Joint Oireachtas Committee on Transport, Communications and Natural Resources. Wednesday 25 March 2015 RTÉ Opening Statement by Chair of the RTÉ Board, Moya Doherty and RTÉ Deputy Director General, Kevin Bakhurst Introduction Thank you Chairman for inviting RTÉ to appear before this Committee today to discuss governance at the station and the policies and procedures RTÉ has in place to prevent political bias in our programming and reporting. I am joined today by Kevin Bakhurst, Deputy Director General and Managing Director of News and Current Affairs; Tom McGuire, Head of RTÉ Radio 1; David Nally, Managing Editor, RTÉ Television Current Affairs and Deirdre McCarthy, Political Assignments Editor, RTÉ News. I hope that between us we can address any questions members may have. At the outset I think it useful for me to set out the clear statutory and regulatory framework within which RTÉ must operate and the overarching governance role of the RTÉ Board. I will then ask Kevin to give members a clear understanding of the editorial structures, policies and procedures that RTÉ has in place to ensure independence, fairness and impartiality across RTÉ’s output, particularly as it relates to RTÉ’s political coverage. This division is very deliberate, as it echoes the distinction between the governance role of the Board and the operational role of the Director General, the Executive and line management. The RTÉ Board should not and does not involve itself in day-to-day editorial decision making. While the Board must satisfy itself that editorial decision making is being appropriately managed along with other activities in accordance with RTÉ’s and its obligations, the day-to-day making of individual editorial decisions rests with programme makers, their editors and editorial management. Notwithstanding that the term ‘independent broadcasters’ is routinely used to describe commercial television and radio broadcasters in Ireland, the public service broadcasters, RTÉ and TG4, are the only media organisations in the country that are prescribed by law, in Section 98 of the Broadcasting Act 2009, to be independent in everything they do. Furthermore, as I said to this Committee when I was here a few weeks ago, it is the 1 prescribed duty of the Board of RTÉ to safeguard this independence from state, political, or commercial interests. As a not-for-profit public service media organisation, RTÉ is not here to serve the interests of shareholders, wealthy owners or private equity firms - but rather the public, with clear statutory obligations and appropriate regulation and governance. This fundamental difference is crucial to understanding the very high levels of trust RTÉ retains with Irish audiences. RTÉ exists to give space to the different shades of political opinion, to be accessible to younger and older people - be they farmers, teachers or technology workers from anywhere and everywhere in the country. RTÉ is here to give voice to the views of water protesters as much as those of Irish Water. As it clearly states in Section 114 of the Broadcasting Act, RTÉ must be responsive to the interests and concerns of the whole community and, as I said a few weeks ago to this committee, representing the interests of viewers and listeners is the Board’s first duty. Different groups of people and interests will challenge and disagree with RTÉ’s programming and editorial choices from time to time – that is to be expected. RTÉ wouldn’t be doing its job otherwise. What is crucial though is that RTÉ is not beholden to any group or viewpoint, and that we ensure RTÉ is as fair, impartial and accurate as possible. There are a range of codes, regulations and processes designed to ensure that RTÉ maintain these standards, which I will explain shortly, but ultimately it is the public trust we retain with audiences which is so important. In any given week 96% of Irish people access RTÉ’s services. Across last year, when surveyed by the independent research company, Behaviour and Attitudes, 87% of Irish adults (18+) indicated that they trusted RTÉ’s news and current affairs output. As part of the same analysis RTÉ itself came out as one of the most trusted organisations in the country. It is only because of these high levels of trust, earned over a long period of time and countless editorial decisions, that RTÉ can and does take on the most difficult of subjects. It is why when a current and a former Government minister decided to give very personal interviews recently they chose to do so on two different programmes both on RTÉ Radio 1. It is why when very significant news events occur, either domestic or international, that RTÉ’s viewership, listenership and online statistics grow substantially. And it is also why when RTÉ made serious editorial mistakes a number of years ago that it was an issue of such concern both inside and outside RTÉ, leading to a thorough review of all RTÉ’s editorial processes. Maintaining the trust of the public is the most important measure for public service media. 