Broadcasting Act 2009

47

Code of practice — complaints handling.

47.— F78[(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 F79[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, F80[]

(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 F81[those dates, or]

F82[(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 F79[broadcaster or provider of an audiovisual on-demand media service] shall prepare and implement a code of practice for the handling F83[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 F79[broadcaster or provider of an audiovisual on-demand media service] shall respond to complaints, and

(c) the procedures to be followed by the F79[broadcaster or provider of an audiovisual on-demand media service] in the resolution of complaints.

(4) A F79[broadcaster or provider of an audiovisual on-demand media service] shall publish on a website maintained by the F79[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 F84[broadcasters or providers of an audiovisual on-demand media service] for the purposes of ensuring compliance with subsection (3).

(6) A F79[broadcaster or provider of an audiovisual on-demand media service] shall supply F85[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 F79[broadcaster or provider of an audiovisual on-demand media service] shall keep a record of complaints made under subsection (1) F86[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 F79[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 F79[broadcaster or provider of an audiovisual on-demand media service] under subsection (7).

Annotations

Amendments:

F78

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(a), S.I. No. 71 of 2023.

F79

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(g), S.I. No. 71 of 2023.

F80

Deleted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(b)(i), S.I. No. 71 of 2023.

F81

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(b)(ii), S.I. No. 71 of 2023.

F82

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(b)(iii), S.I. No. 71 of 2023.

F83

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(c), S.I. No. 71 of 2023.

F84

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(d), S.I. No. 71 of 2023.

F85

Substituted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(e), S.I. No. 71 of 2023.

F86

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 11(f), S.I. No. 71 of 2023.