Midwest Radio Complaints

Midwest Radio Complaints

Code of Practice on Complaints Handling

Introduction

Midwest Radio 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 the Broadcasting Authority of Ireland.

We welcome and will engage with all feedback, both negative and positive, from our listeners concerning any aspect of our service that is brought to our attention by a concerned listener from our franchise area.

We are obliged under the Broadcasting Act, 2009 to have in place a Code of Practice for handling complaints from our listeners/viewers. This Code of Practice sets out and explains our complaint process for listeners/viewers 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.

The range of matters included in the Midwest

  1. Radio Complaints Code of Practice on Complaints Handling are:
  2. Harm, offence, incitement, and authority of State (section 46J)
  3. Privacy (section 46K)
  4. News and Current Affairs (section 46L)
  5. Advertising (sections 46M(2) or (3), 106(3) and 127(6))
  6. Retention of copies of programme material (section 46P(1) or (2))
  7. Media service codes and rules

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:

  1. News
  2. 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 in a balanced and fair manner.

    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.

  3. Programmes
    Midwest Radio 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.

  4. Commercial Communications
    If you have a complaint that does not fall under the categories set out in (i) to (iv) above, we would invite you to avail of our feedback/complaints facility at www.midwestradio.ie/mwr/complaints. If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply Scheme.

The BAI codes can be accessed at www.bai.ie or are available on request from the BAI offices.

How do I make a complaint?

You can first contact us by telephone, email (tommy@midwestradio.ie) or letter and inform us of your complaint.

Your complaint should include:

  • 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 the relevant 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 at www.midwestradio.ie/mwr/complaints. An online complaint facility is also available on our website. 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.

Midwest Radio is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Acts 1988 – 2003.

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

How soon should I take 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.

Where should I send my complaint?

You should submit your complaint to the following address:

Tommy Marren, Station Manager,
Midwest Radio,
Clare Street,
Ballyhaunis, Co. Mayo
Fax: 094 96 30285
tommy@midwestradio.ie

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 Station Manager or a senior member of our programming team.

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.

The role of the Broadcasting Authority of Ireland

Complaint referrals: Complaints may be referred to Coimisiún na Meán if the complainant is not satisfied with the response provided by the broadcaster 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 should also be informed that they then have 14 days to refer their complaint to Coimisiún na Meán. For now, complainants can refer complaints to Coimisiún na Meán using the existing online portal at bai.service-now.com/complaints or they can contact complaints@cnam.ie for further assistance.

Review

This Code of Practice will be reviewed on an annual basis to ensure that it remains in compliance with all regulatory obligations and is meeting the needs of our listeners.

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