Galway Bay FM - Public Announcments

Galway Bay FM’s Complaints Code Of Practice

 Galway Bay FM aims to provide the best possible service to our listeners. We also aim to ensure that all of our programming is compliant with the requirements set out in the Broadcasting Act, 2009 and all broadcasting codes published by the Broadcasting Authority of Ireland

We welcome and engage with all listener feedback regarding any aspect of our service.

Galway Bay FM is obliged under the Broadcasting Act 2009 to have in place a Code of Practice for handling complaints from listeners. The code sets out and explains our complaint process and ensures that we deal with complaints in an effective and timely manner. It should be noted that this Code of Practice relates only to certain categories of complaints as set out below…

Under Section 47(1) of the Broadcasting Act 2009, A Broadcaster shall give due and adequate consideration to a complaint on one or more of the grounds specified in section 48(1), made in writing by a person in respect of the broadcasting service provided by the Broadcaster which, in the opinion of the Broadcaster, has been made in good faith and is not of a frivolous or vexatious nature.

Section 47(3) deems that a Broadcaster shall prepare and implement a code of practice for the handling of complaints made under subsection (1). The code of practice shall make provision for the following matters—
(a) an initial point of contact for complainants, including an electronic-mail address,
(b) a time period within which the Broadcaster shall respond to complaints, and
(c) the procedures to be followed by the Broadcaster in the resolution of complaints.

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 Galway Bay FM has breached one or more of the following obligations :

News – We will ensure that our news programming is objective and impartial without any expression of our own views

Current Affairs – We will ensure that our current affairs programming is objective and impartial without any expression of our own views. We will treat the subject matter and all interests concerned fairly. If we cannot achieve fairness, impartiality and objectivity in one current affairs programme, we will do so in related broadcasts that will be broadcast within a reasonable time period of each other.

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
• Unreasonably encroach upon the privacy of an individual

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

Commercial Communications – All commercial communications broadcast by Galway Bay FM will be in compliance with the BAI General Commercial Communications Code and the BAI Children’s Commercial Communications Code.

If you have a complaint that does not fall under the categories set out above, we would invite you to avail of our feedback facility – info@galwaybayfm.ie or by calling our comment line on 091 77 00 00

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, email or letter and inform us of your complaint. A member of staff will contact you to discuss your concerns and attempt to resolve the matter to your satisfaction. If we cannot resolve the matter 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:

• Your name and address
• The category of your complaint (please refer to the categories outlined above in section 1)
• The date and 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 Galway Bay FM.

To assist complainants a “Complaint Form - Programming” and a “Complaint Form – Commercial Communications” is available to download from our website at www.galwaybayfm.ie/complaints. 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 your submission. Galway Bay FM 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 the 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 complaint 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 made outside of these time periods cannot be considered.

4 – Where should I send my complaint?

You should submit your complaint to the following address:

Complaints Officer,
Galway Bay FM,
Sandy Road,
Galway

Fax: 091 752689
Email: complaints@galwaybayfm.ie

5 – What will happen to my complaint?

Once we have received your complaint, we will work to resolve the issue/s as soon as is possible. Your complaint will be carefully considered, investigated if necessary, and responded to in writing by 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 broadcast item as identified in your complaint
• Where appropriate, we will consult with any party to which your complaint relates, including the presenter or programme maker, to give such parties 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 also set out the reasons for our decision on your complaint.

The response will be sent to you within 21 days from the date of receipt of your complaint.

Personal details submitted are for use by Galway Bay FM only. The name of a complainant shall not be published without his/her prior consent. Galway Bay FM is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Acts 1988 – 2003

6 - Potential Outcomes for complaints:

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 the Broadcasting Authority of Ireland

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 Broadcasting Authority of Ireland. The BAI 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 BAI is available on the BAI website at www.bai.ie or from:

Complaints Officer
Broadcasting Authority of Ireland,
2-5 Warrington Place,
Dublin 2
Ph 01 6441200
Fax 01 6441299
Email complaints@bai.ie

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 a period of 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.

Complaint Form
Programming Content
Making a Complaint

You must complete this form in full.

Under Section 48(1) of the Broadcasting Act 2009, any listener may refer a complaint to Galway Bay FM if they are unhappy about programme content on our service.

The following categories apply under the act:

48(1)(a) objectivity & impartiality in news;
48(1)(b) fairness, objectivity & impartiality in current affairs;
48(1)(c) harm & offence (Code of Programme Standards);
48(1)(c) law & order;
48(1)(d) privacy of an individual.

Your complaint must be made no later than 30 days after the date of the broadcast. Please note that if your complaint relates to two or more related broadcasts, it must be sent within 30 days of the later or latest of these broadcasts.

