Code of Practice
Today FM is the home of personality-driven radio in Ireland - Our programming is fun, imaginative, unafraid and tuned in.
It is our aim to deliver the best possible service to our listeners. In this regard, we also set out to ensure that our programming is compliant with the requirements set out in the Broadcasting Act, 2009 and broadcasting codes published by the Broadcasting Authority of Ireland.1
We welcome all feedback both negative and positive from our listeners. In the first instance you can give us feedback via our website here. You may also contact, John Caddell if you have an issue which concerns you or you may email him at complaints@todayfm.com.
Under the Broadcasting Act, 2009 we are also obliged to have in place a Code of Practice for handling complaints from our listeners. This Code of Practice sets out and explains our complaint process. It should be noted that the Code of Practice only relates to certain categories of complaints as outlined below.
- 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 Today FM has breached one or more of the following obligations:
(i) We will ensure that our news programming is objective and impartial without any expression of our own views.
(ii) 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.
It is important to note that 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.
(iii) 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 also will ensure programming is in compliance with the BAI Code of Programme Standards.
(iv) Commercial Communications3
All commercial communications broadcast by us will be in compliance with the BAI General Commercial Communications Code and the BAI Children’s Commercial Communications Code.
If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply Scheme.
- How do I make a complaint?
As already indicated, you can contact us by telephone, email or in writing in the first instance to inform us of your complaint. Our Programme Manager will then contact you to discuss what concerned you and attempt to resolve the matter to your satisfaction. If we cannot resolve your complaint to your satisfaction, you can then process your complaint as follows using this Code of Practice.
The following information must be included in any correspondence with us: your name and address; the category of complaint; (please refer to the categories of complaints in ‘What I can complain about?’ above) the date, time of broadcast; the name of the programme, news item or advertisement/commercial communication that you have heard and which is the subject of your complaint;5 detail exactly what, in the broadcast, concerned you.
In order for us to properly and efficiently deal with your complaint, it must include the above details and must refer to a programme, advertisement or other form of commercial communication already broadcast on Today FM.
Today FM is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Acts 1988 – 2003. To assist you in making a complaint, a ‘Complaint Form’ is available to download from our website here. You can also send you complaint via email to complaints@todayfm.com. If, by reason of disability or other good reason, you are unable to submit the complaint in writing, please contact us and we will assist you to do so.
In line with guidelines set out by the BAI, we will not accept complaints which we deem to be frivolous or vexatious in nature. These are complaints which we believe are either; an abuse of the complaints process, not made in good faith, manifestly trivial in nature, unintelligible or not made (without good cause) in accordance with the Code of Practice for Complaints Handling.
- How soon should I make my complaint after the broadcast?
The Broadcasting Act, 2009 requires you to make your complaint not more than 30 days after the date of broadcast:
(a) if your complaint relates to one broadcast, 30 days after the date of that broadcast;
(b) if your complaint relates to two or more unrelated broadcasts; 30 days after the date of the earlier or earliest of those broadcasts;
(c) if your complaints relates to two or more related broadcasts of which at least two are made on different dates; 30 days after the date of the later or latest of those broadcasts.
Complaints submitted outside of these time periods cannot be considered.
- Where should I make my complaint?
You should submit your complaint to the following address:
Today FM Programme Manager,
100-102 Today FM,
Marconi House,
Digges Lane,
Dublin 2.
5.What will happen to my complaint?
Once we have received your complaint we will work to resolve the issue/s as soon as possible. Your complaint will be carefully considered, investigated if necessary, and responded to in writing by our Programme Manager or a senior member of our management team.
We will write to you to acknowledge receipt of your complaint within 7 working days.
We will consider the issues raised in your complaint.
We will listen to the programme/broadcast item identified in your complaint.
Where appropriate, we will consult with any party to which your complaint relates, for example, the advertiser, the presenter or programme maker, to give that party an opportunity to provide observations and comments in relation to the issues raised by you.
We will provide a response to your complaint which will, as far as possible, address all of the issues/concerns you have raised.
We will set out the reasons for our decision on your complaint.
This response will be sent to you within 21 days from receipt of your complaint.
6.What are the potential outcomes for 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.
7.The role of the Broadcasting Authority of Ireland
If we have not responded to your complaint within 21 days or if you are not satisfied with our response, you can refer your complaint to the Broadcasting Authority of Ireland. The BAI will consider the complaint and may carry out an independent review of the complaint and our response. Information on how to refer a complaint to the BAI is available on the BAI website at www.bai.ie or from the following address:
Complaints Officer
Broadcasting Authority of Ireland
2–5 Warrington Place
Dublin 2
Phone: (01) 6441200
Fax: (01) 6441299
E-mail: complaints@bai.ie
- Record of Complaints
We are required under the Broadcasting Act, 2009 to keep a record of all complaints submitted in accordance with this Code of Practice for two years. We are also obliged to provide these records to the Compliance Committee of the BAI if the Committee so directs. Our records will include copies of your complaint, our response/s and the audio copies of the broadcast material.
