On 20 April, the judge decided that the commissioner had erroneously concluded that broadcasting on climate change was not a measure likely to affect the environment, through its onward impact on public behaviour.
The role of the Commissioner for Environmental Information is to carry out independent reviews of decisions made by public authorities on requests for environmental information.
Transparency
Transparency campaign group Right to Know CLG had brought the case, based on its mission to vindicate the rights of citizens to access information on how Government and public-resource-allocation decisions are made. Its publishing arm is TheStory.ie.
The group sought access, under access to information on the environment legislation, to information in the possession of RTÉ in 2018, relating to how RTÉ reports on climate-change issues.
The campaigners wanted to see documents setting out how policies and guidelines on climate-change reporting were set up by the national broadcaster.
RTÉ rejected its request for documents on the basis that the records requested were deemed not to be "environmental", the Fieldfisher LLP briefing note (written by Zoe Richardson and Ella Whyte) points out.
Right to Know appealed this decision to the commissioner, who holds an independent statutory office that reviews decisions on access to environmental information by public bodies.
The public has a right to this information under the European Communities Access to Information on the Environment Regulations 2007-2018.
On appeal, the commissioner upheld RTÉ's decision.
Right to Know appealed this decision to the High Court, and RTÉ was a notice party to the proceedings.
Reasoning
The commissioner, in setting out the basis for his decision in respect of RTÉ's refusal to process Right to Know's request, stated that, among other things, broadcasting or reporting is not a "measure or activity" as defined by the regulations.
The commissioner also said broadcasting or reporting is not a plan, policy or programme with proposed actions that are likely to affect the environment or an activity.
The commissioner concluded that RTÉ's function is carried out by the exercise of press freedom, which is regarded as an important constitutional right and a right under the European Convention.
Mr Justice Barrett said the case hinged on whether a bundle of emails in RTÉ's possession are classified as “environmental information” under the regulations.
Feedback
Counsel for RTÉ had argued that these emails were simply public correspondence and feedback.
Mr Justice Max Barrett found that the commissioner fell into legal error in his decision and ordered it to be set aside.
He also found that the commissioner had erroneously subjected RTÉ's emails to an environmental-impact-threshold test, contrary to an express finding in a previous European case.
The commissioner must now consider afresh the decision of RTÉ to reject Right to Know's request for release of records.
Judge Barrett also said that the Right to Know group had an "answerable case" to be awarded costs, but he said he would hear from the parties at a later date in relation to this.
He sent the matter back to the commissioner for fresh consideration.