Code of Practice on Complaints Handling
Dundalk FM aim to deliver the best possible service to our listeners. We welcome and will engage with all feedback, both negative and positive, from our listeners concerning any aspect of our service. 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.
Members of the public are entitled to make a complaint where they believe a radio or television broadcast or programme material on an audiovisual on-demand media service has not complied with standards set out in statute (Part 3B of the Broadcasting Act 2009 as amended by the Online Safety and Media Regulation Act 2022.
Standards applying to broadcasts/programme material
The statutory standards applying to broadcasts and programme material on audiovisual on-demand media services, from 15th March 2023, come under the following headings:
- 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))
Existing BAI Codes and Rules continue in force. These are:
- Code of Programme Standards
- Code of Fairness, Objectivity and Impartiality in News and Current Affairs
- General Commercial Communications Code
- Children’s Commercial Communications Code
- Access Rules (ISL/subtitled video and audio version of the Rules)
- Rules on Adverts and Teleshopping
Making a complaint
Complaints must be made in writing and be made to email@example.com.
If you are unable to contact us by email you can write to:
If, for reasons of sensitivity or privacy, you wish to make your complaint directly to Coimisiún na Meán, please contact firstname.lastname@example.org or (01) 6441 200. If you have queries or require assistance in making a complaint, please contact email@example.com or (01) 6441 200. If you are unable to contact us by email or phone, you can write to:
Coimisiún na Meán,
2-5 Warrington Place,
A member of the Dundalk FM 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, fax 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. Dundalk FM is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Act 2018.
Timeframe for making a complaint
Broadcast complaints must be made:
- No more than 30 days after the date of the broadcast (if it relates to one broadcast)
- No more than 30 days after the date of the earlier or earliest broadcast (if it relates to two or more unrelated broadcasts)
- No more than 30 days after the date of the later or latest broadcast (if it relates to two or more related broadcasts)
Complaints Handling Procedure
If you are not satisfied with the response to your complaint by Dundalk FM or you do not receive a response within 20 days, you can refer your complaint to Coimisiún na Meán using this online portal. If you have any difficulty using the online portal, please contact at firstname.lastname@example.org or (01) 6441 200.
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 or a member of our Programming and Technical Committee.
- 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.
What are the potential outcomes of 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.
The role of Coimisiún na Meán
If we have not responded to your complaint within 20 days or if you are not satisfied with our response, you can refer your complaint to Coimisiún na Meán. Coimisiún na Meán will consider the complaint and may carry out an independent review of the complaint and our response.
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@example.com or (01) 6441 200 or write to: Complaints Officer, Coimisiún na Meán, 2-5 Warrington Place, Dublin 02 XP29.
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.