Election candidate’s complaint over on-air ‘slating’ upheld

A candidate in February’s general election who was called “bad-mannered” on air after he did not turn up to a radio interview has had his complaint about the incident upheld.

The Broadcasting Authority of Ireland (BAI) compliance committee found in favour of Noel G Walsh, who ran as an Independent candidate in the Carlow-Kilkenny constituency in the last general election. He polled last with 164 votes.

When Mr Walsh did not turn up to an interview with the constituency's candidates ahead of the election on the KCLR Live programme on KCLR 96FM on February 23rd, presenter John Masterson said: "Well, actually, we don't have four candidates today because one of them is sadly lacking in manners.

“That would be Noel G Walsh, who was due here at 10.04am, to go on air at 10.04am to do his one-plus-one interview, but he neglected to tell us that he couldn’t be bothered turning up to KCLR.

“He got 243 votes last time, so maybe he’ll get more this time.”

In its submission to the BAI, the radio station stated that Mr Walsh had been booked into the programme for February 23rd and that this had been confirmed by email and phone.

When Mr Walsh did not turn up, programme producer Eimear Ní Bhraonáin made contact with his election agent at 10.10am after the programme had started.

The agent told her that, on the evening before, Mr Walsh had decided to pull out of the programme.

KCLR stated that no notice of his cancellation had been received.

During the programme, Mr Masterson said: “Apparently, his election agent, when Eimear finally tracked him down . . . said, ‘Ah no, he decided that he wouldn’t do that last night.’

“He neglected to tell us. So, I think there’s some little lack in normal civility and manner with that particular candidate . . . Have I ever stood anyone up? Eimear, have you ever been stood up? . . . I doubt it, I doubt it.

“No, it’s always nice to let people know if you’re not going to turn up when they have prepared, specifically, for your arrival and to talk to you. Now, that’s my rant over.”

In his complaint, Mr Walsh said the February 23rd appearance had never been confirmed with either himself or his election agent.

He said he was canvassing in south Kilkenny when he was informed he was being “slated” on KCLR Live.

He contacted the programme and asked that the remarks made about him be withdrawn. He said a staff member then hung up on him.

In its defence, the station said that it was within its rights to hang up on him, as the member of staff involved was “uncomfortable with the tone and content of the call made by the complainant”.

BAI findings

In its findings, the BAI compliance committee said there was a fundamental conflict between the station’s evidence and that of Mr Walsh as to what arrangements had been made prior to the programme being broadcast.

It said it was not in a position to resolve those discrepancies.

The committee held that there was nothing problematic in noting that Mr Walsh had not turned up for a scheduled interview.

However, it said the presenter’s remarks about Mr Walsh were “personal and pointed and addressed aspects of the character of the candidate, including his civility and manners”.

The BAI also held that the comments relating to the votes Mr Walsh got at the last general election concerned his electability and he should have been given the opportunity to respond.

It held that the broadcast was a breach of the BAI code of fairness, objectivity and impartiality in news.

The compliance committee did not uphold a separate complaint against Ray D'Arcy over comments on his RTÉ Radio 1 programme.

Maghnus Monaghan had complained that during an interview with the then minister for education and skills Jan O'Sullivan in November last year, Mr D'Arcy expressed forceful views in favour of a secularist approach to education.

The committee agreed that Mr D’Arcy had expressed his own views on the matter during the interview, but said that he had also ensured that other points of view were presented.

Therefore, he was not in breach of the code.