Broadcasting Act, 2001

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Functions of Broadcasting Complaints Commission.

24.—(1) In this section—

“broadcaster” means (in addition to the meaning assigned to that expression by section 2 (1)) a sound broadcasting contractor;

“the Commission” means the Broadcasting Complaints Commission.

(2) Subject to the provisions of this section, the Commission may investigate and decide upon any of the following complaints—

(a) a complaint that in broadcasting news given by it and specified in the complaint, a broadcaster did not comply with one or more of the requirements of section 18(1) (inserted by the Act of 1976) of the Act of 1960 or, as the case may be, of paragraphs (a) and (b) of section 9(1) of the Act of 1988 (including that section or those paragraphs as applied by this Act),

(b) a complaint that in broadcasting a programme specified in the complaint, a broadcaster either did not comply with one or more of the said requirements or was in breach of the prohibition contained in section 18(1A) (inserted by the Act of 1976) of the Act of 1960 or, as the case may be, in paragraph (d) of section 9(1) of the Act of 1988 (including that section or paragraph as applied by this Act),

(c) a complaint that on an occasion specified in the complaint, there was an encroachment by a broadcaster contrary to section 18(1B) (inserted by the Act of 1976) of the Act of 1960 or paragraph (e) of section 9(1) of the Act of 1988 (including that section or paragraph as applied by this Act),

(d) a complaint that on an occasion specified in the complaint a broadcaster failed to comply with a provision of a code under section 19 (1)(a),

(e) a complaint that on an occasion specified in the complaint a broadcaster failed to comply with a provision of a code under paragraph (b) or (c) of section 19 (1) or of a code under section 4 of the Broadcasting Act, 1990 , continued in force under section 19 (17),

(f) a complaint by a person that in a broadcast by a broadcaster which is specified in the complaint as assertion was made of inaccurate facts or information in relation to that person which constituted an attack on that person's honour or reputation.

(3) A complaint under subsection (2) shall be in writing and be made to the Commission not more than 30 days after—

(a) in case the complaint relates to one broadcast or to 2 or more unrelated broadcasts—

(i) if it relates to one broadcast, the date of the broadcast, or

(ii) if it relates to 2 or more such broadcasts, the date of the earlier or earliest, as the case may be, of those broadcasts,

and

(b) 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.

(4) When the Commission propose to investigate a complaint made under this section, the Commission shall afford to the broadcaster to whom the complaint relates (hereafter in this section referred to as “the broadcaster concerned”) an opportunity to comment on the complaint.

(5) Where a complaint is made to the Commission and—

(a) a person employed by the broadcaster concerned, or

(b) if the making of any programme, the subject of the complaint, was commissioned by the broadcaster concerned, the person commissioned to make that programme,

requests, for reasons specified by him or her, the Commission to afford to him or her an opportunity to comment on the complaint, the Commission shall, having considered the reasons so specified, afford to the person such an opportunity if, but only if, they are satisfied that, as appropriate—

(i) an interest of the person referred to in paragraph (a), being an interest which the Commission consider relevant to the person's employment by the broadcaster concerned, or

(ii) the prospects of the person referred to in paragraph (b) obtaining further commissions in respect of programmes from the broadcaster concerned,

may, because of the complaint, be adversely affected.

(6) When the Commission propose to consider a complaint referred to in subsection (2)(e), the Commission shall afford to the relevant advertiser an opportunity of making to the Commission submissions in relation to the relevant advertisement.

(7) As soon as may be after they decide on a complaint made under this section, the Commission shall send to—

(a) the person who made the complaint,

(b) the broadcaster concerned, and

(c) if the complaint is in respect of a broadcast made on a broadcasting service which is not a free-to-air service provided by the Authority or Teilifís na Gaeilge, the Broadcasting Commission of Ireland,

a statement in writing of their decision.

(8) In case the Commission decide on a complaint referred to in subsection (2)(e), as soon as may be after their decision, the Commission shall (in addition to complying with the requirement of subsection (7)) send to the person with whom the broadcaster concerned agreed to broadcast the relevant advertisement (if he or she is not the person who made the complaint) a statement in writing of their decision.

(9) The consideration by the Commission of a complaint made to them under this section shall be carried out by the Commission in private.

(10) Unless they consider it inappropriate to do so, the Commission shall, as soon as may be after the making of the decision, publish particulars of their decision on a complaint in such manner as they consider suitable and, without prejudice to subsection (11), where they consider that the publication should be by the broadcaster concerned, or should include publication by the broadcaster concerned, the particulars shall be published by the broadcaster concerned in such manner as shall be agreed between the Commission and the broadcaster concerned.

(11) Without prejudice to subsection (10), the broadcaster concerned shall, unless the Commission consider it inappropriate for the broadcaster to do so, broadcast the Commission's decision on every complaint considered by the Commission in which the Commission found in favour, in whole or in part, of the person who made the complaint, including, in the case of a complaint under subsection (2)(f), any correction of inaccurate facts or information relating to the individual concerned, at a time and in a manner corresponding to that in which the broadcast to which the complaint relates took place.

(12) As regards proceedings under this section, the Commission shall not have any power to award to any party costs or expenses.

(13) A person shall not act as a member of the Commission in relation to any matter with respect to which he or she has a material financial or other beneficial interest.

(14) Subsection (2) shall not apply to a complaint which, in the opinion of the Commission, is frivolous or vexatious, nor, unless the Commission consider that there are special reasons for investigating the complaint (which reasons shall be stated by the Commission when giving their decision), shall that subsection apply to a complaint which is withdrawn.