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. 

Another scenario:  

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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