BCRFM

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Complaints

Code of Practice for Complaints Handling

Introduction
At Ballina Community Radio (BCRFM) we aim to deliver a high quality, engaging and relevant service to our listeners. We also aim to ensure that our programming is compliant with the requirements set out in the Broadcasting Act 2009, as amended by the Online Safety and Media
Regulation Act 2022.

Ballina Community Radio (BCRFM) welcomes and will engage with all feedback, both negative and positive, from our listeners and followers concerning any aspect of our service.
We are obliged under the Broadcasting Act, 2009 and the Online Safety and Media Regulation Act 2022 to have in place a Code of Practice for handling complaints from our listeners and followers. 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:
– 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

2. How do I make a complaint?
If 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 the 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;
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 that we deem to be of a frivolous or vexatious nature.

4. Where should I send my complaint?
You should submit your complaint to the following address:
Ballina Community Radio (BCRFM)
Unit 5a Moyvalley Business Park
Primrose Hill

Ballina
Co. Mayo
Email: ballinacommunityradio@gmail.com

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.
– 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 identified in your complaint.
– Where appropriate, we will consult with any party to which your complaint relates, for
example, the advertiser, the presenter or the 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. The role of Coimisiún na Meán
Coimisiún na Meán’s role is to regulate broadcasters and online media.
If we for any reason 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. You have 14 days from the date of response or the date a response was due to refer your complaint.
An Coimisiún 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 Coimisiún na Meán is available on Coimisiún na Meán’s website at www.cnam.ie or from the following address:

Complaints Officer
Coimisiún na Meán
2 – 5 Warrington Place, Dublin 02 XP29
Phone: (01) 644 1200
Fax: (01) 6441 299
E-mail: complaints@cnam.ie

7. Record of Complaints
We are required under the Broadcasting Act, 2009 as amended by the Online Safety and Media Regulation Act 2022 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 Coimisiún na Meán if
requested.
Our records will include copies of your complaint, our response/s and the audio copies of the broadcast material.

Codes of Practice/Right of Reply Scheme:
Right of Reply Scheme
Code of Programme Standards

General Commercial Communications Code
Code of Fairness, Objectivity and Impartiality in News and Current Affairs
Children’s Commercial Communications Code

BCRFM Competition Policy

  • BCRFM’s decision regarding prizewinners will be final, and no correspondence regarding that decision will be entered into.
  • BCRFM prizes are non-transferable, and will only be awarded to the prizewinner.
  • Use of a false name or address by a competition entrant, i.e. a name by which the entrant is not usually known, will disqualify them from receiving any prize.
  • BCRFM will keep prize winner(s) personal details for a reasonable time in order that prizes can be sent to the prize winner(s); rules can be verified to have been complied with and for accounting purposes. BCRFM may only pass prize winner(s) details on to our third parties or sponsors for the purpose of delivering the prize.
  • BCRFM Competitions are open only to residents of the Republic Of Ireland.
  • For competitions requiring entry by text, the number is 0870969562.  Standard network charges apply.
  • BCRFM will ensure that all prizes are delivered within 28 days of winning. Where this is not possible, the station will notify the winner of a delay.
  • All prize winners have 12 months to claim a prize and if we  do not receive any correspondence (pertaining to their address or other details) in that time period their claim is null and void.
  • When, due to circumstances beyond our control, a prize is not available, BCRFM reserves the right to substitute a prize of equal value.
  • From time to time the station may offer a cash alternative to a specific prize, but is under no obligation to do so.
  • BCRFM accepts no responsibility for failure due to circumstances beyond our control, to fulfil a competition, which involves a third party but has no specific cash value, e.g. meeting an artist. We will however, on all occasions strive to provide a substitute prize of equal desirability to the winner. Unfortunately, the company cannot accept responsibility if these attempts do not meet a prizewinner’s expectations.
  • In on air competitions, failure to appear on air will unfortunately disqualify an entrant whether this occurs due to operator error or other technical errors.
  • The prizes will be subject to any additional terms and conditions of the supplier of the prize to the Promoter.
  • The Promoter/BCRFM shall not be liable for any loss, damage or consequential damage of any nature whether in contract, tort including negligence or otherwise caused by acceptance of these terms or in connection with the Prize or the Competition.
  • In the event of unforeseen circumstances the Promoter/BCRFM reserves the right to amend or withdraw the Competition without notice.
  • These terms and conditions shall be governed by Irish law and the courts of Ireland shall have exclusive jurisdiction.
  • Any person or persons found to be in disregard of any of the above rules will be disqualified automatically. BCRFM reserves the right to disqualify any contestant for any reason whatsoever in its sole discretion.

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We wish you lots of luck entering our competitions.

We are grateful to our listeners for supporting the station, and are keen that there should be a fair distribution of prizes amongst all listeners. For this reason, on very rare occasions, it may be necessary to restrict a particular listener from winning successive prizes on the station .

** To this end – we have compiled a winners database for internal office use only **

Any queries relating to competitions or prizes should be directed to the Promotions Department at BCRFM, Unit 5a Moyvalley Business Park, Ballina, Co. Mayo.