How we deal with complaints to us

Does Coimisiún na Meán check my complaint is valid?

When you make a complaint to Coimisiún na Meán, we first consider whether your complaint is valid.  For a complaint to be valid, it must meet the following conditions:  

• the complaint must relate to one or more statutory standards and/or provisions of a media service code or rule. See What can I complain about?
• the complaint must relate to a broadcaster or video-on-demand provider within the scope of this complaints process. See How to make a complaint
• the statutory and/or regulatory standards which are alleged to be breached must be applicable to the relevant broadcasting or video-on-demand service. See What can I complain about?
• the statutory and/or regulatory standards which are alleged to be breached must be applicable to type of content or matter complained of (e.g. objectivity and impartiality applies to news and current affairs only);   
• it must be possible to identify the broadcast or programme material from the information provided in the complaint; and,  
• the complaint referral must be referred to Coimisiún na Meán within the specified timeframe or we must be satisfied to accept a late referral. See Submit a complaint to us.

We will engage with you if the information provided in your complaint is incomplete or unclear and we will provide you with advice and guidance on how to make your complaint, where possible.  However, it is your responsibility to prepare and submit your complaint to us in writing.    

If Coimisiún na Meán decides your complaint is not valid, we will notify you of this decision and provide reasons for it. 

How does Coimisiún na Meán assess my complaint? 

Where we accept your complaint as valid, we notify the relevant broadcaster/video-on-demand provider that we have received a complaint and we request the relevant material to look into the matter.   

We review the relevant complaint material received and may request further information from you and/or the broadcaster/video-on-demand provider as necessary to consider your 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.   

Your complaint is considered at a meeting of the Commission. (The Commission is the collective body of our Executive Chairperson and our four Commissioners.) The Commission considers the relevant complaint material and decides whether to:  

1. refer the complaint to the broadcaster or video-on-demand provider to be considered under its Code of Practice for Complaint Handling;  
2. dismiss a complaint if it is satisfied that: 
   1. the complaint is frivolous or vexatious or was not made in good faith;  
   2. the subject matter of the complaint is trivial;  
   3. the complaint has been resolved effectively under a broadcaster’s or VOD provider’s Code of Practice for Complaint Handling; or 
   4. the complaint was not made in writing to the Commission in accordance with the statutory timeframes; or  
3. refer the complaint to an authorised person to be considered for investigation 

What criteria does the Commission apply in deciding on my complaint? 

The Commission may decide to refer a complaint to the relevant broadcaster or video-on-demand provider to be considered under its Code of Practice, having regard to the following factors:

• 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.  

The Commission may decide to dismiss your complaint if it is satisfied of the following:   

a) The complaint is frivolous or vexatious or was not made in good faith.  

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.  

b) The subject matter of the complaint is trivial.  

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. 

c) The complaint has been resolved effectively under a broadcaster’s or video-on-demand provider’s Code of Practice for Complaint Handling.  

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.  

d) The complaint was not made in writing to Coimisiún na Meán in accordance with the statutory timeframes.

Submit a complaint to us

Where the Commission does not refer your complaint to the relevant broadcaster or video-on-demand provider or dismiss it, the Commission refers your complaint to be considered for investigation by a person authorised by the Commission to make such decisions. 

How long will it take for the Commission to decide on my complaint? 

The Commission’s decision on your complaint is made within 60 working days from the date on which your complaint is received.

How do I get updates on my complaint?

You can email [email protected] or call +353 1 963 7755 for an update in relation to your complaint. Please quote your case number.

When will I be notified of the Commission’s decision on my complaint?

You will be notified of the Commission’s decision on your complaint no later than 30 days after the date of the decision.

What happens if my complaint is referred to the broadcaster/video-on-demand provider?

Where the Commission decides to refer your complaint to the relevant broadcaster/video-on-demand provider to be handled under its Code of Practice for Complaint Handling, you will receive a notification of the decision. The notification will include a link to the broadcaster’s/video-on-demand provider’s 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.

Coimisiún na Meán will notify the relevant broadcaster/video-on-demand provider of the Commission’s decision, providing a copy of your complaint. Your complaint with Coimisiún na Meán is then considered closed.

What happens if my complaint is dismissed? 

Where the Commission decides to dismiss your complaint, you will receive a notification of the decision which will include a statement of reasons for it. See What criteria does the Commission apply in deciding on my complaint? Your complaint is then closed. 

What happens if my complaint is referred to be considered for investigation? 

Where the Commission decides to refer your complaint to be considered for investigation by a person authorised by the Commission to make such decisions, you will receive a notification of the decision.  

The authorised person considers the referral and decides:  

1. whether there is reason to suspect there has been a contravention of the relevant statute and/or a media service code or rule by the relevant broadcaster/video-on-demand provider and, if so;   
2. whether to direct an authorised officer to carry out an investigation of the suspected contravention.   

The authorised person may decide to direct that an investigation be carried out or not. 

What do I do if I am not satisfied with Coimisiún na Meán’s decision on my complaint? 

The Commission’s decision on your complaint is final and there is no appeals mechanism. 

What information does Coimisiún na Meán publish about my complaint? 

We will publish a notice of our decision on your complaint on our website as soon as is practicable after you have been notified of the decision.  The published notice may include some or all of the following information depending on the nature of the complaint:

• The reference number of your complaint;  
• the title(s) of the programme or content;  
• the broadcasting/video-on-demand service;   
• the date(s) and time(s) on which the programme was broadcast by the broadcaster, or the date accessed from the video-on-demand provider or the date(s) when the alleged breach occurred;    
• the statutory and/or regulatory standards complained of;  
• a short description of the subject of the complaint; 
• the Commission’s decision; and  
• the date of the Commission’s decision.  

We will not publish your name or contact details in this notice.

What does Coimisiún na Meán do with personal data provided in making my complaint?

We have a Privacy Statement on our website to inform individuals whose personal data we process of the data relating to you that we collect, the uses we may make of such data in this context, what rights you have in relation to your data and how to exercise them.  

What information about my complaint may be made available by Coimisiún na Meán?

Records held by Coimisiún na Meán may be requested by persons under the Freedom of Information Act 2014. The provisions of the FOI Act exempt certain records from being released where they contain personal information, commercially sensitive information and other confidential information. We will consult with you in respect of any request received prior to making a decision under the FOI Act.