Under the Online Safety and Media Regulation Act 2022 (“the OSMR Act”), Coimisiún na Meán replaced The Broadcasting Authority of Ireland (BAI) on March 15th, 2023, as an independent regulator for radio and television broadcasters in Ireland.
Its functions, roles and responsibilities are set out in the Broadcasting Act, 2009.
Kfm aims to deliver the best possible service to our listeners/viewers. We also aim to ensure that our broadcasting output is compliant with the requirements set out in legislation and broadcasting codes published by Coimisiún na Meán (CnaM)
We welcome and will engage with all feedback, both negative and positive, from our listeners / viewers concerning any aspect of our service.
The statutory duties applying to broadcasters from 15th, March 2023 at Part 3B of the OSMR Act., require broadcasters to comply with any media service codes and rules made by an Coimisiún.
Prior to an Coimisiún making any such codes and rules, existing BAI Codes and Rules remain in force for broadcasters.
Broadcasters remain obliged to consider complaints about broadcast content not complying with statutory and/or regulatory standards. As was the case under the Broadcasting Act 2009, broadcasters are required to publish on their websites a Code of Practice for handling complaints from our listeners/viewers.
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.
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:
Range of matters and relevant sections of the legislation:
• Harm, offence, incitement, and authority of State (section 46J)
• Privacy (section 46K)
• News and Current Affairs (section 46L)
• Advertising (sections 46M(2) or (3), 106(3) and 127(6))
• Retention of copies of programme material (section 46P(1) or (2))
• Media service codes and rules
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 BAI Code of Programme Standards
- Types of personal information Kfm processes
- How we process it
- Purpose for processing it
- How we use it
- With whom we share it
- How long will we retain it
Kfm’s processing of your personal information is in accord with:
- The Irish Data Protection Acts 1988 to 2018,
- EU General Data Protection Regulation (GDPR) 2016
- EU Privacy and Electronic Communications and Regulations 2003
- Compliance by the Kfm team and their vigilance and diligence in observing all provisions of relevant legislation.
We will ensure that our news programming is objective and impartial without any expression of our own views.
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.
All commercial communications broadcast by us will be in compliance with the BAI Revised General and Children’s Commercial Communications Codes – June 2013
If you have a complaint that does not fall under the categories set out in (i) to (iv) above, we would invite you to email us at email@example.com
If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply Scheme
2. How do I make a complaint?
You can first contact us by telephone 045 898 999, email firstname.lastname@example.org or send us 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 or email):
- your name and address;
- the category of complaint; (please refer to the categories of complaints in ‘What I can complain about?’ above)
- the date, time of broadcast;
- the name of the programme, news item or advertisement/commercial communication that you have heard and which is the subject of your complaint;
- detail exactly what, in the broadcast, concerned you;
In order for your complaint to be accepted and considered, it must include the above details and must refer to a programme, advertisement or other form of commercial communication already broadcast on our service.
To assist complainants a ‘Complaint Form’ is available to download from our website:
Advertising / Commercial Communications
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 relates 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:
Kfm Radio, Kfm Broadcast Centre, Newhall, Naas
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 Controller /Station Editor/ 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 20 working days from receipt of your complaint.
6. What are the potential outcomes for 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 20 working days or if you are not satisfied with our response, you can refer your complaint to Coimisiún na Meán (CnaM). CnaM will consider the complaint and may carry out an independent review of the complaint and our response.
Complaints may be referred to Coimisiún na Meán if the complainant is not satisfied with the response provided by Kfm or if no response is provided within the timeframe of 20 working days as set out in the Code of Practice for Complaints Handling. Complainants then have 14 days to refer their complaint to Coimisiún na Meán.
Complainants can refer complaints to Coimisiún na Meán using the existing online portal at https://bai.service-now.com/complaints or they can contact email@example.com or (01) 6441 200 or write to: 2-5 Warrington Place, Dublin 02 XP29
8. Record of Complaints
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 CnaM if the Committee so directs.
Our records will include copies of your complaint, our response/s and the audio / audio-visual copies of the broadcast material.
1 Under the Online Safety and Media Regulation Act 2022 (“the OSMR Act”), Coimisiún na Meán replaced The Broadcasting Authority of Ireland (BAI) on March 15th, 2023, as an independent regulator for radio and television broadcasters in Ireland. Its functions, roles and responsibilities are set out in the Broadcasting Act, 2009
2 The categories of complaints are specified in the Broadcasting Act, 2009.
3 Commercial Communications is defined in section 2 of the CnaM General Commercial Communications Code and includes, inter alia, advertising, sponsorship, teleshopping and product placement. Members of the public are asked to refer to the Code.
4 Kfm Radio is not obliged to send you a copy of any broadcast. You yourself should have heard the broadcast in question.
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