Can I make a complaint?
Any individual, association or corporate body. Normally complaints should be made by you but, in some circumstances, another person can do it for you, provided it is clear that you have authorised them to do so.
A personal representative, such as a member of the family, or someone closely connected to you, may make a complaint if you are unable to do so or unable to authorise someone to do it for you. In addition, if the person affected has died during the five years immediately prior to the broadcast, a personal representative, family member or someone closely connected to them can make a complaint.
In the case of unjust or unfair treatment, you or the person for whom you are complaining must have either taken part in the programme and been the subject of the alleged treatment, or, whether taking part or not, had a direct interest in the subject matter of that treatment.
In the case of unwarranted infringement of privacy, your privacy or the privacy of the person for whom you are complaining must have been infringed. Reference to a “programme” includes promotional trailers for such programmes and text transmissions.
When should I make my complaint?
Within a reasonable time of the most recent broadcast of the programme. Normally this will be three months (six weeks in the case of radio programmes). If you are making your complaint more than three months (six weeks for radio) after the broadcast, you should give your reasons for this and the Commission will decide whether, in the circumstances, your complaint has been made within a reasonable time.
To complain about unfair treatment or other fairness and privacy issues, please fill out the complaint form. This is available to fill out on this site, or to download a copy to complete later. Our Fairness and Privacy staff are available to advise you if required.
What will happen to my complaint?
The Commission will decide whether:
~ your complaint is one which it can consider;
~ to refuse to consider your complaint because it has not been made within a reasonable time after the broadcast or not to consider the complaint because there are legal proceedings, or there is a legal remedy which could be used;
~ other circumstances exist which it considers make you or the person for whom you are complaining ineligible to complain ( see ‘Can I make a complaint? )
~ in certain circumstances the Commission may decide not to proceed with your complaint, for example, if legal proceedings are started after it has begun to consider it.
If the Commission has decided that your complaint is one which can be considered, the initial procedure is as follows:
~ your complaint will be copied to the broadcaster for its response;
~ you will be sent a copy of the broadcaster’s response, in certain circumstances comment on this, in which case;
~ the broadcaster will be invited to make a further and final response.
All submissions must be in writing, must comply with the Commission’s procedural time limits, and be sent only to the Commission. Normally no further written statements will be required. You may submit other material with your written statements in support of your response and, if the Commission agrees that this is relevant to your complaint, it will also copy this to the broadcaster. All the information and material relating to your complaint must be treated by you and all other persons who know about it as confidential.
The Commission will then consider your complaint either at a hearing or at its discretion without a hearing. At the end of each complaint, an adjudication will be made which will be recordedwriting.
Hearings are held in private at the Commission’s offices. You and the broadcaster will be invited to attend and to make your case. The Commission may ask other persons to attend, where they have a responsibility for the programme or may otherwise be able to help the Commission.
You will normally be given at least six weeks’ written notice of the date of the hearing, together with a detailed note of the Commission’s procedure at hearings. You can claim reasonable travelling expenses according to the Commission’s rates.
What happens after an adjudication?
A copy of the adjudication and a summary ( see below ) will be sent to you and to the broadcaster. If your complaint is upheld or upheld in part, the Commission may direct the broadcaster to publish on television or radio and in the press:
~ a summary of your complaint
~ and the Commission’s findings or a summary of them. There are no other sanctions open to the Commission. It has no power to make any financial awards, to order an apology or correction, or any other remedy.