Radio and Television Act, 1988

Complaints by public.

11.—(1) A sound broadcasting contractor shall give due and adequate consideration to any complaint, which is not of a frivolous or vexatious nature, made by a member of the public in respect of the sound broadcasting service provided by the contractor and shall, whilst his contract is in force, keep due and proper records of all such complaints and of any reply made thereto or of any action taken on foot thereof.

(2) A sound broadcasting contractor shall, if requested by the Commission make available for inspection by the Commission all records kept by him pursuant to subsection (1).

(3) The Minister may, by regulations, direct that complaints made by members of the public in respect of a sound broadcasting service provided under this Act be investigated by the Broadcasting Complaints Commission established by section 18A (inserted by the Broadcasting Authority (Amendment) Act, 1976 ) of the Broadcasting Authority Act, 1960 .

(4) For the purposes of an investigation by the Broadcasting Complaints Commission pursuant to regulations under this section—

(a) the Broadcasting Authority Act, 1960 , shall have effect subject to the following modifications—

(i) a reference in sections 18B and 18C (inserted by the Broadcasting Authority (Amendment) Act, 1976 ), other than in section 18B (1) (e), to the Authority shall be construed as a reference to the sound broadcasting contractor concerned;

(ii) a reference in section 18B (7) (as so inserted) to the Authority shall be construed as referring to the sound broadcasting contractor concerned and to the Commission established by this Act;

(iii) a reference in section 18B (as so inserted) to section 18 (1), section 18 (1A) or section 18 (1B) of the Broadcasting Authority Act, 1960 , shall be construed as a reference to section 9 ;

(iv) a reference in section 18B (as so inserted) to a complaint that an advertisement contravened a code drawn up by Radio Telefís Éireann governing standards in broadcast advertising, or prohibiting either certain methods of advertising in broadcasting or a broadcast in particular circumstances of advertising, shall be construed as a reference to section 10 (2);

(v) a reference in section 18B (as so inserted) to section 31 (1) of the Broadcasting Authority Act, 1960 , shall be construed as a reference to section 12 .

(b) Section 6 of the Broadcasting Authority (Amendment) Act, 1976 , shall have effect as if a reference therein to the Authority were a reference to the sound broadcasting contractor concerned.