Complaints

The Act sets out several grounds under which a complaint may be made in respect of a television and/or radio broadcast and an audiovisual on-demand media service:

Harm, offence, incitement, and authority of the State

46J (1)

A broadcaster shall not broadcast, and a provider of an audiovisual on-demand media service shall not make available in a catalogue of the service –

(a)  anything which may reasonably be regarded as causing harm or undue offence

(b)  anything which may reasonably be regarded as likely to promote, or incite crime,

(c)  anything which may reasonably be regarded as promoting or inciting terrorism online within the terms of the EU Directive on combatting terrorism. 

(d)  anything which may reasonably be regarded as likely to incite to violence or hatred directed against a group of persons,

(e)  anything which may reasonably be regarded as tending to undermine the authority of the State.

Privacy

46K

1) A broadcaster shall ensure that, in programmes broadcast by the broadcaster, and in the means employed to make such programmes, the privacy of any individual is not unreasonably encroached upon.

(2)  A provider of an audiovisual on-demand media service shall ensure that in programmes included in a catalogue of the service, and in the means employed to make such programmes, the privacy of any individual is not unreasonably encroached upon.

News and current affairs

46L

(1) A broadcaster, in programmes which he or she broadcasts, and a relevant media service provider, in programmes which he or she makes available in a catalogue of the relevant service, shall ensure—

(a) that news is reported and presented in an objective and impartial manner and without any expression of the broadcaster’s or provider’s own views, and

(b) that the 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 matter broadcast or made available is presented in an objective and impartial manner and without any expression of the broadcaster’s or provider’s own views.

(2) Should it prove impracticable to apply subsection (1)(b) in relation to a single programme, 2 or more related programmes may be considered as a whole, if—

(a) where the programmes are broadcast, they are broadcast within a reasonable period of each other, or

(b) where the programmes are made available on a relevant service, they are made available in the same way on the relevant service within a reasonable period of each other.

(3) Nothing in subsection (1) prevents a broadcaster from broadcasting, or a relevant media service provider from making available, party political programmes, provided that an unfair preference is not given to any political party—

(a) by a broadcaster, in the allocation of time for such programmes, or

(b) by a relevant media service provider, in the positioning of such programmes in a catalogue of the relevant service.

(4) Subsection (1), in so far as it requires a broadcaster or a relevant media service provider not to express his or her own views, does not apply to news or current affairs relating to a proposal which— (a) concerns policy as regards broadcasting which is of public controversy or the subject of current public debate, and (b) is being considered by the Government or the Minister.

Advertising

46M

(1) A programme broadcast or made available in a catalogue of an audiovisual on-demand media service, may include advertisements inserted in it.

(2) A broadcaster shall not broadcast, and a relevant media service provider shall not make available in a catalogue of the relevant service, an advertisement which—

(a) is directed towards a political end or has any relation to an industrial dispute, or

(b) addresses the issue of the merits or otherwise of adhering to any religious faith or belief, or of becoming a member of any religion or religious organisation.

Copies of the Broadcasting Codes are available from the following website, 

Codes & Standards

If you are satisfied that your complaint is covered by this Code of Practice, you should submit the following details in writing (letter 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 and frequency 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;

• 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. Please click here to download the form. 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.

Phoenix FM is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Acts 1988 – 2018.

We will not accept complaints which we deem to be of a frivolous or vexatious nature.

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.

You should submit your complaint to the following address: The Station Manager, Phoenix FM, The Blanchardstown Centre, Dublin 15 Or email: info@phoenixfm.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 Station Manager or a responsible member of staff.

• 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 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 30 days from receipt of your 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.

If we have not responded to your complaint within 30 days or if you are not satisfied with our response, you can refer your complaint to Coimisiún na Meán. 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 CnaM is available on the CnaM website at http://www.cnam.ie/ or from the following address:

A referral to Coimisiún na Meán can be made as follows –
Via email: usersupport@cnam.ie
Via Post:
Coimisiún na Meán 
1 Shelbourne Buildings
Shelbourne Road
Dublin 4
D04 NP20
Ireland

• Further queries concerning 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 on our website: https://www.cnam.ie/broadcasting/

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 CnaM if the Committee so directs. Our records will include copies of your complaint, our response/s and the audio copies of the broadcast material.