2 The independence, impartiality and accuracy of RTÉ’s programming and reporting is essential to this trust. The notion that RTÉ could or would perpetuate political bias in its output as suggested by the invitation here today makes little sense, primarily because it would fundamentally undermine the public trust in everything RTÉ does. Statutory Framework Nor indeed would it be compatible with the law or tolerated by the regulator. The law is very clear about what is required of broadcasters when it comes to news and current affairs programming. RTÉ, like all licensed broadcasters in the state, is required by the Broadcasting Act 2009 to report and present the news in an objective and impartial manner and without any expression of the broadcaster’s own views. In current affairs programming, including matters which are either of public controversy or the subject of current public debate, broadcasters must be fair to all interests concerned and the broadcast must be presented in an objective and impartial manner and without any expression of the broadcaster’s own views. Should this prove impracticable in relation to a single programme, two or more related broadcasts may be considered as a whole, if the programmes are transmitted within a reasonable period of each other. There are a series of regulatory mechanisms by which RTÉ must account for how it fulfils these core statutory obligations. Every year RTÉ must submit to the BAI an Annual Statement of Performance Commitments. Within this process RTÉ makes clear commitments that relate to maintaining and growing trust in RTÉ’s News and Current Affairs output and in maintaining public confidence in the impartiality and objectivity of key output. The Board recently signed off on RTÉ’s 2015 Annual Statement of Performance Commitments. Unlike other parts of the media, broadcasting in general and public service broadcasters in particular, is subject to significant regulatory oversight, oversight that is firmly rooted in statute. Such oversight would simply not tolerate political bias within the country’s primary public service media organisation. I am conscious that I have only recently been officially appointed Chair of the RTÉ Board and that this Board was only fully complete in February. It has only met twice to date. Nonetheless I am very clear as to what role the Board has in relation to the impartiality and accuracy of RTÉ’s news and current affairs programming and reporting. Just last week Kevin gave the Board a very thorough briefing on the editorial decision making structures within RTÉ News and Current Affairs. Such engagements will continue to be a regular feature of the Board’s work, but at this point the Board and I have no reason to 3 believe that RTÉ is not discharging its editorial responsibilities correctly and with the appropriate checks and balances. I will now ask Kevin to give you a brief overview of RTÉ’s current editorial structures, policies and procedures. RTÉ’s editorial structures, policies and procedures Thank you Chairperson. Each week RTÉ produces over forty hours of live news and current affairs programming across its radio and television schedules, within which programme teams and editors make thousands of editorial calls and judgments. All editorial staff work to RTÉ’s Journalism Guidelines, which were updated last year. These provide detailed guidance on a whole range of journalistic issues and are rooted in overarching editorial principles of trust, accuracy, impartiality, integrity, fairness, public interest and accountability. RTÉ’s guidelines also reflect and take account of the requirements in the BAI’s Code of Fairness, Objectivity and Impartiality in News and Current Affairs. Prepared under Section 42 of the Broadcasting Act 2009, the BAI’s Code, sets out the rules, principles and guidance for all broadcasters in relation to fairness, objectivity and impartiality in news and current affairs programming. This code was most recently updated in 2013. In such a dynamic news and current affairs environment inevitably we don’t get everything right. For the most part we try to quickly correct mistakes either in the programme in question or soon after in another programme. The BAI provides very clear guidance for viewers and listeners if they consider a programme or broadcaster is in breach of any of its codes and they want to make a formal complaint. RTÉ itself is required to have and has very clear guidance for people who wish to make a formal complaint regarding any of RTÉ’s output. Of course, sometimes formal complaints are lodged regarding our programming and relatively infrequently they are upheld by the BAI. RTÉ received a total of 114 such complaints in relation to programmes broadcast 2014. Of those just two complaints were fully upheld, with four partially upheld. In the case of political parties and Government our editors and programme makers are constantly in discussions with party and Government representatives, sometimes very robust discussions, regarding our editorial choices, guests, etc. That permanent tension between the political system and RTÉ is a healthy thing and one that, I’m sure, is experienced by other media organisations. 