Procedure

Part 3B of the Broadcasting and Other Media Regulation Acts 2009 and 2022 sets out the requirement for broadcasters and on-demand providers to publish and maintain a Code of Practice for Complaint Handling. 

This also describes the process used by us in accepting and deciding on complaints from members of the public regarding statutory or regulatory standards. 

Complaints process

Under section 48 of the Broadcasting and Other Media Regulation Acts 2009 and 2022, a person may make a complaint to Coimisiún na Meán that there has been a failure to comply with requirements relating to the below duties:

  • harm, offence, incitement and authority of the State;  
  • privacy; 
  • news and current affairs;  
  • advertising;  

or a media service code or rule.

Broadcasters and media service providers are obliged to give due and adequate consideration to complaints which are made in writing and which concern alleged failures to comply with the above-mentioned statutory duties, with media service codes and/or with media services rules. This is provided the complaint is made not more than 30 days after:  

  1. where the complaint relates to one broadcast, the date of the broadcast; 
  2. where the complaint relates to two or more unrelated broadcasts, the date of the earlier, or earliest of those broadcasts; 
  3. where the complaint relates to two or more related broadcasts of which at least two are made on different dates, the later or latest of those dates; or 
  4. where the complaint relates to programme material made available on an audiovisual on-demand media service, the date upon which the programme material ceased to be available on the relevant audiovisual on-demand media service. 

Consideration of a complaint by Coimisiún na Meán should take place within 60 working days of its acceptance.  

Complaints to the broadcaster/media service provider

We advise complainants to make their complaint to the broadcaster or provider of an audiovisual on-demand media service in the first instance to be considered in accordance with the Code of Practice for Complaint Handling (see below). We believe this is the quickest way for a complainant to get a response and possible resolution to their complaint. 

However, we may take complaints directly on request from the complainant or where we consider it appropriate. 

Complaint referrals to Coimisiún na Meán

If a complainant is not satisfied with the response to their complaint or they do not receive a response within the timeframe specified in the Code of Practice, the complaint may be referred to us. Complaints should be referred no later than 14 days from the date of the response or from when a response was due if none was received.  However, we can accept late referrals on a case-by-case basis if we consider the delay was not unreasonable. 

When we receive a complaint, we will notify the broadcaster or media service provider that we have received a complaint and request the submission of the relevant recordings.

Decision

Coimisiún na Meán reviews the relevant complaint material received and may request further information from the complainant and/or the broadcaster/video-on-demand provider as necessary to consider the complaint.  We may also seek advice and/or expertise from an advisory committee and/or subject expert as considered necessary to inform our decision on a complaint.   

A complaint is considered at a meeting of the Commission (this is our collective of six Commissioners, who come together to meet and make key decisions). The Commission considers the relevant complaint material and decides whether to:

  1. refer it to the relevant broadcaster or video-on-demand provider to be handled under its Code of Practice for Complaint Handling;   
  2. dismiss it (in certain circumstances), or, if not doing either of those;
  3. refer the complaint to an authorised person to be considered for investigation. 

Decision criteria

The Commission applies the following criteria in making its decision. 

Referring a complaint to the broadcaster or video-on-demand provider: 

  • whether the complaint was made to the broadcaster / video-on-demand provider in the first instance;  
  • whether the response from the broadcaster / video-on-demand provider to the complaint satisfactorily addressed the alleged breach of standards or requirements in the complaint; and/or  
  • any other factors the Commission considers appropriate. 

Dismissing a complaint

A complaint may be considered frivolous, vexatious or not made in good faith if, in the opinion of the Commission, it meets any of the following criteria:

  • the complaint constitutes an abuse of the complaint process;  
  • the complainant is not acting bona fide;  
  • the complaint is obviously unsustainable or lacking in merit;  
  • the complaint is made for a purpose other than what appears to be the substance of the complaint (for an ulterior motive);  
  • the complaint is unintelligible;  
  • the complaint is in substance the same as a complaint which has previously been decided by the Commission;  
  • the complainant is seeking to pursue an obviously unmeritorious complaint and/or is seeking manifestly unrealistic redress or an unreasonable outcome;  
  • the complainant is seeking to pursue a potentially meritorious complaint in a manifestly unreasonable manner;  
  • the complainant has, without good cause, failed to co-operate and/or comply with reasonable requests or requirements of the Commission; and/or  
  • any other circumstances in which the Commission decides a complaint may be frivolous, vexatious or not made in good faith.  

The subject matter of a complaint may be considered trivial if, in the opinion of the Commission, it meets any of the following criteria: 

  • the issues being complained can be said to be immaterial;  
  • the issues being complained of can be reduced to the level of a mere technicality or unsubstantiality;  
  • the issue that is the subject of the complaint arises by virtue of a merely technical or minimal non-observance;  
  • the issues complained of can be characterised as no more than an insignificant failure to comply with a requirement;  
  • the complaint is on the basis of a failure of form rather than substance;  
  • the consequences stemming from a contravention are minimal and/or there is no prejudice stemming from the contravention; and/or  
  • any other circumstances in which the Commission decides the subject matter of a complaint is trivial.

A complaint may be considered resolved effectively where, in the opinion of the Commission, the complainant is satisfied the matters raised in his/her complaint have been addressed and resolved and the complainant no longer wishes to pursue the complaint.  

