Complaints
Introduction
At Community Radio Castlebar 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.
Community Radio Castlebar 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
(i) News We will ensure that our news programming is objective and impartial without any expression of our own views.
(ii) Current affairs 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 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 BAI Code of Programme Standards
(iv) Commercial Communications All commercial communications broadcast by us will be in compliance with the BAI General Commercial Communications Code and the BAI Childrens Commercial Communications Code 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 info@crcfrm.ie 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.
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 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 can contact us by telephone 094 902 7442
You should submit your complaint to the following address:
Station Manager,
Community Radio Castlebar,
Thomas Street,
Castlebar,
Co Mayo.
F23PW40
or
Email: feedback@crcfm.ie
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
Disclaimer
No warranties
This website is provided “as is” without any representations or warranties, express or implied. CRCfm makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, CRCfm does not warrant that:
* this website will be constantly available, or available at all; or
* the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
CRCfm will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
* [to the extent that the website is provided free-of-charge, for any direct loss;]
* for any indirect, special or consequential loss; or
* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if CRCfm has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME'S] liability in respect of any:
* death or personal injury caused by CRCfm's negligence;
* fraud or fraudulent misrepresentation on the part of CRCfm or
* matter which it would be illegal or unlawful for CRCfm to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. CRCfm makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, CRCfm does not warrant that:
* this website will be constantly available, or available at all; or
* the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
CRCfm will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
* [to the extent that the website is provided free-of-charge, for any direct loss;]
* for any indirect, special or consequential loss; or
* for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if CRCfm has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME'S] liability in respect of any:
* death or personal injury caused by CRCfm's negligence;
* fraud or fraudulent misrepresentation on the part of CRCfm or
* matter which it would be illegal or unlawful for CRCfm to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Community Radio Castlebar Privacy Notice
The following notice outlines our obligations under the EU General Data Protection Regulations (GDPR), The Data Protection Acts 1988 & 2003 ("The Acts") and Statutory Instrument Number 336 of 2011 European Communities (Electronic Communications Networks and Services)(Privacy and Electronic Communications) Regulations 2011 ("SI 336/2011").
The personal data we collect will be used for the following purposes:
SecurityCRCfm Clg. takes its responsibilities in regards to data security seriously. CRCfm Clg. will endeavour to apply measures to comply with the GDPR to the best of our ability. These measures will include technological security, staff training, staff and public awareness and regular reviews.
Accurate, complete and up to date informationCRCfm Clg. aims to hold only accurate, complete and up to date data. Persons may update their data via email or by contacting the station directly. CRCfm Clg. may also contact individuals/groups directly to update information.
Adequate, relevant and not excessiveCRCfm Clg. will not collect more data than is necessary for the purpose for which the information is collected. Data which is excessive or no longer relevant will be deleted.
Data Retention PeriodCRCfm Clg. will retain personal information only for as long as is necessary for the purpose for which it was collected.
Right of access and right of rectification or erasureA request can be made in writing to the station. CRCfm Clg. will respond within 40 calendar days of receipt of the request.
The following notice outlines our obligations under the EU General Data Protection Regulations (GDPR), The Data Protection Acts 1988 & 2003 ("The Acts") and Statutory Instrument Number 336 of 2011 European Communities (Electronic Communications Networks and Services)(Privacy and Electronic Communications) Regulations 2011 ("SI 336/2011").
The personal data we collect will be used for the following purposes:
- • To establish a contact base for guests for future programming
- • To procure feedback from individuals and groups
- • For student work and transition-year placements
- • For delivery of courses
- • For fundraising ventures
- • To establish contacts for advertising sales
- • Consent
- • Contractual necessity
- • Compliance with legal obligations
- • Legitimate interest of CRCfm Clg.
- • For fundraising ventures
- • To establish contacts for advertising sales
SecurityCRCfm Clg. takes its responsibilities in regards to data security seriously. CRCfm Clg. will endeavour to apply measures to comply with the GDPR to the best of our ability. These measures will include technological security, staff training, staff and public awareness and regular reviews.
Accurate, complete and up to date informationCRCfm Clg. aims to hold only accurate, complete and up to date data. Persons may update their data via email or by contacting the station directly. CRCfm Clg. may also contact individuals/groups directly to update information.
Adequate, relevant and not excessiveCRCfm Clg. will not collect more data than is necessary for the purpose for which the information is collected. Data which is excessive or no longer relevant will be deleted.
Data Retention PeriodCRCfm Clg. will retain personal information only for as long as is necessary for the purpose for which it was collected.
Right of access and right of rectification or erasureA request can be made in writing to the station. CRCfm Clg. will respond within 40 calendar days of receipt of the request.