Media watchdog partially upholds complaint about TG4 Creeslough documentary

The scene of the explosion at the Applegreen service station in Creeslough in October 2022. Picture: NW newspix

A complaint about a controversial TG4 documentary on the explosion in Creeslough in October 2022 which killed 10 people has been partially upheld by the media watchdog.

Coimisiún na Meán said the documentary, Iniúchadh TG4 – An Craoslach, which was broadcast on February 8, 2023, had breached the Broadcasting Act 2009 by causing harm/offence.

The media regulator said TG4 had not sufficiently demonstrated it took due care in broadcasting material which could cause distress, particularly given it was shown just four months after the tragedy and before a Garda investigation into the explosion was completed.

It also ruled TG4 could have avoided causing distress to bereaved families in the Donegal village by consulting them in advance of its transmission.

Coimisiún na Meán, which replaced the Broadcasting Authority of Ireland for overseeing complaints about TV and radio programmes, said the documentary had also breached the BAI Code of Programme Standards in relation to the requirements to take due care to ensure audiences are not exposed to harmful content.

However, the regulator acknowledged the legitimacy of making and broadcasting a programme about the response of the local community in Creeslough to the explosion at a shop and petrol station in the village and the impact of the tragedy on the area.

It did not uphold complaints that the programme had breached the BAI code in relation to respect for privacy and protection of the public interest.

Robert Garwe and Shauna Flanagan Garwe were killed in the explosion.

The complaint was made by Killian Flanagan on behalf of his sister, Áine, whose daughter, Shauna, 5, and her partner, Robert Garwe, 50, were killed in the blast at the Applegreen filling station on October 7, 2022.

Mr Flanagan claimed certain aspects of the programme were distressing, particularly because the family would not have detailed information on the explosion until the Garda investigation had concluded.

He told RTÉ’s Liveline programme last February he had asked TG4 not to air the programme while the Garda investigation into the explosion was ongoing.

Mr Flangan said the documentary had particularly caused serious distress to his sister when an interviewee had claimed he could hear a little girl talking but was unable to get to her.

While the programme did not identify who the girl was, Mr Flanagan said his sister believed it might have been Shauna and that she might have been alive after the explosion with first responders unable to reach her.

Mr Flanagan said his sister was also contacted by friends and relatives who also thought the girl referenced in the programme might have been Shauna.

He claimed the programme caused further anguish and distress when someone described the building as collapsing “like a pancake”, as such information was not previously known by his family.

Mr Flanagan pointed out that TG4 had stated in advance of the broadcast that the documentary would not report anything about the victims other than what had already been reported publicly.

He also observed the programme was made without any prior consultation with bereaved families.

In response to the complaint, TG4 told the regulator the decision to broadcast the programme was not taken lightly.

TG4 also stressed that the reference to a little girl did not refer or imply in any way that it was Mr Flanagan’s niece.