The complaint was not made in writing to the Commission in accordance with the statutory timeframes. 

Referring a complaint to an authorised person be considered for investigation

The Commission is required to refer a complaint to an authorised person to be considered for investigation if it decides not to refer it back to the broadcaster or video-on-demand provider or if there are no grounds for dismissing the complaint.  An ‘authorised person’ may be a Commissioner or senior member of staff of Coimisiún na Meán who has been authorised by the Commission to make decisions on whether to investigate suspected contraventions of statutory and/or regulatory standards arising from complaints.

A referral to an authorised person is not an indication of whether the Commission considers that there is reason to suspect there has been a contravention of statutory or regulatory standards. That is what the authorised person decides.

The authorised person may decide:

  • that there is no reason to suspect a contravention and close the matter,
  • that there is reason to suspect a contravention but that it may be resolved by engagement with the relevant broadcaster or VOD provider, or
  • that there is reason to suspect a contravention and that it warrants an investigation.

No suspected contravention

If the authorised person makes a decision that there is no reason to suspect a contravention of statutory or regulatory standards, the authorised person notifies the broadcaster/video-on-demand provider of the decision. We also notify the complainant of the decision and update the published notice of the complaint decision on our website.

Suspected contravention which may be resolved informally

We have provided an informal mechanism to resolve suspected contraventions of statutory and/or regulatory standards, where appropriate and possible to resolve outside of formal enforcement action. This allows for a proportionate use of our regulatory resources and powers. Where an authorised person provisionally decides that there may be reason to suspect a contravention of standards, the authorised person notifies the broadcaster/video-on-demand provider of this provisional decision and the reasons for it. The broadcaster/video-on-demand provider is given an opportunity to make a submission in relation to the provisional decision, which may include proposed measures to remedy the suspected contravention and to ensure no recurrence of it if the broadcaster/video-on-demand provider accepts the provisional decision. The authorised person considers any submission made by the broadcaster/video-on-demand provider and decides whether to initiate an investigation.

Where the authorised person decides not to investigate on the basis of remedial measures the broadcaster/video-on-demand provider has offered to implement, the authorised person notifies the broadcaster/video-on-demand provider of this decision and the reasons for it. We also notify the complainant of the decision and update the published notice of the complaint decision on our website.

We will monitor the implementation of any remedial measures offered by the broadcaster/video-on-demand provider. Failure to implement remedial measures without good reason for not doing so will not re-open the complaint, but will be recorded for consideration of any future complaints or suspected contraventions by that broadcaster/video-on-demand provider.

Suspected contravention and decision to investigate

If the authorised person decides there is reason to suspect a contravention of statutory and/or regulatory standards and that it warrants an investigation, the authorised person appoints an authorised officer to undertake an investigation and prepares terms of reference for the investigation. These steps are part of a separate process to the Complaint Handling process. The broadcaster/video-on-demand provider can expect to receive formal notification of the decision to investigate as part of this separate investigation process.

Where the decision is to investigate a suspected contravention, we generally notify the complainant of the decision unless we consider it inappropriate to do so, for example, where a notification could be considered to prejudice the conduct or outcome of an investigation.

Notification and publication of complaint decision

Comisiún na Meán notifies the complainant of the decision within 30 days of the decision. If the decision is to dismiss the complaint, we will provide the reasons for this decision. 

The broadcaster/video-on-demand provider is also notified of the decision on a complaint. 

We publish a notice of a complaint decision on our website after we have notified the relevant complaint parties. 

Code of Practice – Complaint Handling

Broadcasters and audiovisual on-demand media service providers are obliged to give due and adequate consideration to complaints which are made in writing and which concern alleged failures to comply with the above-mentioned statutory duties, with media service codes and/or with media services rules provided the complaint is made not more than 30 days after 

  1. where the complaint relates to one broadcast, the date of the broadcast; 
  2. where the complaint relates to two or more unrelated broadcasts, the date of the earlier, or earliest of those broadcasts; 
  3. where the complaint relates to two or more related broadcasts of which at least two are made on different dates, the later or latest of those dates; or 
  4. where the complaint relates to programme material made available on an audiovisual on-demand media service, the date upon which the programme material ceased to be available on the relevant audiovisual on-demand media service.  

A broadcaster or media service provider may decide not to consider such a complaint where, in the opinion of the broadcaster or provider, the complaint is frivolous, vexatious or was not made in good faith.  

Broadcasters and audiovisual media service providers are required to prepare and implement a Code of Practice for the handling of such complaints and to make provision for the following matters –  

  1. an initial point of contact for complainants, including an email address;  
  2. the time period within which the provider is required to respond to complaints; and  
  3. the procedures to be followed by the provider in the resolution of complaints.  

Such codes of practice are required to be published on broadcaster’s or the media service provider’s website and to be made generally available.  

Broadcasters and media service providers are obliged to provide information regarding an initial point of contact for the making of complaints and the time period for responding to complaints to Coimisiún na Meán for publication on our website.  

Broadcasters and media service providers are obliged to keep a record of complaints made under its Code of Practice for Complaint Handling and any responses provided to such complaints for a period of two years from the date of receipt of the complaint. Such complaint records are required to be made available to Coimisiún na Meán on request.  

We may prepare and publish guidance for providers in relation to the preparation and implementation of a Code of Practice for Complaint Handling.