Midwest Radio Complaints 

Code of Practice on Complaints Handling

Introduction

Midwest Radio 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 and will engage with all feedback, both negative and positive, from our listeners concerning any aspect of our service that is brought to our attention by a concerned listener from our franchise area. 

We are obliged under the Broadcasting Act, 2009 to have in place a Code of Practice for handling complaints from our listeners/viewers.  This Code of Practice sets out and explains our complaint process for listeners/viewers 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 range of matters included in the Midwest Radio Complaints Code of Practice on Complaints Handling are:

1. Range of matters and relevant sections of the legislation: •

2. Harm, offence, incitement, and authority of State (section 46J) •

3. Privacy (section 46K) • News and Current Affairs (section 46L) •

4. Advertising (sections 46M(2) or (3), 106(3) and 127(6)) •

5. Retention of copies of programme material (section 46P(1) or (2)) • Media service codes and rules

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] 

1. (i)News 
   

1. (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 in a balanced and fair manner. 

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.  

1. (iii)Programmes 
   Midwest Radio 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  

1. (iv)Commercial Communications 

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 facility at www.midwestradio.ie/mwr/complaints  
If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply Scheme.[4] 

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 (This email address is being protected from spambots. You need JavaScript enabled to view it.) or letter and inform us of your complaint. 

• ·your name and address[5]; 

• ·the category of complaint; (please refer to the categories of complaints in ‘What I can complain about?’ above) 

• ·the date, time of the relevant broadcast; 

• ·the name of the programme, news item or advertisement/commercial communication that you have heard and which is the subject of your complaint[6]; 

• ·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. 

To assist complainants a ‘Complaint Form’ is available to download from our website at www.midwestradio.ie/mwr/complaints.  An on-line complaint facility is also available on our website. 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. 

Midwest Radio 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 take 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 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: 

Tommy Marren, Station Manager, 

Midwest Radio, Clare Street, 

Ballyhaunis, Co. Mayo 

Fax:    094 96 30285 

This email address is being protected from spambots. You need JavaScript enabled to view it. 

•  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 Station Manager or a senior member of our programming team. 

•  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 the Broadcasting Authority of Ireland   

Complaint referrals: Complaints may be referred to Coimisiún na Meán if the complainant is not satisfied with the re-sponse 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 should al-so be informed that they then have 14 days to refer their complaint to Coimisiún na Meán. For now, complainants can refer complaints to Coimisiún na Meán using the existing online portal at https://bai.service-now.com/complaints or they can contact This email address is being protected from spambots. You need JavaScript enabled to view it. 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 / audio-visual copies of the broadcast material.  

• The Broadcasting Authority of Ireland (BAI) was established on October 1^st 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.

• The categories of complaints are specified in the Broadcasting Act, 2009.

• 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.

• The Right of Reply Scheme was prepared by the BAI pursuant to section 49 of the Broadcasting Act, 2009.

• The name of the complainant will not be published without his/her consent, for example, where a complaint is upheld. The contact details are for use by Midwest Radio only.

• Midwest Radio is not obliged to send you a copy of any broadcast. You yourself should have heard the broadcast in question.