Complaints
Introduction
At Beat 102-103 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 other broadcasting codes published by Coimisiún na Meán. 1
We welcome and will engage with all feedback, both negative and positive, from our listeners and followers concerning any aspect of our service.
We are obliged under the Broadcasting Act, 2009 and the Online Safety and Media Regulation Act 2022 to have in place a Code of Practice for handling complaints from our listeners and followers. 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.
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:
- 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
2. How do I make a complaint?
You can first contact Beat on 051-849 102 or email us on [email protected] or by letter and inform us of your complaint. A member of our staff will contact you to discuss what concerns 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, 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; 4
- 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 another form of commercial communication already broadcast on our service.
The General Data Protection Regulation (GDPR) is an EU regulation, which is in effect since 25th May 2018. The GDPR together with the Data Protection Act 2018, updates existing data protection law; places greater accountability and transparency obligations on organisations when using your personal information; and gives you greater control over your personal information. Beat 102-103 is committed to protecting the rights and privacy of individuals in accordance with latest legislation.
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 that 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?
You should submit your complaint to the following address:
The Programme Controller
The Broadcast Centre
Ardkeen
Waterford
Fax: (051) 849103
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 Controller or a senior member of our programming 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 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 the 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 20 working days from receipt of your complaint.
6. 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.
7. The role of Coimisiún na Meán
If we for any reason we (Beat) have not responded to your complaint within 20 working days or if you are not satisfied with our response, you can refer your complaint to Coimisiún na Meán (CNAM) 14 days after this time has elapsed. CNAM will consider the complaint and may carry out an independent review of the complaint and our response. Information on how to refer a complaint to Coimisiún na Meán is available on the Coimisiún na Meán website at www.cnam.ie or from the following address:
A referral to Coimisiún na Meán can be made as follows –
Via email: [email protected].
Via Post: Coimisiún na Meán, 1 Shelbourne Buildings, Shelbourne Road, Dublin 4, D04 NP20, Ireland
Complaint referrals may also be directed to the user support centre’s telephone contact: (01) 963 7755.
Further information concerning Coimisiún na Meán’s role in broadcast regulation can be found at cnam.ie/broadcasting/
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 Coimisiún na Meán 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 Coimisiún na Meán (CNAM) was established in March 2023 as an independent regulator for radio, television and online media in Ireland. Its functions, roles and responsibilities are set out in the Broadcasting Act, 2009 and the Online Safety and Media Regulation Act (OSMR) 2022.
2 The categories of complaints are specified in the Broadcasting Act, 2009.
3 Commercial Communications is defined in section 2 of the CNAM General Commercial Communications Code and includes, inter alia, advertising, sponsorship, teleshopping and product placement. Members of the public are asked to refer to the CNAM Code.
4 Beat 102-103 is not obliged to send you a copy of any broadcast. You yourself should have heard/viewed the broadcast in question.