Code Of Practice for Complaints

KCLR96fm is the station licensed by the Broadcasting Authority of Ireland to provide a full local radio service to the people of Carlow and Kilkenny and we aim to deliver the best possible service to our listeners. We also aim to ensure that our programming is compliant with the requirements set out in the Broadcasting Act, 2009 other broadcasting codes published by Coimisiún na Meán.

We welcome and will engage with all feedback, both negative and positive, from our listeners concerning any aspect of our service.

KCLR96fm is obliged under the Broadcasting Act, 2009 and the Online Safety & Media Regulation Act, 2022 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 for listeners and ensures that we deal with complaints in an effective and efficient manner. It should be noted that the Code of Practice only relates to certain categories of complaints as detailed below.

To assist you in making a complaint or a right-of-reply request, Coimisiún na Meán (previously the BAI) publishes information guides:

The following previously published BAI codes and rules continue to apply to broadasters

What can I complain about?

You may submit a complaint to KCLR96fm if you are of the opinion that a broadcast or part of a broadcast on our service has breached one or more of the following obligations

  • Harm, offence, incitement, and authority of State (section 46J)
  • Privacy (section 46K)
  • News and Current Affairs (section 46L)
  • Advertising (sections 46M(2) or (3), 106(3) and 127(6))
  • Retention of copies of programme material (section 46P(1) or (2))
  • Media service codes and rules

Other Complaints

If you have a complaint that does not fall under the categories set out above, we would invite you to email your complaint to [email protected] to include

  • Your full name and postal address
  • Full detail of your complaint

See below for more details.

If your complaint concerns alleged defamation, you should refer to the BAI Right of Reply.

How do I make a complaint?

You can first contact KCLR96fm between 9am and 5pm by telephone on 056 7796200 or email us at [email protected] or by letter and inform us of your complaint. A member of our staff will contact you to discuss what concerns you and attempt to resolve the matter to your satisfaction. If we cannot resolve your complaint to your satisfaction, and you are satisfied that your complaint is covered by this Code of Practice, you should submit the following details in writing (letter or email):

  • your name and address;
  • the category of complaint; (please refer to the categories of complaints in ‘What I can complain about?’ above)
  • the date and 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;
  • detail exactly what, in the broadcast, concerned you;

Personal details submitted are for use by KLCR96fm only. The name of a complainant shall not be published without his/her prior consent. KCLR96fm is committed to protecting the rights and privacy of individuals in accordance with the Data Protection Acts 1988 – 2003.

In order for your complaint to be accepted and considered, it must include the above details and must refer to a programme, advertisement or another form of commercial communication already broadcast on our service.

To assist a ‘Programming Content Complaint Form’ is available to download from this website below. 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.

We will not accept complaints that we deem to be of a frivolous or vexatious nature.

Download Complaint Forms

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 complaint 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 send my complaint?

The Chief Executive,
KCLR 96fm,
The Broadcast Centre,
Carlow Road,
Kilkenny

Fax: 056/7796299
Email [email protected]

What will happen to my complaint?

Once KCLR96fm has accepted 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 Controller /Station Editor/ or a senior member of our programming 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.

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.

The role of Coimisiún na Meán

Complaints may be referred to Coimisiún na Meán if you are not satisfied with the response provided by KCLR96fm or if no response is provided within the timeframe of 20 working days as set out in the Code of Practice for Complaints Handling. If you choose to refer the matter to Coimisiún na Meán, this must be done within 14 days after the initial window for a response from the station has elapsed.

A referral to Coimisiún na Meán can be made as follows

  • Via email: [email protected].
  • Via Post: Coimisiún na Meán, 1 Shelbourne Buildings, Shelbourne Road, Dublin 4, D04 NP20, Ireland
  • Further queries concerning complaint referrals may also be directed to the user support centre’s telephone contact: (01) 963 7755.
  • Further information concerning Coimisiún na Meán’s role in broadcast regulation can be found on the Coimisiún’s website: https://www.cnam.ie/broadcasting/.

Record of Complaints

KCLR96fm is 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. The categories of complaints are specified in the Broadcasting Act, 2009.

Commercial Communications is defined in section 2 of the BAI General Commercial Communications Code and includes, inter alia, advertising, sponsorship, teleshopping and product placement. Members of the public are asked to refer to the BAI Code.

KCLR96fm is not obliged to send you a copy of any broadcast. You yourself should have heard/viewed the broadcast in question.

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