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Latest BAI Broadcasting Complaint Decisions Published
27 Apr 2017 : Laura Brennan
The Broadcasting Authority of Ireland (BAI) has published the most recent broadcasting complaints decisions. In total seven complaints were considered by the Compliance Committee across TV and Radio Broadcasts in 2016.

There were six complaints across radio broadcasts and one across television to be considered by the Compliance Committee, this included RTÉ One’s Six One News and Nine News dated from the 29th and 5th September 2016.

The complaint concerning RTÉ One’s ‘Six One News and Nine News, referred to a report by the RTÉ Education correspondent on the non-enrolment of a Traveller child in St. John’s College, a secondary school located in Ballyfermot, Dublin that is operated under the Trusteeship of the De La Salle Brothers.

At meetings held in January and March 2017, the Compliance Committee of the BAI considered seven complaints. The Committee has rejected the seven complaints. The complaints considered by the Compliance Committee concerned programmes aired on Newstalk 106-108FM, Today FM and RTÉ One TV. The complaints rejected related to the following broadcasts:

  • Newstalk 106-108FM: Newstalk Lunchtime: 10th May 2016
  • Newstalk 106-108FM: Newstalk Breakfast: 21st September 2016
  • Newstalk 106-108FM: High Noon: 4th October 2016
  • Today FM: The Last Word: 4th October 2016
  • RTÉ One TV: Six One and Nine News: 29th August and 5th September 2016

Details of all these decisions are available to download from the BAI website here.

The Executive Complaints Forum considered and rejected 12 complaints.

Under the Broadcasting Act 2009, viewers and listeners can complain about broadcasting content, which they believe is not in keeping with the BAI’s broadcasting codes and rules. In line with the BAI’s complaints handling process, the viewer or listener should direct their complaint to the broadcaster in the first instance. This must be done within 30 days of the date of the broadcast.

If a viewer or listener is not satisfied with the response from the broadcaster, or if the broadcaster does not respond within the timeframe specified in their Code of Practice for Complaints Handling (usually 21 days after receipt of complaint), the viewer or listener can refer the complaint to the BAI for consideration.

In assessing complaints, and having regard to its codes and rules, the BAI considers the material submitted by the relevant parties together with the broadcast material. Complaints are assessed at Executive level and/or by the Compliance Committee of the Authority.

When a complaint has been adjudicated upon:

  • A copy of the decision is sent to the complainant and the broadcaster before its publication.
  • Where a complaint is upheld in whole or in part, the broadcaster concerned will broadcast the Compliance Committee’s decision, if the Compliance Committee believes it appropriate to do so. This could include the name of the person who made the complaint. This will be done at a time and manner suitably similar or close to the timing of the original broadcast which prompted the complaint. The only exception to this will be a situation where the Compliance Committee considers it inappropriate to broadcast the decision.
  • Where a complaint is deemed resolved or rejected, the Compliance Committee is satisfied that the matter has been dealt with and that no further action is required.
  • The decisions of the BAI are distributed to the media and posted to the BAI’s website, unless it considers it inappropriate to do so.
  • When the BAI has considered the matter and issued its determination, that is the end of the process.
  • The decisions deal with the issue of whether a programme or a commercial communication did or did not comply with the relevant legal requirements and the relevant broadcasting codes or rules. The decisions do not constitute endorsement or support for the views of either parties to the complaint nor will they address every aspect of a complaint submission.




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