Complaints and investigations

Complaints about community broadcasting services may be made to the ACMA:

• if the complaint concerns a matter that is covered by the community radio broadcasting code of practice or the community television codes of practice and the complaint has been made first to the relevant station
• if the complaint relates to a licence condition or a provision in the Broadcasting Services Act 1992.

This section of the ACMA website provides information about:

• making a complaint
• complaints the ACMA does not deal with
• Licensees’ responsibilities
• Investigating a complaint

Making a complaint

It is advisable to write to a station as soon as possible, preferably no more than six weeks after the relevant broadcast or incident. If a complaint is made a long time, say, three months, after a program has been broadcast, the station may no longer have a tape of the program. Further, the program may no longer be broadcast by the station. This would make it difficult for the station to consider the complaint.

If a complaint were then made to the ACMA about the matter, the lateness of the complaint might raise the question as to whether it is frivolous, vexatious or not made in good faith. If the ACMA decides to investigate a complaint but a copy of the broadcast is not available, it would not be possible to review the program and this may mean that a decision cannot be made on the complaint.

To make a complaint in writing to the ACMA about a code of practice or licence condition matter, print and complete the broadcasting complaint form and send it by:

• email to: communitybroadcasting@acma.gov.au
• fax to: (02) 9334 7799
• mail to: Community Broadcasting Complaints, Community Broadcasting Group ACMA, PO Box Q500, Queen Victoria Building, Sydney NSW 1230

When making a complaint to the ACMA, remember to include:

• a copy of the complaint to the station
• a copy of the station's response if this has been received
• any other relevant correspondence with the station.

If interpreter assistance is required in making a complaint, this can be arranged free of charge by contacting the Telephone Interpreter Service from anywhere in Australia during business hours (Eastern Standard Time) on 131 450.

The ACMA’s practice in relation to complaints about a matter that is covered by a code of practice is to disclose a complainant’s identity to the licensee, as the complaint would already have been made to the licensee. The ACMA’s practice in relation to complaints about licence condition matters is to not disclose the complainant’s identity to the licensee, as complainants may come directly to the ACMA. The usual practice is to not provide a complainant’s details in an investigation report.

The ACMA does not investigate complaints that do not include a return address or are made anonymously.

Complaints the ACMA does not deal with

The ACMA is unable to investigate a complaint that is not covered by the Broadcasting Services Act 1992 or regulations, licence conditions or code of practice. This includes complaints about issues that are the responsibility of a licensee, another government agency or an industry body. Examples are listed in the table below.

 Licensees’ responsibilities

If a licensee receives a complaint about a code matter, it must, by law, provide a response within 60 days.

Under clause 7.2 of the Community Radio Code of Practice 2008 and clause 2.3 of the Community Television Code of Practice 2003, licensees will make every reasonable effort to resolve a complaint, except where it is frivolous, vexatious or not made in good faith.

Clause 7.3 of the Radio Code and clause 2.4 of the Television Code include a provision for licensees to advise complainants in writing that they have the right to refer their complaint to the ACMA if they are dissatisfied with the licensee’s response.

If a complainant does not receive a response within 60 days, or receives a response but considers it to be inadequate, the person may then make a complaint to the ACMA about the matter. It is therefore in the interest of licensees to, as far as is practicable, resolve complaints so that they are not escalated to the ACMA. If a complaint is escalated to the ACMA, the relevant licensee will be required to thoroughly address the issues and provide evidence to support their claims.

Investigating a complaint

In dealing with a complaint, the ACMA may take any of the following actions:

• respond to the complainant that the complaint does not, on the face of it, establish a breach by the licensee and, in the circumstances, no further investigation is warranted
• find that the complaint is frivolous, vexatious or not made in good faith.
• conduct an investigation as part of a community broadcasting licence renewal inquiry
• conduct an investigation.

Whether a complaint is made in good faith

The purpose of the provision in the Broadcasting Services Act 1992 for ACMA to determine whether or not a complaint is frivolous, vexatious or not made in good faith is to prevent an abuse of the ACMA’s complaints handling and investigation process.

Each new complaint is reviewed and previous relevant evidence and findings of fact can be considered. For example, relevant history and the nature of complaints by a complainant against a particular licensee may be taken into account.

In making a finding that a complaint is frivolous, vexatious or not made in good faith, the ACMA asks a series of questions, such as:

• What is the motive of the complainant or their purpose in making the complaint?
• Is the complaint genuine or is it made maliciously or to achieve an ulterior purpose?

Conducting an investigation

The timeframe for completion of a community broadcasting investigation is 12 weeks. However, this may not be achievable on occasions when there are several complex issues to consider and/or several broadcasts to review.

In conducting an investigation, the ACMA requires the relevant licensee to thoroughly address the issues and provide evidence to support their claims. When an investigation is concluded, the ACMA notifies the complainant of the result and provides a copy to the relevant licensee. This may be in the form of a letter or a report.

If the ACMA does not find a breach, details of the complaint and the outcome of the investigation are published on the ACMA’s website, the ACMA’s monthly publication ACMAsphere and the ACMA’s Annual Report.

If the ACMA finds a breach, the ACMA’s usual practice is to issue a media release, including details of any remedial action taken by the licensee and/or enforcement action taken by the ACMA. The table of enforcement actions taken at licence renewal and as a result of breach investigations on the ACMA’s website is also updated.

The provisions for making a complaint about a community broadcasting licensee’s compliance with a code of practice or licence condition, and the requirement for the ACMA to investigate a complaint (or not investigate a complaint if it is frivolous, vexatious or not made in good faith), are set out at Part 11 of the Broadcasting Services Act 1992.

Reports on community broadcasting investigations are available to download below:

• breach community radio investigation reports
• breach community TV investigation reports