Broadcasting Act 2009

PART 4

Redress

47.

Code of practice — complaints handling.

47.— (1) 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.

(2) A complaint under subsection (1) shall be made to the broadcaster not more than 30 days after—

( a) in case the complaint relates to one broadcast, the date of the broadcast,

( b) in the case of 2 or more unrelated broadcasts, the date of the earlier or earliest, as the case may be, of those broadcasts, or

( c) in case the complaint relates to 2 or more related broadcasts of which at least 2 are made on different dates, the later or latest of those dates.

(3) 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.

(4) A broadcaster shall publish on a website maintained by the broadcaster, and generally make available, a copy of the code of practice prepared under subsection (3) .

(5) The Compliance Committee may prepare and publish guidance for broadcasters for the purposes of ensuring compliance with subsection (3) .

(6) A broadcaster shall supply the information required under subsection (3) to the Compliance Committee who shall cause such information to be published on a website maintained by the Authority.

(7) A broadcaster shall keep a record of complaints made under subsection (1) and of any reply made thereto for a period of 2 years from the date of receipt of the complaint.

(8) A broadcaster shall, if directed by the Compliance Committee, make available for inspection by the Compliance Committee all records kept by the broadcaster under subsection (7) .