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Complaints

Christmas FM Complaints Code of Practice

Christmas 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 (BAI). We welcome and engage with all listener feedback regarding any aspect of our service. Christmas 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 Christmas 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:
1.     Causing harm or offence 2.     Tending to promote, or incite crime 3.     Tending to undermine the authority of the State 4.     Unreasonably encroach upon the privacy of an individual We will also ensure programming is in compliance with the BAI Code of Programme Standards 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 – If your complaint concerns alleged defamation, you should refer to the BAI Right Of Reply Scheme. The BAI Codes and Right of Reply Scheme can be accessed at www.bai.ie   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 Christmas FM. To assist complainants a “Complaint Form – Programming” and a “Complaint Form – Commercial Communications” is available to at the bottom of the page. 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. Christmas FM are committed to protecting the data rights and privacy of individuals in accordance with the Data Protection Act 2018. Christmas 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, Christmas FM, Unit A11 Kingswood Business Park Baldonnell Dublin 22 D22 H798 Email: Complaints Dept.   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. 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. The Right to Reply Scheme is also available to download as a pdf from the BAI website here (PDF).

Introduction

At Christmas FM 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.

Christmas FM 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

  1. 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.

  1. Where should I send my complaint?

You should submit your complaint to one of the following addresses:

Mail: Christmas FM, Unit A11 Kingswood Business Park Baldonnell Dublin D22 H798

OR

Email: complaint@christmasfm.com

  1. 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.

  1. 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

  1. 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

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