Broadcasting Act 2009

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PART 4

Redress

Code of practice — complaints handling.

47.— (1) 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.

(2) A complaint under subsection (1) shall be made to the broadcaster not more than 30 days after—

(a) in case the complaint relates to one broadcast, the date of the broadcast,

(b) in the case of 2 or more unrelated broadcasts, the date of the earlier or earliest, as the case may be, of those broadcasts, or

(c) in case the complaint relates to 2 or more related broadcasts of which at least 2 are made on different dates, the later or latest of those dates.

(3) 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.

(4) A broadcaster shall publish on a website maintained by the broadcaster, and generally make available, a copy of the code of practice prepared under subsection (3).

(5) The Compliance Committee may prepare and publish guidance for broadcasters for the purposes of ensuring compliance with subsection (3).

(6) A broadcaster shall supply the information required under subsection (3) to the Compliance Committee who shall cause such information to be published on a website maintained by the Authority.

(7) A broadcaster shall keep a record of complaints made under subsection (1) and of any reply made thereto for a period of 2 years from the date of receipt of the complaint.

(8) A broadcaster shall, if directed by the Compliance Committee, make available for inspection by the Compliance Committee all records kept by the broadcaster under subsection (7).