Section Four - Independent appeals arrangements for Content Providers and Mobile Operators

Download Classification Framework document

• Introduction - General overview of IMCB
• Section One - Classification Framework - General
• Section Two - Specific Classification Framework requirements
• Section Three - Complaints and dispute procedures
• Section Four - Independent appeals arrangements for Content Providers and Mobile Operators
• Appendix - Definitions used in the Classification Framework document

Classification Framework Appeals Body ("CFAB")

1.  CFAB is a body of persons independent of IMCB appointed to hear appeals against decisions made by IMCB under the IMCB Complaints and Dispute Procedures. The Chairman is a qualified solicitor or barrister of not less than 10 years standing.

2.  An appeal may be made on the following grounds:

- the disputed decision was based on an error of fact;
- the disputed decision was wrong in law or;
- IMCB exercised its discretion incorrectly in reaching its decision.

3.  An appeal may be commenced by either a dissatisfied Content Provider or Mobile Operator lodging with the Clerk written notification of intention to appeal within 28 days of the decision of IMCB. Attached to the notification must be:

- the written determination of IMCB;
- details of the service in question; and
- notice of appeal setting out the grounds upon which the appeal is made and the facts and matters on which it is based.

Appeals Process

4.  The Chairman may convene a conference of relevant parties in order to give appropriate directions for the preparation of the matter for consideration at the appeal.

5.  If any of the parties requests an oral hearing then the Chairman will consider that request and may or may not decide to hold an oral hearing entirely at his discretion. If there is to be an oral hearing it would normally take place within 28 days of the decision that there should be such a hearing. If there is no oral hearing then CFAB will reach a decision on the matter on the basis of the papers before it once it is satisfied that it has all relevant information available and that any relevant parties have the opportunity to understand and respond to any relevant case made by another party.

6.  There are particular provisions concerning the process leading to determination of the appeal in respect of witness statements, time limits and other relevant matters. There are also specific provisions relating to the conduct of any appeal hearing.

7.  The CFAB does not have power to make any order as to costs of the appeal.

8.  Within 28 days of an oral hearing, or otherwise as soon as is reasonably practicable, the written decision of CFAB will be provided to the parties and will be published on the IMCB website.

Note: Full details for CFAB appeals will be provided to all relevant parties on commencement of an appeal, or will be provided on request.