Independent Broadcasting
Authority

[No. 17 of 2002

355

(f) clear separation of advertisements from other programme
outputs.
34. (1) Where —
(a) a person has made a complaint—
(i) to the Corporation; or
(ii) to a broadcasting licensee;
on the ground that the Corporation or broadcasting licensee
has in providing a broadcasting service acted contrary to a
code of practice developed by broadcasters referred to in
section thirty-three; and
(b) the person has not received a response within fourteen days
after making the complaint, or the person has received a
response within that period but considers that response to
be inadequate;
that person may make a complaint to the Authority about the matter.
Investigation of complaints relating to the Corporation or other
broadcaster
35. (1) Subject to subsection (2) the Authority shall investigate
the complaint submitted under section thirty-four.
(2) The Authority shall not investigate the complaint if it is satisfied
that —
(a) the complaint is frivolous or vexatious or was not made in
good faith;
(b) the complaint is not relevant to a code of practice developed
by the Corporation or any other broadcasting licensee; or
(c) the complaint is brought more than three months after the
broadcast in question was made.
36. (1) If, having investigated a complaint, the Authority is satisfied
that —
(a) the complaint is justified; and
(b) the Authority should take action to obligate the Corporation
or other broadcasting licensee to comply with the relevant
code of practice;
the Authority may, by notice in writing given to the Corporation, or
other broadcasting licensee, recommend that the Corporation or the
broadcasting licensee, as the case may be, take action to comply with
the relevant code of practice and take such other action in relation to
the complaint as is specified in the notice.
(2) The other action referred to in subsection (1) may include
broadcasting or otherwise publishing an apology or retraction.

Complaints
relating to
public
broadcasting
or
broadcasting
services

Action of
Authority
where
complaint
justified

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