Programme Complaints

Introduction

We aim to deliver the best possible service to our listeners. We also aim to ensure that our programming is compliant with the requirements set out in the Broadcasting Act, 2009, as amended by the Online Safety and Media Regulation Act 2022 “OSMR Act”.

We welcome and will engage with all feedback, both negative and positive, from our listeners concerning any aspect of our service.

We are obliged under the the “OSMR Act” to have in place a Code of Practice for handling complaints from our listeners.  This Code of Practice sets out and explains our complaint process for listeners and ensures that we deal with complaints in an effective and efficient manner.  It should be noted that the Code of Practice only relates to certain categories of complaints as detailed below.

What can I complain about?

You may submit a complaint to us if you are of the opinion that a broadcast or part of a broadcast on our service has breached one or more of the following obligations:

Range of matters and relevant sections of the legislation:
• Harm, offence, incitement, and authority of State (section 46J)
• Privacy (section 46K)
• News and Current Affairs (section 46L)
• Advertising (sections 46M(2) or (3), 106(3) and 127(6))
• Retention of copies of programme material (section 46P(1) or (2))
• Media service codes and rules

(i) News

We will ensure that our news programming is objective and impartial without any expression of our own views.

(ii) Current affairs

We will ensure that our current affairs programming is:

– objective and impartial without any expression of our own views; and

– will treat the subject matter and all interests concerned fairly.

If we cannot achieve fairness, objectivity, and impartiality in one current affairs programme, we will do so in related broadcasts that will be broadcast within a reasonable period of each other.

(iii)  Programmes

We will ensure that our programming does not contain any content which may reasonably be regarded as

– causing harm or offense;

– tending to promote, or incite crime;

– tending to undermine the authority of the State; or

– unreasonably encroach upon the privacy of an individual.

We also will ensure programming is in compliance with the BAI Code of Programme Standards (download PDF)

(iv) Commercial Communications[3]

All commercial communications broadcast by us will be in compliance with the BAI General Commercial Communications Code (Download PDF)

(v)  and the BAI Children’s Commercial Communications Code

The Children’s Commercial Communications Code deals with advertising, sponsorship, product placement and other forms of commercial promotion aimed at children or broadcast in or around children’s programming. (download PDF).

If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply Scheme (download PDF).[4]

Further information on the OSMR Act can be accessed at cnam.ie or are available on request from the Coimisiún na Meán offices.

How do I make a complaint?

You can first contact us by telephone, email [email protected] or letter and inform us of your complaint.  A member of our staff will contact you to discuss what concerned you and attempt to resolve the matter to your satisfaction.  If we cannot resolve your complaint to your satisfaction, and you are satisfied that your complaint is covered by this Code of Practice, you should submit the following details in writing (letter or email):

  • your name and address;[5]
  • the category of complaint; (please refer to the categories of complaints in ‘What I can complain about?’ above)
  • the date and time of broadcast;
  • the name of the programme, news item or advertisement/commercial communication that you have viewed/heard and which is the subject of your complaint;[6]
  • detail exactly what, in the broadcast, concerned you;

In order for your complaint to be accepted and considered, it must include the above details and must refer to a programme, advertisement or other forms of commercial communication already broadcast on our service.

To assist complainants a ‘Complaint Form’ is available to download here.  If, by reason of disability or other good reason, you are unable to submit the complaint in writing, please contact us and we will assist you to do so.

Tipperary Mid West Community Radio is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Act 2018.

We will not accept complaints which we deem to be of a frivolous or vexatious nature.

How soon should I make my complaint after the broadcast?

The OSMR Act requires you to make your complaint not more than 30 days after the date of broadcast:

(a)  if your complaint relates to one broadcast, 30 days after the date of that broadcast;

(b)  if your complaint relates to two or more unrelated broadcasts; 30 days after the date of the earlier or earliest of those broadcasts;

(c)   if your complaints relate to two or more related broadcasts of which at least two are made on different dates; 30 days after the date of the later or latest of those broadcasts.

Complaints submitted outside of these time periods cannot be considered.

Where should I send my complaint?

You should submit your complaint to the following address:

The Station Manager,
Tipperary Mid West Community Radio,
St, Michael’s St.,
Tipperary
Co. Tipperary
E34 K156
Email: [email protected]

What will happen to my complaint?

Once we have accepted your complaint we will work to resolve the issue(s) as soon as possible.  Your complaint will be carefully considered, investigated if necessary, and responded to in writing by our Station Manager/ or a senior member of our programming team.

  • We will write to you to acknowledge receipt of your complaint within seven working days.
  • We will consider the issues raised in your complaint.
  • We will listen/watch the programme/broadcast item identified in your complaint.
  • Where appropriate, we will consult with any party to which your complaint relates, for example, the advertiser, the presenter or programme maker, to give that party an opportunity to provide observations and comments in relation to the issues raised by you.
  • We will provide a response to your complaint which will, as far as possible, address all of the issues/concerns you have raised.  We will set out the reasons for our decision on your complaint. This response will be sent to you within 21 days from receipt of your complaint.

What are the potential outcomes for my complaint?

We may uphold or reject a complaint.  Upholding a complaint means that we believe that our programme, news item or advertisement/commercial communication did not comply with our obligations covered by this Code of Practice. Rejecting a complaint means we believe that our programming was in compliance with our obligations.

If we uphold your complaint, we will seek to resolve it to your satisfaction in an agreed manner. The manner of resolution will be decided on a case by case basis but may include an apology, correction, clarification and/or the offer of a rebuttal.

The Role of Coimisiún na Meán

Complainants have 14 days to refer their complaint to an Coimisiún from the date they received an unsatisfactory response or from the date a response was due if they did not receive one.

For now, complainants can refer complaints to Coimisiún na Meán using the existing online portal at https://bai.service-now.com/complaints or they can contact [email protected] or (01) 6441 200 or write to: 2-5 Warrington Place, Dublin 02 XP29.

1.  Record of Complaints

We are required under “the OSMR Act to keep a record of all complaints submitted in accordance with this Code of Practice for two years.  We are also obliged to provide these records to the Compliance Committee of the Coimisiún na Meán if the Committee so directs.

Our records will include copies of your complaint, our response/s and the audio / audio-visual copies of the broadcast material.

Complaint Form – Programming Content.

Right-click then ‘save link as’ to download this Document.

Complaint Form –  Advertising, Commercial & Communications.

Right-click then ‘save link as’ to download this document.

[1]     The Broadcasting Authority of Ireland (BAI) was established on October 1st, 2009, as an independent regulator for radio and television broadcasters in Ireland.  Its functions, roles, and responsibilities are set out in the Broadcasting Act, 2009

[2]     The categories of complaints are specified in the Broadcasting Act, 2009.

[3]    Commercial Communications is defined in section 2 of the BAI General Commercial Communications Code and includes, inter alia, advertising, sponsorship, teleshopping and product placement.  Members of the public are asked to refer to the BAI Code.

[4]     The Right of Reply Scheme was prepared by the BAI pursuant to section 49 of the Broadcasting Act, 2009.

[5]     The name of the complainant will not be published without his/her prior consent, for example, where a complaint is upheld.  The contact details are for use by Tipperary Mid West Radio in order to process the complaint.

[6]     Tipperary Mid West Radio is not obliged to send you a copy of any broadcast.  You yourself should have heard the broadcast in question.