Introduction
South West Clare Community Radio CLG t/a Raidió Corca Baiscinn aims 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 and broadcasting codes published by the Broadcasting Authority of Ireland.
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 Broadcasting Act, 2009 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.
Link to Coimisiún na Meán (existing Broadcasting Authority of Ireland Codes and Rules continue in force but apply to broadcasters only) :
Section 1- What can I complain about:
Please see the link to the Full Online Safety and Media Regulation Act 2022 here
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.
Section 2. How do I make a complaint?
You can first contact us by telephone, email 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
- the category of complaint; (please refer to the categories of complaints in ‘What I can complain about?’ above)
- the date and time of the broadcast;
- the name of the programme, news item or advertisement/commercial communication that you have heard and which is the subject of your complaint;
- 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 form of commercial communication already broadcast on our service.
South West Clare Community Radio CLG t/a Raidió Corca Baiscinn is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Acts 1988 – 2003.
We will not accept complaints, which we deem to be of a frivolous or vexatious nature.
Section 3. How soon should I make my complaint after the broadcast?
The Broadcasting Act, 2009 requires you to make your complaint not more than 30 days after the date of broadcast:
- if your complaint relates to one broadcast, 30 days after the date of that broadcast;
- if your complaint relates to two or more unrelated broadcasts; 30 days after the date of the earlier or earliest of those broadcasts;
- if your complaints relates 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.
Section 4. Where should I send my complaint?
You should submit your complaint to the following address:
Station Manager
Raidió Corca Baiscinn,
Community Centre,
Circular Road,
Kilkee,
Co. Clare
V15 D276
Email:
Section 5. 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 Manager.
We will write to you to acknowledge receipt of your complaint within 7 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.
Section 6. What are the potential outcomes for my complaint?
We may uphold or reject a complaint. Upholding a complaint means that we believe that our programming 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.
Section 7. The role of Coimisiún na Meán
Complaint referrals: Complaints may be referred to Coimisiún na Meán if the complainant is not satisfied with the response provided by the broadcaster or if no response is provided within the timeframe of 20 working days as set out in the Code of Practice for Complaints Handling.
Complainants then have 14 days to refer their complaint to Coimisiún na Meán. Complainants can refer complaints to Coimisiún na Meán using the existing online portal at https://bai.service-now.com/complaints or they can contact or (01) 6441 200 or write to: 2-5 Warrington Place, Dublin 02 XP29.
Section 8. Record of Complaints
We are required under the Broadcasting Act, 2009 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 BAI 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.