Defamation via the radio

Our man in Havana

If someone libels someone on the radio i.e. they ring up a call in show and the proceeds to libels someone on the air, would the station liable along with the caller?

Should a station have measures in place to prevent libel from being transmitted?

Tom Young

Can be circumstantial but technically yes. They would both constitute publishers in the context of the defamation. A radio station also has the benefit of delay which might allow them filter for the offending piece. You would most likely find that the radio would enter a defence in relation to the nature of the programme, piece and perhaps some sort of freedom of expression waffle.

Our man in Havana

Thanks for that Tom.

Would the same apply to a live Television transmission?

dermot_sheehan

Yep,

monica leech was libelled on RTE radio by a caller, she sued RTE who sought to join the caller as a third party. RTE settled the case out of court if i remember

Sangre

Didn't joe duffy, their employee, repeat the libels though? Does that add another element to the case i.e. vicarious liability?