Code Of Practice

Under the Broadcasting Act 2009, viewers and listeners to Irish radio and television services can complain about broadcasting content which they believe is not in keeping with broadcasting codes and rules. When making a complaint, the relevant programme or commercial communication should be identified, including the date of broadcast and time. The complainant should explain what it is about the broadcast that has led them to make a complaint. Dublin South FM 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. Dublin South FM is 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.

1. What can I complain about?

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

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: (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 offence; – 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 Coimisiún na Meán Code of Programme Standards

(iv) Commercial Communications: All commercial communications broadcast by us will be in compliance with the Coimisiún na Meán General Commercial Communications Code and the Coimisiún na Meán Children’s Commercial Communications Code

When submitting a complaint under b) harm & offence, complainants can refer to the BAI’s “The Code of Programme Standards”. This Code details a range of factors that may be taken into account when determining whether programme material is harmful or offensive.

A copy of the Code is available to download as a PDF on the BAI’s website or on request from their offices.

If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply Scheme. The BAI codes can be accessed at www.bai.ie or are available on request from the BAI offices.

 

• • • How do I make a complaint?

      You can first contact us by telephone, email complaints@dublinsouthfm.ie 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, fax or email):

      • your name and address;
      • the category of complaint; (please refer to the categories of complaints What I can complain about?’ above)
      • the date, time and channel 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;
      • Privacy (section 46K)
      • 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.

      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.

      Dublin South FM 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.

    • 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.
    • Where should I send my complaint?

      You should submit your complaint to the following address: Station Manager Dublin South FM Level 5 Dundrum Town Centre Dublin 16

      Contact Number: 01 296 0939

      Email: complaints@dublinsouthfm.ie

      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.

      To assist complainants a ‘Programming Complaint Form’ is available to download from our website HERE.

      For complaints relating to commercial or advertising output you should use the form HERE

      An on-line complaint facility is also available on our website at www.dublinsouthfm.ie

    • 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 Compliance Officer and/or Chairperson.

      • Dublin South FM will write to you to acknowledge receipt of your complaint within 7 working days.
      • Dublin South FM will consider the issues raised in your complaint.
      • Dublin South FM will listen to 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.
      • Dublin South FM 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 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

      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 complaints@cnam.ie or (01) 6441 200 or write to: 2-5 Warrington Place, Dublin 02 XP29.

    • 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 copies of the broadcast material.

      (1) 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 Dublin South FM only.

      (2) Dublin South FM is not obliged to send you a copy of any broadcast. You yourself should have heard the broadcast in question.