Why you MUST fact-check your podcast
Hi, I’m Gordon Firemark, The Podcast Lawyer™ , and I help creatives and business people in the podcasting industry cover their legal bases and protect themselves and the things they create. And this is Legit Podcast Pro, a short weekly show where I offer you legal tips, information and strategies and answer your questions, so you can grow your podcast like a pro!
So, twice this week alone, I’ve had this conversation with podcasters who’ve found themselves in the crosshairs of accusations and threats. So, I thought I’d share some best practices and recommendations with you.
So here’re the scenarios I’m seeing….
Recent call with producer contacted by guests ex-husband.
Another producer plans to do a "naming names" show calling out bad experiences with certain professional service businesses in a particular industry.
But this could come up even if you just do a light, comedy talk kind of show, or even a solo show.
All it takes is one factual error, and you could really tick someone off.
In the video, I examine these Issues:
- Privacy and defamation
- Establishing protocol for fact checks (or editing)
- Secondary/vicarious liability
- Informally handling first contact, get evidence/proof
- Don't commit to anything.
- Retract or revise?
- Disclaimers about viewpoints and experiences being colored by perspective, etc.
Discuss NDA/confidentiality language in some service providers and event organizers' contracts... (and public policy disfavoring enforcement when criminal activity, etc.)
- Why a release might not be enough
- Could an indemnity help? Limitations of indemnification clause given by insolvent indemnitor
- What to do if sued..
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