Page:Broadcasting Act 19810068 en.pdf/58

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54
c.68
Broadcasting Act 1981

The paged version of this document contained the following header content in the margin: Part III

  • material included in a programme has been selected or arranged;
  • and references in this Part to television programmes and programme contractors include references to teletext transmissions and teletext contractors respectively.

    Making and entertaining of complaints.

    55.—(1) Complaints must be made in writing.

    (2) A complaint may be made an individual or by a body of persons whether incorporated or not, but, subject to subsection (3), shall not be entertained by the Commission unless made by the person affected or by a person authorised by him to make the complaint for him.

    (3) Where the person affected is an individual who has died or is for any other reason both unable to make a complaint himself and unable to authorise another person to do so for him, a complaint may be made by the personal representative of the person affected, or by a member of his family, or by some other person or body closely connected with him (whether as his employer, or as a body of which he is or was at his death a member, or in any other way).

    (4) The Commission shall not entertain, or proceed with the consideration of, a complaint if it appears to them—

    (a) that the complaint relates to the broadcasting of the relevant programme on an occasion more than five years after the death of the person affected; or

    (b) that the unjust or unfair treatment or unwarranted infringement of privacy complained of is the subject of proceedings in a court of law in the United Kingdom; or

    (c) that the unjust or unfair treatment or unwarranted infringement of privacy complained of is a matter in respect of which the person affected has a remedy by way of proceedings in a court of law in the United Kingdom, and that in the particular circumstances it is not appropriate for the Commission to consider a complaint about it; or

    (d) that the complaint is frivolous; or if it appears to them for any other reason inappropriate for them to entertain, or proceed with the consideration of, the complaint.

    (5) The Commission may refuse to entertain a complaint if it appears to them not to have been made within a reasonable time after the last occasion on which the relevant programme was broadcast by a broadcasting body.