How to make a complaint

You have a right to complain if you believe you have seen or heard something broadcast or made available on a video-on-demand service that does not meet statutory standards that are set out in Part 3B of the Broadcasting and Other Media Regulation Acts 2009 and 2022, and/or in a media service code and rule.

Who can I complain to? 

We advise this because Broadcasters and video-on-demand (VOD) providers are required to prepare, implement and publish a Code of Practice for Complaint Handling which:  

• provides a point of contact for complaints;  
• sets out the timeframe for responding to complaints; and  
• explains the procedures for complaint handling.

Broadcasters and video-on-demand providers have a timeframe for responding to complaints (usually 20 working days) and this is the quickest way for you to have your complaint considered and responded to.

How to make a complaint

You should make your complaint in writing to the TV, radio or video-on-demand service where you saw or heard the issue you want to complain about. 

Your complaint should include: 

• your name and contact details;  
• the name/title of programme;   
• the broadcasting or video-on-demand service;  
• the date and time which the programme was broadcast by the broadcaster or the date you accessed programme material on the video-on-demand service;   
• the statutory and/or regulatory standards you believe were not complied with (read What can I complain about?); and
• the reasons why you believe the programme material did not comply with those standards. 

Where your complaint relates to the quality of access services, you may be asked to provide technical information about the device and platform you use. This is to assist the broadcaster or video-on-demand provider in assessing the issues identified in your complaint.  

Where your complaint relates to (1) advertising time, (2) the time given to news and current affairs, (3) the amount of subtitling/Irish Sign Language or Audio Description on a broadcast service, or (4) whether the broadcaster/VOD provider has retained recordings of programme material, you may be asked to provide the specific dates and/or hours (as applicable) on which you believe the requirements were not met. 

Who can make a complaint?

A complaint may be made by an individual or a registered organisation or company.  A complaint made by an organisation or company must include the name and contact details of an individual who is the point of contact in relation to the complaint.  

Complaints cannot be made jointly by two or more persons. This is to avoid potential conflicts between those persons in deciding whether to proceed, withdraw or resolve a complaint during the complaint handling process.  In such cases, the persons are entitled to make separate complaints on the same matter.  

Complaints relating to privacy shall generally be made by the person whose privacy is alleged to have been unreasonably encroached upon by a broadcast or programme material.  There may be certain circumstances in which it is not possible for that person to make a complaint.  In such cases, the complaint may be made on the person’s behalf by a nominated person.  You can contact us at: +353 1 963 7755 or [email protected] for guidance on nominating a person to make a complaint. 

How much time do I have to make a complaint?

Your complaint must be made in writing and submitted to the broadcaster/video-on-demand provider within the following timeframes:

• If the complaint relates to one broadcast, no later than 30 days of the date of the broadcast  
• If the complaint relates to two or more unrelated broadcasts, no later than 30 days of the date of the earliest of those broadcasts  
• If the complaint relates to two or more related broadcasts (of which at least 2 were made on different dates), no later than 30 days of the date of the latest of those broadcasts  
• If the complaint relates to programme material made available on a VOD service, no later than 30 days of the date the programme material ceased to be available on that service 

What can I expect from a broadcaster/video-on-demand provider in handling my complaint?

You can expect a broadcaster or video-on-demand provider to give due and adequate consideration to your complaint where you have made it in writing within the required timeframe and where you have provided enough information for the broadcaster or video-on-demand provider to identify the relevant programme material, the standards you believe were breached and the reasons why you believe the standards were breached.    

On the broadcaster’s or video-on-demand provider’s website, you can expect to find its complaint handling procedures and the timeframe in which you can expect a response to your complaint. These must be published in a Code of Practice for Complaint Handling on the broadcaster’s/VOD provider’s website.  

A broadcaster or video-on-demand provider is not required to consider a complaint if it believes the complaint to be frivolous, vexatious or not made in good faith. 

What can I do if a broadcaster/video-on-demand provider does not respond to my complaint?

A broadcaster/video-on-demand provider should respond to your complaint within the timeframe set out in its Code of Practice for Complaint Handling published on its website.  The timeframe is usually 20 working days.    

If a broadcaster/video-on-demand provider does not respond to your complaint within the timeframe set out in its Code of Practice for Complaint Handling, you are entitled to refer your complaint to Coimisiún na Meán.  Your complaint should be referred no later than 14 days after the date a response from the broadcaster/VOD provider was due. See Submit a complaint to us for information on how to refer your complaint. 

When can I make a complaint to Coimisiún na Meán? 

You can refer your complaint to us where you made the complaint to the relevant broadcaster or video-on-demand provider in the first instance and:  

• you believe the broadcaster’s/video-on-demand provider’s response did not satisfactorily address the alleged breach of standards in your complaint; or   
• you did not receive a response from the broadcaster/video-on-demand provider within the timeframe for responding to complaints in the broadcaster/video-on-demand provider’s Code of Practice for Complaint Handling (generally 20 working days).  

There may be circumstances in which you would prefer to make your complaint directly to us or where we consider there are reasons to take a complaint directly.  This may be where:  

• the complaint is of a sensitive nature and/or relates to the privacy of a complainant;  
• the broadcaster or video-on-demand provider does not have a Code of Practice for Complaint Handling in place.  
• there is deemed to be a risk of harm due to the ongoing availability of the content complained of; or  

If you make your complaint directly to us, please provide your reasons in writing for doing so.  

You are advised that we may later decide to refer your complaint to a broadcaster or video-on-demand provider to be handled under its Code of Practice for Complaint Handling.