4 RTÉ very consciously combines a decentralised editorial structure with clear lines of editorial responsibility and accountability. At a high level, RTÉ has a number of editorial divisions, namely; News and Current Affairs, Television and Radio. Each of these divisions has their own editorial structures and systems with high levels of editorial independence at the individual programme level. Each week the relevant Managing Director chairs editorial board meetings within his or her division to review the week past and preview the week coming. All programme areas in RTÉ submit their plans for the next week to the weekly Corporate Editorial Board, which is attended by senior editorial representatives from all areas and is chaired by the Director General, who is RTÉ’s Editor-in-chief. The Corporate Editorial Board meeting both reviews output and looks ahead. For the purposes of today’s discussion, I think it is worth going into a little more detail for members on the editorial structures in the News and Current Affairs Division and how those structures impact on editorial decision making and coverage. In relation to News output, the agenda for coverage, or news list, is drawn up daily by the news editors. This list is informed by material gathered for the news diary of expected events prepared by the news desk, by forward plans given by programme areas, by suggestions of possible assignments from the specialist and regional correspondents and by the news editors’ own judgment. In relation to political coverage, in addition to the political correspondents and Oireachtas staff, the Political Assignments Editor, Deirdre McCarthy (who is here today) would also make a significant contribution. The news list is presented to two main news conferences during the day in the morning and early afternoon and from those come the story assignments. I usually attend both news conferences. The TV News programme editors and Radio News bulletin editors then select their material from these assignments throughout the day and in the case of TV often augment it with live interviews and their own pre-planned feature material. The content for the Radio News programmes such as Morning Ireland and the News at One is selected by the programmes’ editorial teams - often incorporating material from the central News assignments. Editorial issues relating to coverage are often reviewed at the morning news conferences and at a weekly futures meeting. Television Current Affairs, led by its Managing Editor David Nally (who is here today), operates as a separately managed unit within the News and Current Affairs division. Its editorial selections are made by the programme teams within the department (Claire Byrne Live and Prime Time) and coordinated through the weekly editorial meeting, chaired by me, which reviews output and discusses future coverage. 5 RTÉ’s Investigations Unit operates within Television Current Affairs and it leads RTÉ’s investigative reporting. Such reports are typically aired within Prime Time specials and on occasion with Radio programmes, such as Today with Sean O’Rourke and Drivetime. Both the daily Today with Sean O’Rourke and Drivetime programmes and the weekend programmes; The Marian Finucane Show, Saturday with Claire Byrne, and Sunday with Miriam on RTÉ Radio 1 are managed by the Head of RTÉ Radio 1, Tom McGuire (who is here today also). He answers in turn to the Managing Director of Radio who also has similar editorial responsibility for the current affairs output of RTÉ Raidió na Gaeltachta. Given the nature of much of the programming on Radio 1 there is daily and weekly coordination between News and Current Affairs and Radio 1 editorial management. Similarly, there is coordination, typically at the weekly Corporate Editorial Board, in relation to current affairs or political items and guests on both the Late Late Show and The Saturday Night Show and documentary programming. During election and referendum campaigns RTÉ adopts a more formal structure of editorial management. An election steering group oversees all output, monitors levels of representation across programming and deals with complaints and representations. I think it should be clear to members from what I have described that there is no one single editorial direction when it comes to RTÉ content. In terms of news, the story selection has a variety of editorial inputs from a range of different teams throughout the day. In relation to programmes, which emanate from any division of RTÉ, programme editors and teams make their own independent selection of what to feature and prioritise often in competition with other RTÉ output. And as I have described, all output is overseen by an editorial structure that - in my view both allows and encourages diversity, editorial debate and challenge. In my view, while we may from time to time make mistakes, misjudgments or omissions, such an editorial structure would make it virtually impossible for political bias to be present across RTÉ’s output. Thank you Chairman, we would be happy to answer any questions the Committee may have. 6