Complaints
Galway Bay FM aims 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, as amended by the Online Safety and Media Regulation Act, 2022 (hereinafter after the Principal Act as amended), and any broadcasting codes published by Coimisiún na Meán (hereinafter CNAM).
If any member of the public is of the opinion that a programme or segment of a programme broadcast on Galway Bay FM has breached a provision of the Principal Act as amended or failed to comply with a provision of CNAM codes has the right to make a complaint to the station and, if the complainant is not satisfied with the station’s reply, they are entitled to submit their complaint to CNAM. This should be done within 14 days following the time limit for the station’s response. Information on codes and on the CNAM complaints procedure can be found at www.cnam.ie/broadcasting and below.
Galway Bay FM welcome and will engage with all feedback, both negative and positive, from our listeners concerning any aspect of our service.
Galway Bay FM are obliged under the Principal Act as amended to have in place a Code of Practice for Handling of Complaints from our listeners. 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.
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 or details of your rights – Please click here for section 48 of the Principal Act, as amended.
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:
A. News – Principal Act as amended, section 46L:
We will ensure that our news programming is objective and impartial without any expression of our own views.
B. Current Affairs – Principal Act as amended, section 46L:
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.
C. Programmes – Principal Act as amended, section 46J:
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 will also ensure that all programming is in compliance with the CNAM Code of Programme Standards
D. Commercial Communications (including Advertising) – Principal Act as amended, sections 46M(2) or (3), 106(3) and 127 (6):
All commercial communications broadcast by us will be in compliance with the CNAM General Commercial Communications Code and the CNAM Children’s Commercial Communications Code.
If you wish to submit a complaint about an advertising/commercial activity in the station please send details of your complaint to [email protected].
E. Other Areas of Complaint:
Privacy – Principal Act as amended, section 46K.
Retention of Copies of Programme Material – Principal Act as amended, section 46P (1) or (2)
Media Service and Codes
F. Right of Reply Complaints:
If your complaint concerns alleged defamation, you should refer to the CNAM Right of Reply Scheme.
How Do I Make a Complaint?
If you have a complaint but do not want it addressed formally you should contact us by telephone and request a discussion with the Chief Executive Officer. The CEO or the Programme Director in their absence, will reply to any such telephone call within five (5) working days and address the issue you have concerns about.
If you have a complaint that you are satisfied is covered by this Code of Practice and which you wish to have addressed in a formal manner you should submit same to us by email at [email protected] or by post to the Complaints Section, Galway Bay FM, Sandy Road, Galway H91 CC97. Please be sure to include the following details in your email:
Name and Address
Category of Complaint (please refer to the categories of complaint specified in the section titled “What Can I Complain About?” above).
The date and the time of the broadcast
The name of the programme, news item, or advertisement/commercial communication that you have viewed or heard and which forms the subject of your complaint.
To allow us to accept and properly address your complaint the above details must be included.
If for any reason, i.e. disability, you need assistance with submitting your complaint by email please contact us and we will provide you with any assistance you need.
Galway Bay FM will protect the rights and privacy of individuals, who make a complaint, in line with the Data Protection Acts, 1988 – 2003.
How Much Time do I Have to Make My Complaint after the Broadcast?
The Principal Act, as amended, requires you to make your complaint not more than 30 days after the date of the broadcast:
if your complaint relates to one broadcast, it should be made no later than 30 days after the date on which the broadcast was made;
if your complaint relates to two or more unrelated broadcasts, it should be made no later than 30 days after the date of the earlier or earliest of the broadcasts;
if your complaint relates to two or more related broadcasts, of which at least two are made on different dates, it should be made no later than 30 days after the date of the later or latest of those broadcasts.
Complaints submitted outside of these time periods cannot be considered.
What Will Happen to My Complaint?
Once we have received your complaint we will acknowledge it and then commence work to resolve the issue/s. Your complaint will be carefully considered, investigated where necessary, and responded to. Complaints that are deemed to be frivolous or vexatious in nature will, on review, be rejected and that rejection will be notified to the person(s) who submitted it.
For other complaints we will consider all the issues raised in the complaint and address them in our response. The process we use is as follows:
We will listen to the programme or broadcast item identified in your complaint and will assess the content against the complaint made and the relevant standards, legislative and otherwise, that should have been met.
Where appropriate we will consult with any other party to whom your complaint relates, i.e. the advertiser, the presenter or the programme maker, to give that party an opportunity to provide their observations and comments in relation to the complaint made.
We will provide a response to your complaint within 20 working days of the date of its receipt. The response will, as far as is reasonably possible, address all of the issues or concerns that were raised. A decision on your complaint will be set out and the justification for same will be given.
Galway Bay FM reserves the right to request that you refer the complaint directly to Coimisiún na Meán directly for decision.
What are the Potential Outcomes to 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 Coimisiún na Meán (CNAM)
If Galway Bay FM 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 CNAM. CNAM will consider the complaint and may carry out an independent review of the complaint and our response. Referral of the complaint to CNAM should occur within 14 days of receiving the stations response or if no response is received.
They will then issue a final decision in the matter to both parties. Responses to complaints submitted to CNAM will be made within 30 working days.
Complainants can refer complaints to Coimisiún na Meán using the email [email protected] or by calling (01) 6441 200 or writing to: Complaints Section, 2-5 Warrington Place, Dublin 02 XP29.
