Complaints
Complaints
Code of Practice on Complaints Handling
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 as amended by the Online Safety and Media Regulation Act 2022
We welcome and will engage with all feedback, both negative and positive, from our listeners concerning any aspect of our service.
We are 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 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.
For details of your rights - Please click here for section 48.5 of the Broadcasting Act 2009.
What can I complain about?
Broadcast complaints:
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:
- 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 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.
- 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
- Commercial Communications
All commercial communications broadcast by us will be in compliance with the BAI General Commercial Communications Code and the BAI Children’s Commercial Communications Code
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
https://www.midlands103.com/complaints/
If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply Scheme.
How do I make a complaint?
You can first contact us by telephone, email complaints@midlandsradio.fm 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 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 or publication;
- the name of the programme, news item or advertisement/commercial communication that you have viewed/heard and which is the subject of your complaint; or the relevant URL for online content.
- detail exactly what, in the broadcast or publication, concerned you;
Personal details submitted are for use by Midlands 103 only. A complainant’s name shall not be published without his/her prior consent. Midlands 103 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.
To assist complainants you can download our Advertising Complaints Form here or our Programming Complaints Form here. You can also email complaints@midlands103.com. 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.
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:
Managing Director, Midlands 103, Tindle House, Axis Business Park, Tullamore, Co Offaly.
Email: complaints@midlands103.com
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.
- We will write to you to acknowledge receipt of your complaint within seven working days.
- We will consider the issues raised in your complaint.
- We will listen the offending 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.
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 Coimisiún na Meán
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 Coimisiún na Meán. . An Coimisiún will consider the complaint and may carry out an independent review of the complaint and our response.
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
3. Further queries concerning complaint referrals may also be directed to the user support centre’s telephone contact:
(01) 963 7755.
4. Further information concerning Coimisiún na Meán’s role in broadcast regulation can be found on our website:
https://www.cnam.ie/broadcasting/.
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 / audio-visual copies of the broadcast material.
Online complaints
You may also submit complaints concerning the content of Midlands103.com or social media accounts associated with our brand. This extends to the issues detailed above and also includes copyright disputes or 'take down' requests. We will investigate the issues thoroughly and promptly, as per the procedure above, though deadlines for replies will vary.