importance.

Lawyers for RTÉ told the court that the broadcaster is seeking its costs on the basis that it won the case.

In her ruling, Ms Justice Baker accepted that the case raised issues of public importance, but said it would not be fair to award costs against RTÉ because doing so would fail to recognise that it won the case.