TWO childcare workers are suing RTE, claiming they were defamed in a 'Prime Time' programme about creches.
Sandra Kavanagh and Lisa Craddock worked at the Links creche in Abington, Malahide, Co Dublin, which featured in the May 28 programme.
Ms Craddock, of Brookwood Glen, Artane, and Ms Kavanagh, of Hawthorn Park, Swords, say they have been left devastated by the broadcast.
They say it alleged they were involved in the mistreatment of, and utter indifference towards, children in their care.
Both workers, who deny they engaged in such activities, were suspended and eventually dismissed following the broadcast.
At the High Court yesterday, Mr Justice Kevin Cross ruled on a preliminary motion granting that the women are entitled to be provided with material by RTE before their statement of claim is served.
The material sought includes the recording and transcript of a version of 'Breach of Trust' which was shown to the parents of the children at the Links creche before broadcast.
Frank Callanan SC, for the workers, said his clients would be left at a huge disadvantage unless they were provided with the material they sought.
He said their application arose because parents were given an advance viewing of the programme a few days before the main broadcast.
Despite several requests, RTE had refused to furnish them with the material.
Counsel said it was only hearsay at this point, but his clients were led to believe that what was shown to the parents differed to what was broadcast.
While it was accepted that both women were also given a separate advance screening of the programme, in the presence of their lawyers, they have no idea what was shown to the parents.
Mr Callanan said Ms Kavanagh was not shown or identified in the broadcast, while Ms Craddock was not named and her image was pixelated.
He said both had received an "adverse reaction" from parents of children at the creche.
RTE, represented by Mark Connaughton SC, opposed the application for a legal disclosure order of the material.
He said there were no exceptional circumstances in this case, and the two workers had ample material to submit their statement of claim.
As the programme featured young children, RTE had agreed to broadcast the matter once, and had not put it on the RTE player.
Mr Justice Cooke said the two workers are entitled to discovery of the material.