RugbyPass TV Code of Practice for Complaint Handling

Introduction
What is the purpose of this RugbyPass TV Code of Practice for Complaint Handling?
What is a complaint?
Consideration by RugbyPass TV
What can a user complain about?
Complaints v Feedback
How long do I have to make my complaint?
How do I make my complaint?
What can I expect when I make a complaint?
How long will it take to get a response to my complaint?
Complaints to Coimisiún na Meán

1. Introduction

Under the Broadcasting Act 2009 (as amended), video on-demand providers, such as RugbyPass TV, are required to prepare, implement and publish a code of practice for handling certain complaints received in respect of their video on demand service.

2. What is the purpose of this RugbyPass TV Code of Practice for Complaint Handling?

The aim and purpose of this RugbyPass TV Code of Practice (“Code of Practice”) is to help users to make a complaint to RugbyPass TV where a user believes that something they have viewed or heard within content on RugbyPass TV, including within any programme material, advertising or other content made available on RugbyPass TV, does not meet the standards or requirements set out under law or under the relevant media service codes or rules.

This Code of Practice provides for a clear and transparent framework and a specific set of procedures that a user should follow in circumstances where a user wishes to make a complaint in relation to the matters listed in this Code of Practice.

A key objective of this Code of Practice is to provide for a complaint handling process that ultimately enables RugbyPass TV to resolve complaints as efficiently and effectively as possible.

3. What is a complaint?

A complaint must meet certain criteria for it to be considered and accepted as a complaint.

The complaint should identify:

the specific programme or advert which the user identifies by the programme title;
the date the user accessed the programme or advert;
the specific service on which the programme or advert was accessed and viewed or heard;
the legal standard or regulatory code or rule the user believes was breached within the programme or advert. You will find further below in this Code of Practice the applicable legal standards and codes, which are provided for under the Broadcasting Act 2009 (as amended); and
how you believe the relevant standard, code or rule was breached.

4. Consideration by RugbyPass TV

RugbyPass TV is required to give due and adequate consideration to a complaint received which is made in writing and which alleges that a piece of content, programme or advert failed to comply with one or more of the matters referred to below in this Code of Practice.

RugbyPass TV has the right not to consider complaints that are frivolous or vexatious or are not made by a user in good faith. Where we determine a complaint to be frivolous, vexatious or not made in good faith, we will communicate this determination and the reasons for it to the user who made the complaint in accordance with the timelines outlined further below.

Please note that RugbyPass TV has the right, in connection with the above, not to consider complaints that are abusive of our staff or of our complaints process. RugbyPass TV may also take reasonable steps to protect its staff from abusive, threatening or otherwise unacceptable communications, without materially affecting its consideration of any valid complaint, where it is possible to do so.

5. What can a user complain about?

A user can complain that material made available on RugbyPass TV did not meet the following statutory or regulatory standards under the following laws and codes:

All Programmes
Regulations	Legislation
Media Service Code and Rules for Audiovisual On-demand Services	46J – harm, offence, incitement, authority of the state 46K – privacy

News and Current Affairs Programmes
Regulations	Legislation
	46L(1) – objectivity, impartiality, expression of views (Relevant Media Service Providers*)

*A Relevant Media Service Provider is defined in section 46I of the Act.

Commercial Communications
Regulations	Legislation
Media Service Code and Rules for Audiovisual On-demand Services	46M(2) – prohibited advertising

Accessibility
Regulations
Media Service Code and Rules for Audiovisual On-demand Services
Other Provisions
Subject	Legislation
Party political programmes	46M
Retention of Recordings	46P

6. Complaints v Feedback

Users should understand that there is a distinction between what is considered a “complaint” and what is considered general “feedback”, as these concepts are not treated the same under this Code of Practice.

“Feedback” may be generally understood as reaction or response to programme material, positive or negative, which a user or a member of the public wishes to communicate to RugbyPass TV for information purposes.
A “complaint” should be understood as the submission of a grievance or concern about specifically identifiable content which the user is alleging to have breached one or more statutory or regulatory standards, together with the specific grounds for the alleged breach(es).

Please note that “complaints” require a response from RugbyPass TV in accordance with this Code of Practice, while feedback may not always require or warrant a response.

To ensure users fully understand the above distinction, users are strongly encouraged to review this Code of Practice and, in the context of submitting a complaint, ensure to follow the submission procedures detailed in this Code of Practice.

7. How long do I have to make my complaint?

Your complaint must be made not more than thirty (30) days after the date the programme material (in respect of which you are submitting your complaint) ceased to be available on RugbyPass TV.