When submitting a complaint under b) harm & offence, complainants can refer to ‘The Code of Programme Standards’. This Code details a range of factors that may be taken into account when determining whether programme material is harmful or offensive. The main headings in the Code are: -

Content Principles Content Rules

2.1 General Community Standards
2.2 Due Care
2.2.1 audience information & guidance
2.2.2 identification with characters, actions and personal circumstances
2.3 Protection for Children
2.4 Assessment - programme material shall be assessed in whole and in context
3.1 Violent Programme Material
3.2 Sexual conduct
3.3 Coarse & Offensive Language
3.4 Persons and Groups in Society
3.5 Factual Programming – News, Current Affairs and Documentaries
3.6. Children’s Programming
3.7 Drugs, Alcohol and Solvent Abuse
3.8 Imitative Behaviour

A copy of the Code is available on Galway Bay FM’s website, www.galwaybayfm.ie or from the Broadcasting Authority of Ireland website, www.bai.ie or on request from the BAI’s offices.
.

Details of complaint
Please complete these details in full.

Programme Title / Broadcast Item
Programme date: dd/mm/yr
Time of broadcast (if applicable)

Is the complaint an infringement of: Please select relevant category
48(1)(a) Objectivity & Impartiality in news

48(1)(b) Fairness, Objectivity & Impartiality in current affairs
48(1)(c) Harm & Offence (Code of Programme Standards)
48(1)(c) Law & Order
48(1)(d) Privacy of an individual
Please complete this section briefly, summarising the main points of your complaint (alternatively, you may attach your complaint to this form).

 
Date (form completed):

Complainant: Please complete these details in full.
Surname
First Name
Mr. / Mrs. / Ms.
Address
Daytime Phone Number
Email (if applicable)
Fax Number (if applicable)

The personal contact details submitted are for use by Galway Bay FM only.
Yes No

Is the matter complained of the subject of any
proceedings in a court of law in the Republic of Ireland?

To finish, please read through the above form to ensure all your details are correct.

Please post, e-mail or fax this complaint form to Galway Bay FM. The relevant contact details are: -

Complaint’s Officer, Telephone: 091 77 00 00
Galway Bay FM, Fax: 091 752689
Sandy Road, mail: complaints@galwaybayfm.ie
Galway Website: www.galwaybayfm.ie/complaints

Complaint Form
Advertising / Commercial Communications
Making a Complaint
You must complete this form in full.
If you would like further help or advice, please contact a member of Galway Bay FM’s staff on the number provided on this form or by e-mail, complaints@galwaybayfm.ie

Under Section 48(1)(d) BAI Children’s Commercial Communications Code & General Commercial Communications Code of the Broadcasting Act 2009, any listener may refer a complaint to Galway Bay FM if they are unhappy about advertising / commercial communication content broadcast on our station. Your complaint must be made no later than 30 days after the broadcast.

When submitting a complaint concerning a commercial communication, a complainant may refer to the BAI Children’s Commercial Communication Code or the General Commercial Communications Code.
Commercial Communication: types of commercial communications include advertising, sponsorship, teleshopping and product placement but do not include public service announcements and charity appeals broadcast free of charge. Please refer to the General and Commercial Communications Codes for a complete definition.

General Commercial Communications Code

Children’s Commercial Communication Code

Main Sections: -
3 General principles and rules applying to all commercial communications (including the protection of the individual & society; offence, harm and human dignity; transparency; and assessment)
4 General rules pertaining to advertising and teleshopping
5 Rules pertaining to specific advertising techniques
6 Rules pertaining to sponsorship
8 Rules pertaining to specific products and services
9 Prohibited communications
10 Appendix (a list of principal legislation that may affect commercial communications) Main Sections: -
5 Social values
6 Inexperience & credulity
7 Undue Pressure
8 Special protection for children in advertising
9 General Safety
10 Violence
11 Diet & Nutrition
12 Parental responsibility
13 Programme characters
14 Children’s advertising, sponsorship & product placement
15 Prohibitions and Restrictions Social values

Details of complaint
Please complete these details in full.

Name of Station
Advert Title / Broadcast Item
Date of Broadcast: dd/mm/yr
Time of broadcast (if applicable)

Is the complaint an infringement of: Please select relevant category
48 (1)(d) General Commercial Communications Code
48 (1)(d) BAI Children’s Commercial Communications Code (advertising, sponsorship and product placement that promotes products, services or activities that are deemed to be of particular interest to children and/or are broadcast during and between children’s programming. Children’s programmes are programmes that are commonly referred to as such and /or have an audience profile of which over 505 are under 18 years of age.
Please complete this section briefly, summarising the main points of your complaint (alternatively, you may attach your complaint to this form).

Please note: complaints concerning station programme promotions, including film trailers should be submitted on a ‘programme complaint form’ under harm & offence – The Code of Programme Standards.  
Date (form completed):

Complainant: Please complete these details in full.
Surname
First Name
Mr. / Mrs. / Ms.
Address
Daytime Phone Number
Email (if applicable)
Fax Number (if applicable)

The personal contact details submitted are for use by Galway Bay FM only.

Yes No

Is the matter complained of the subject of any
proceedings in a court of law in the Republic of Ireland?

To finish, please read through the above form to ensure all your details are correct.
You may post, e-mail or fax this complaint form to Galway Bay Fm. The relevant contact details are: -

Complaints Officer Telephone: 091 77 00 00
Galway Bay FM, Fax: 091 752689
Sandy Road, Email: complaints@galwaybayfm.ie
Galway Website: www.galwaybayfm.ie/complaints