Broadcasting Act 2009
Code of practice — complaints handling.
47.— F86[(1) A broadcaster or provider of an audiovisual on-demand media service shall give due and adequate consideration to a complaint made in writing to it that it has failed to comply with one or more of the matters referred to in section 48(1) where, in the opinion of the broadcaster or provider of an audiovisual on-demand media service, the complaint is made in good faith and is not frivolous or vexatious.]
(2) A complaint under subsection (1) shall be made to the F87[broadcaster or provider of an audiovisual on-demand media service] 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, F88[…]
(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 F89[those dates, or]
F90[(d) in the case the complaint relates to programme material made available on an audiovisual on-demand media service, the date the programme material ceased to be available on that service.]
(3) A F87[broadcaster or provider of an audiovisual on-demand media service] shall prepare and implement a code of practice for the handling F91[in accordance with subsection (1) of complaints made in accordance with subsection (2) or referred under section 48(3)]. 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 F87[broadcaster or provider of an audiovisual on-demand media service] shall respond to complaints, and
(c) the procedures to be followed by the F87[broadcaster or provider of an audiovisual on-demand media service] in the resolution of complaints.
(4) A F87[broadcaster or provider of an audiovisual on-demand media service] shall publish on a website maintained by the F87[broadcaster or provider of an audiovisual on-demand media service], 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 F92[broadcasters or providers of an audiovisual on-demand media service] for the purposes of ensuring compliance with subsection (3).
(6) A F87[broadcaster or provider of an audiovisual on-demand media service] shall supply F93[the matters referred to in subsection (3)(a) and (b), and the address of the website referred to in subsection (4),] to the Compliance Committee who shall cause such information to be published on a website maintained by the Authority.
(7) A F87[broadcaster or provider of an audiovisual on-demand media service] shall keep a record of complaints made under subsection (1) F94[or referred under section 48(3)] and of any reply made thereto for a period of 2 years from the date of receipt of the complaint.
(8) A F87[broadcaster or provider of an audiovisual on-demand media service] shall, if directed by the Compliance Committee, make available for inspection by the Compliance Committee all records kept by the F87[broadcaster or provider of an audiovisual on-demand media service] under subsection (7).
Annotations
Amendments:
F86
Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(a), S.I. No. 71 of 2023.
F87
Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(g), S.I. No. 71 of 2023.
F88
Deleted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(b)(i), S.I. No. 71 of 2023.
F89
Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(b)(ii), S.I. No. 71 of 2023.
F90
Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(b)(iii), S.I. No. 71 of 2023.
F91
Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(c), S.I. No. 71 of 2023.
F92
Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(d), S.I. No. 71 of 2023.
F93
Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(e), S.I. No. 71 of 2023.
F94
Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(f), S.I. No. 71 of 2023.