At Radio Nova 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 and broadcasting codes published by the Broadcasting Authority of Ireland.1
We welcome all feedback, both negative and positive, from our listeners concerning any aspect of our service.
We are obliged under the Broadcasting Act, 2009 (Sections 47 and 48) 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.
The Act states that:
- A broadcaster shall give due and adequate consideration to a complaint, made in writing by a person in respect of the broadcasting service provided by the broadcaster which, in the opinion of the broadcaster, has been made in good faith and is not of a frivolous or vexatious nature.
- A complaint shall be made to the broadcaster not more than 30 days after the date of the broadcast
All programme content on Radio Nova (news, talk, music, advertisements, etc) is regulated by the Broadcasting Authority of Ireland and the various codes that are in place from time to time, including:
Code of Practice
Radio Nova is obliged under the Broadcasting Act 2009 to have in place a Code Of Practice for handling complaints from listeners. The code sets out and explains our complaint process and ensures that we deal with complaints in an effective and timely manner. It should be noted that this Code of Practice relates only to certain categories of complaints as set out below.
Under Section 47(1) of the Broadcasting Act 2009, A Broadcaster shall give due and adequate consideration to a complaint on one or more of the grounds specified in section 48(1), made in writing by a person in respect of the broadcasting service provided by the Broadcaster which, in the opinion of the Broadcaster, has been made in good faith and is not of a frivolous or vexatious nature.
Section 47(3) deems that a Broadcaster shall prepare and implement a code of practice for the handling of complaints made under subsection (1). The code of practice shall make provision for the following matters:
- (a) an initial point of contact for complainants, including an electronic-mail address,
- (b) a time period within which the Broadcaster shall respond to complaints, and
- (c) the procedures to be followed by the Broadcaster in the resolution of complaints.
1. 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:2
- News: We will ensure that our news programming is objective and impartial without any expression of our own views.
- Current affairs: We will ensure that the broadcast treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned and that the broadcast matter is presented in an objective and impartial manner and without any expression of his or her own views, except that should it prove impracticable in relation to a single broadcast to apply this paragraph, two or more related broadcasts may be considered as a whole, if the broadcasts are transmitted within a reasonable period of each other.
- 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 BAI Code of Programme Standards which is available here: http://www.bai.ie/en/codes-standards/
- Commercial Communications: 3All commercial communications broadcast by us will be in compliance with the BAI General Commercial Communications Code and the BAI Children’s Commercial Communications Code, which are available for download here: http://www.bai.ie/wordpress/wp-content/uploads/Childrens-Commercial-Communications-Code.pdf
- If you have a complaint that does not fall under the categories set out in (i) to (iv) above, we would invite you to avail of our feedback/complaints.
If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply Scheme http://www.bai.ie/en/bai-publishes-right-of-reply-scheme/
All the latest BAI Codes, including the Right of Reply Scheme, can be accessed in full at www.bai.ie
2. How do I make a complaint?
You can first contact us by telephone on 01-524 1100, email us at [email protected] or by 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 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 heard and which is the subject of your complaint;4
- Detail exactly what, in the broadcast, concerned you;
Personal details submitted are for use by Radio Nova only. The name of a complainant shall not be published without his/her prior consent. Radio Nova is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Acts 1988 – 2003.
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.
We will not accept complaints which we deem to be of a frivolous or vexatious nature.
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:
(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.
4. Where should I send my complaint?
The Programme Director
1st Floor Castleforbes House,
Email: [email protected]
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 Programme Director or a senior member of our management team.
- 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 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.
- 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.
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.
7. The role of the Broadcasting Authority of Ireland
If we have not responded to your complaint within 21 days or if you are not satisfied with our response, you can refer your complaint to the Broadcasting Authority of Ireland. The BAI will consider the complaint and may carry out an independent review of the complaint and our response. A submission to the BAI should be made no later than 14 days following the receipt of the reply from (name of station). The BAI will require a copy of your initial complaint to us along with a copy of our reply to you. Information on how to refer a complaint to the BAI is available on the BAI website at www.bai.ie or from the following address:
Broadcasting Authority of Ireland
2 – 5 Warrington Place, Dublin 2
Phone: (01) 6441200
Fax: (01) 6441299
Email: [email protected]
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 copies of the broadcast material.
Forms to view/download
- Complaint Form: Programming Content – Open File
- Complaint Form: Advertising/Commercial Communications – Open File
- Right of Reply – Open File
- BAI Codes of Fairness, Objectivity & Impartiality in News & Current Affairs – Click here
- BAI Code of Programme Standards – Open File
- BAI General Communications Code – Open File
- BAI Children’s Communications Code – Open File
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 Radio Nova is not obliged to send you a copy of any broadcast. You yourself should have heard the broadcast in question.
RIGHT OF REPLY
The Right of Reply Scheme is published by the Broadcasting Authority Of Ireland (BAI) further to the requirements of the Broadcasting Act 2009.
This Scheme provides for the broadcast of a Right of Reply Statement that will facilitate the correction of incorrect information which has been broadcast and which has resulted in a person’s honour or reputation being impugned. The Scheme details the process by which a listener can exercise a Right of Reply.
The BAI has developed the Scheme further to the requirements of the Broadcasting Act, 2009 and it is intended to provide an opportunity for a person to exercise his/her right to the correction of incorrect information without recourse to legal proceedings which may prove time-consuming and costly.
To access the Right of Reply in English click here: http://www.bai.ie/wordpress/wp-content/uploads/BAI-right-of-reply-scheme.pdf
To access the Right of Reply As Gaeilge clich here: http://www.bai.ie/wordpress/wp-content/uploads/201105_Sc%C3%A9im-maidir-le-Ceart-Freagartha.pdf
If you wish to request a Right of Reply from Radio Nova, please contact our Programme Director at [email protected]