The Broadcasting Authority of Ireland has partially upheld a complaint by two European election candidates about an RTÉ Nine News report on opinion poll findings earlier this month.

The adjudication was issued late last night.

The BAI said it upheld in part a complaint by Socialist Party MEP Paul Murphy and Dublin City councillor Brid Smith of People Before Profit that their exclusion from a report on the findings of a Sunday Business Post/Red C opinion poll on the programme, which was broadcast on 3 May, was unfair.

The BAI said that the Broadcasting Act 2009 and the BAI Code of Fairness, Objectivity and Impartiality in News and Current Affairs required broadcasters to ensure fairness, objectivity and impartiality in the exposure given to candidates in an election.

Former MEP Patricia McKenna also complained to the BAI about the report.

Mr Murphy and Ms Smith have welcomed the ruling.