The above timeframe must be adhered to by the user submitting a complaint. RugbyPass TV is not obliged or required to accept or consider complaints received outside the above thirty (30) day period.

8. How do I make my complaint?

All complaints to RugbyPass TV must be in writing and must be sent to the below initial point of contact:

By Email to: complaints@rugbypass.com; or
By Hand Delivery or Post to: RugbyPass TV, Rugbypass Limited, 3rd Floor, 5 Park Place, Adelaide Road, Dublin 2 D02 Y2N8.

A user submitting a complaint must provide their name and contact details.

If you send your complaint to another address or department, while RugbyPass TV will endeavour to facilitate users in having their complaints handled and considered appropriately, the complaint may not be correctly routed, may be delayed or the complaint may not be considered. We therefore strongly recommend that users who wish to make a complaint to RugbyPass TV in respect of the matters under this Code of Practice use the contact details provided above.

9. What can I expect when I make a complaint?

We will respond to acknowledge that we received your complaint within five (5) working days of receipt of your complaint.

We will consider your complaint carefully and will ensure to give it due and adequate consideration. Considering a complaint means that we may review the programme or advert you want to complain about. We may also speak to the person or team who produced the programme.

Where a complaint is received, RugbyPass TV will generally align with the below process, as may be appropriate or varied for each complaint:

initial assessment of the complaint and determine if it is a complaint that falls within the scope of this Code of Practice;
consider if the complaint contains sufficient information to enable us to review and respond appropriately to the complaint. This may include investigation as to whether the programme material or other relevant content in respect of which the complaint has been made has been properly identified and if the details of the alleged breach are sufficiently clear;
in circumstances where we consider it necessary and reasonable, we may contact the individual who has submitted the complaint to request further information or clarifications to enable us to better respond to the complaint;
depending on the nature of the complaint, we may review the relevant programme material or other relevant content, consult with relevant RugbyPass TV teams and departments internally, or with third-party service providers if necessary;
consider all statutory or regulatory requirements and standards that may apply to the complaint;
issue a response setting out the reasons for the determination and actions arising.

Our procedures for considering a complaint may vary depending on the type of programme, content and advert as well as the particular issues that have been raised within the user’s complaint.

10. How long will it take to get a response to my complaint?

We will respond to the issues you have raised in your complaint within twenty (20) working days from receipt of your complaint.

Our response to your complaint will explain our decision on your complaint and any findings (if any) of our review.

For complaints made about the quality or quantity of access services, it may not be possible for our team to consider and investigate complaints within the specified timeframe of twenty (20) working days) as investigation of the complaint may require engagement with third party providers to understand and respond to the concerns raised. In such circumstances, an extension period, notified in advance to the complainant, may be appropriate in order to satisfy the requirement to give due and adequate consideration to such complaints.

11. Complaints to Coimisiún na Meán

Making a complaint directly to RugbyPass TV (via the contact details provided in this Code of Practice) is usually the most appropriate and efficient way to have a complaint considered.

If, however, you are not happy with our response, you can refer your complaint to the Irish media regulator, Coimisiún na Meán - https://www.cnam.ie/.

Note: There may be circumstances in which you may prefer to submit your complaint directly to Coimisiún na Meán. Please visit the Coimisiún na Meán website (https://www.cnam.ie/general-public/report-complain/) for further information regarding when Coimisiún na Meán may consider a complaint directly.

You are required to send your complaint, our response to your complaint and the reasons why you are not satisfied with our response to your complaint to Coimisiún na Meán within fourteen (14) days of the date you received our response.

If you did not get a response, or if you received a response later than the twenty (20) day period (see above) referred to above, you must send your complaint to Coimisiún na Meán within fourteen (14) days of the date our response was due.

If you refer your complaint to Coimisiún na Meán after the fourteen (14) day timeframe set out above, you will need to provide Coimisiún na Meán with the reasons for the delay. Coimisiún na Meán may then consider your reasons and may decide whether or not to accept the complaint.

You can submit a complaint to Coimisiún na Meán online/digitally via the following link - https://www.cnam.ie/general-public/report-complain/something-i-saw-on-tv-on-demand-or-heard-on-radio/submit-a-complaint/ .

Alternatively, you can post your complaint submission to:
Coimisiún na Meán,
1 Shelbourne Buildings,
Shelbourne Road,
Dublin 4,
D04 NP20

For further information regarding how Coimisiún na Meán regulates and deals with complaints, you can visit https://www.cnam.ie/.