Code of Practice - How To Make A Complaint

Introduction

We aim to deliver the best possible service to our listeners. We also aim to ensure that our programming is compliant with the requirements set out in the Broadcasting Act, 2009 and broadcasting codes published by Coimisiún na Meán.

If any member of the public is of the opinion that a programme or segment of a programme broadcast on WLR has breached a provision of the Broadcasting Act 2009 or failed to comply with a provision of the CNAM codes and is not satisfied with the station's reply, they are entitled to submit their complaint to the CNAM. This should be done within 14 days following the time limit for the station's response. Information on codes and on the CNAM complaints procedure can be found at www.cnam.ie/broadcasting and below.

We welcome and will engage with all feedback, both negative and positive, from our listeners concerning any aspect of our service.

We are obliged under the Broadcasting Act, 2009 to have in place a Code of Practice for handling complaints from our listeners. This Code of Practice sets out and explains our complaint process for listeners and ensures that we deal with complaints in an effective and efficient manner. It should be noted that the Code of Practice only relates to certain categories of complaints as detailed below.

For details of your rights - Please click here for section 48.5 of the Broadcasting Act 2009.

1. What can I complain about?

You may submit a complaint to us if you are of the opinion that a broadcast or part of a broadcast on our service has breached one or more of the following obligations:

(i) News
We will ensure that our news programming is objective and impartial without any expression of our own views.

(ii) Current affairs
We will ensure that our current affairs programming is:
- objective and impartial without any expression of our own views; and
- will treat the subject matter and all interests concerned fairly.

If we cannot achieve fairness, objectivity and impartiality in one current affairs programme, we will do so in related broadcasts that will be broadcast within a reasonable period of each other.

(iii) Programmes
We will ensure that our programming does not contain any content which may reasonably be regarded as
- causing harm or offence;
- tending to promote, or incite crime;
- tending to undermine the authority of the State; or
- unreasonably encroach upon the privacy of an individual.

We also will ensure programming is in compliance with the CNAM Code of Programme Standards.

(iv) Commercial Communications
All commercial communications broadcast by us will be in compliance with the CNAM General Commercial Communications Code and the CNAM Children's Commercial Communications Code.

An advertising/commercial complaint form is available here: Advertising Complaint Form.

If your complaint concerns alleged defamation, you should refer to the CNAM Right of Reply Scheme.

2. How do I make a complaint

You can first contact us by telephone, email [email protected] or write a letter and inform us of your complaint. A member of our staff will contact you to discuss what concerned you and attempt to resolve the matter to your satisfaction. If we cannot resolve your complaint to your satisfaction, and you are satisfied that your complaint is covered by this Code of Practice, you should submit the following details in writing (letter, fax or email): to WLR, The Broadcast Centre, Ardkeen, Waterford.

WLR is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Acts 1988-2003.

In order for your complaint to be accepted and considered, it must include the above details and must refer to a programme, advertisement or another form of commercial communication already broadcast on our service. To assist complainants you can download a 'Complaint Form' below.

To assist complainants a 'Complaint Form' is available to download from our website: Programming and News Complaint Form and/or Advertising Complaint Form.

If, by reason of disability or other good reason, you are unable to submit the complaint in writing, please contact us and we will assist you to do so.

We will not accept complaints which we deem to be of a frivolous or vexatious nature.

3. How soon should I make my complaint after the broadcast?

The Broadcasting Act, 2009 requires you to make your complaint not more than 30 days after the date of broadcast:

(a) if your complaint relates to one broadcast, 30 days after the date of that broadcast;
(b) if your complaint relates to two or more unrelated broadcasts; 30 days after the date of the earlier or earliest of those broadcasts;
(c) if your complaints relate to two or more related broadcasts of which at least two are made on different dates; 30 days after the date of the later or latest of those broadcasts.

Complaints submitted outside of these time periods cannot be considered.

4. Where should I send my complaint?

You should submit your complaint to the following address:

5. What will happen to my complaint?

Once we have accepted your complaint we will work to resolve the issue/s as soon as possible. Your complaint will be carefully considered, investigated if necessary, and responded to in writing by our Programme Director or a senior member of our programming team.

• • We will write to you to acknowledge receipt of your complaint within 7 working days.

We will consider the issues raised in your complaint.

• We will listen to the programme/broadcast item identified in your complaint.
• Where appropriate, we will consult with any party to which your complaint relates, for example, the advertiser, the presenter or programme maker, to give that party an opportunity to provide observations and comments in relation to the issues raised by you.
• We will provide a response to your complaint which will, as far as possible, address all of the issues/concerns you have raised. We will set out the reasons for our decision on your complaint.

This response will be sent to you within 21 days from receipt of your complaint.

6. What are the potential outcomes of my complaint?

We may uphold or reject a complaint. Upholding a complaint means that we believe that our programming did not comply with our obligations covered by this Code of Practice. Rejecting a complaint means we believe that our programming was in compliance with our obligations.

If we uphold your complaint, we will seek to resolve it to your satisfaction in an agreed manner. The manner of resolution will be decided on a case by case basis but may include an apology, correction, clarification and/or the offer of a rebuttal.

7. The role of Coimisiún na Meán

If we have not responded to your complaint within 21 days or if you are not satisfied with our response, you can refer your complaint to the Coimisiún na Meán. The CNAM will consider the complaint and may carry out an independent review of the complaint and our response. Information on how to refer a complaint to the CNAM is available on the CNAM website at www.CNAM.ie or from the following address:

Complaints Officer
Coimisiún na Meán
2-5 Warrington Place,
Dublin 2
Phone: (01) 6441200
Fax: (01) 6441299 E-mail: [email protected].

We are required under the Broadcasting Act, 2009 to keep a record of all complaints submitted in accordance with this Code of Practice for two years. We are also obliged to provide these records to the Compliance Committee of the BAI if the Committee so directs.

Our records will include copies of your complaint, our response/s and the audio copies of the broadcast material.