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Church Sues WLYN For Defamation

Hopefully they run the common paid programming disclaimer "The views and opinions expressed... blah blah blah" before each show.

Don't know how the other accusations fall, with the funds and alleged trafficking.

That's the roll of the dice with brokered programming... never quite know who's paying the bills.
 
Interesting angle developing here. Final disposition could potentially set a high impact precedent affecting the brokered radio business, as well as the stations hosting them.

Damage claims in libel cases usually heap the burden of proof on plaintiffs, requring them to prove malicious intent. By the same token, this case will be a fascinating test of the armor cloaking those suspect, self-serving disclaimers, "... (The following program is a paid advertisement... The views expressed and any claims made are those of the advertiser... such-and-such) Radio is not responsible for its content...".

I'll be watching this one.

******

HAVERHILL & WNTI comments on "disclaimers" both hit just as I pulled the trigger on my own post. I agree with both.
 
The station is sued because it has a few more dollars than the brokered host.
 
This is not an uncommon event for brokered programs. Each hour is
"owned" by a different individual or group, much like a condominium.
Yes, there is a legal disclaimer before, and after, each program.
Corporate is handling this, in NY. It is a minor annoyance - it will be resolved...
 
frnkp2000 said:
Two words: Summary Dismissal.
Click to expand...
You may be right, but, forgive me for asking --I've been out of the business for a while-- is your prediction based on an already entrenched legal precedent or simple trends in other such cases?

You have to believe there is a reasonable presumption of risk to which both parties signed off. Still, I bear a personal grudge against marketeers of runaway rhetoric poisoning the airwaves with repulsive tactics, dishonestly designed to disarm targeted subjects/victims.
Have you stopped beating your wife?-type questions only serve to handcuff citizens, rendering them helplessly defensless. Once spoken, you can't un-ring the bell. This hypothetical scenario may seem exaggarated for the merits of the above case, but, sorry, I have this passion for leveling the playing field.
 
I went through it in the mid 80's at WLLH. We ran brokered and foreign language programming on Sunday mornings, despite my objections, but to have the latest state of the art toys (including one of those newfangled CD players) you did what you had to do. A Spanish program had a similar problem. We ran disclaimers before and after EVERY show. We rolled tape on EVERYTHING, even the taped programs! A copy of the logger tape including the disclaimers was given to the plaintiff's attorney, and the case never saw the courthouse steps. After that, we got a Spanish/French professor from (at the time) ULowell to monitor the programs in exchange for some station bling (movie tickets and other freebies) and dinners at the Hilton. Lesson: ALWAYS C.Y.A. no matter how foolish or onerous it may seem. It CAN happen to YOU. Eliminate every "what-if" wherever possible.
 
This is the only time this has gone this far, in more than 10 years, that I
have been here, under this ownership. All of our programmers are clearly
identified in the disclaimers - copies of all contracts and programmer
contact info is posted within our Public File, as per regulations. Our company
does brokered programming nationwide - and we do more of it than almost
anybody. Stuff happens...
 
Stuff like this causes a grey hair or two. You just pluck 'em out and carry on.

So..anyone still want to own/manage a radio station? :)
 
I am amused at businesses that put up little signs:

Dry Cleaners: "Not responsible for damage to clothing."

Automobile repair shops: "Do not enter the shop. We will not be responsible for accidents."

Radio Stations: "We are not responsible for the opinions expressed on this program."

Back end of truck: "Not responsible for damage to your car from rocks and debris."

Ultimately, the law and the courts decide issues... no matter what the sign says.

In some lawsuits, failure to advise people of danger is factored into the process. Advising people does not kill the lawsuit, but may temper the nature of the settlement.

RADIO is in transition. For years we worked under the concept that with the license from the FCC came the responsibility to be a "good steward" of the airwaves owned by the public.

Today we are in a process where the industry tells us, but I'm not sure Congress and the Regulations are fully there yet: Today the broadcaster owns the frequency and has NO fiduciary responsibility to the public.

This WLYN dust-up goes not seem to be the kind of case that will anoint the next Ralph Nader with prestige and credentials.
 
This case is like a modern-day version of WKRP taking on "The Rev. Little Ed."
 
The libel and negligence claims have a snowballs chance in Hell.
On the slander claim Plaintiffs have to prove by preponderance of the evidence:
1. Defendant actually said those things.
2. Defendant knew they were false.
3. They were said with malice.
4. Plaintiff suffered actual damages.

The poster who said "summary judgement" nailed it.
Nice to know religious people are acting all nice and Christian. God, I hate broadcast evangelism.
 
From the court document:

"... acting with reckless disregard for the truth..."

Sounds like a liner for Rush Radio...
 
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