Running into an issue right now. Sometimes this issue becomes a hot topic. What is the legal minimum notice a caller has to receive before putting him/her on the air? Just wondering how some of you are handling this in your facility/plant?
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Legality of putting callers on the air
- Thread starter Brian Bowers
- Start date
I may have answered my own question. I found this on www.broadcastlawblog.com, but your comments are still welcome.
Posted on June 12, 2008 by David Oxenford
Fine for Airing Telephone Call Without Permission - Unauthorized Employee No Excuse
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Watch what your employees are up to. That’s the message of a recent decision by the FCC, fining a broadcaster $4000 for airing a telephone call that was taped and broadcast without the consent of the caller. In the case released earlier this week, the licensee asked for forgiveness based on the fact that the employee had already left the employment of the station, and because the licensee did not know of the conduct, could not even confirm that it occurred, and did not condone that conduct if it had in fact taken place. Essentially, the FCC found that the evidence provided by the caller who complained to the FCC was so convincing that the Commission could conclude that the call had in fact been aired without the caller’s consent even though the licensee could not confirm it, and the licensee was responsible for the actions of its employees. This sends the clear message to licensees that they must carefully supervise their employees, and think twice about putting that “wild and crazy” disc jockey on the air if the licensee thinks that he won’t be restrained by the Commission’s rules.
This case is another example of the FCC’s rules against airing phone calls without the consent of the caller (or taping those calls for airing without consent), except in the limited circumstances where a caller should know from the context of the program that, by calling the station, he will be put on the air. For instance, if the caller calls on a call-in line to an on-air show where the stations employees are regularly putting callers on the air, then the station should not have problems under the rules. But broadcasters are safest if they are cautious with such phone calls – warning callers with a taped or live message that there call may be taped or put on the air before the taping or airing occurs
Posted on June 12, 2008 by David Oxenford
Fine for Airing Telephone Call Without Permission - Unauthorized Employee No Excuse
Email This
Comments
Share Link
Watch what your employees are up to. That’s the message of a recent decision by the FCC, fining a broadcaster $4000 for airing a telephone call that was taped and broadcast without the consent of the caller. In the case released earlier this week, the licensee asked for forgiveness based on the fact that the employee had already left the employment of the station, and because the licensee did not know of the conduct, could not even confirm that it occurred, and did not condone that conduct if it had in fact taken place. Essentially, the FCC found that the evidence provided by the caller who complained to the FCC was so convincing that the Commission could conclude that the call had in fact been aired without the caller’s consent even though the licensee could not confirm it, and the licensee was responsible for the actions of its employees. This sends the clear message to licensees that they must carefully supervise their employees, and think twice about putting that “wild and crazy” disc jockey on the air if the licensee thinks that he won’t be restrained by the Commission’s rules.
This case is another example of the FCC’s rules against airing phone calls without the consent of the caller (or taping those calls for airing without consent), except in the limited circumstances where a caller should know from the context of the program that, by calling the station, he will be put on the air. For instance, if the caller calls on a call-in line to an on-air show where the stations employees are regularly putting callers on the air, then the station should not have problems under the rules. But broadcasters are safest if they are cautious with such phone calls – warning callers with a taped or live message that there call may be taped or put on the air before the taping or airing occurs
I was typing this while you answered your own question. ;D I'll still post my reply:
I lost my old NAB manifesto on the subject 30 years ago, but it seemed to be clear. Not one syllable of the caller is to reach the air before consent is given, unless the caller is calling a line where being placed on the air is expected. For recorded interviews, can't start the recorder until consent is given. This overrides any state laws regarding recording phone calls. Giving consent after the fact isn't good enough.
That rule is broken all the time. Seems the only time someone gets busted is when a knowledgeable official gets cold-called on-air by some morning-zoo idiot. Happened in Kansas City, as I recall. Station fires jock (Randy Miller?) and writes a check to the C.
I lost my old NAB manifesto on the subject 30 years ago, but it seemed to be clear. Not one syllable of the caller is to reach the air before consent is given, unless the caller is calling a line where being placed on the air is expected. For recorded interviews, can't start the recorder until consent is given. This overrides any state laws regarding recording phone calls. Giving consent after the fact isn't good enough.
That rule is broken all the time. Seems the only time someone gets busted is when a knowledgeable official gets cold-called on-air by some morning-zoo idiot. Happened in Kansas City, as I recall. Station fires jock (Randy Miller?) and writes a check to the C.
A Baltimore station went down for doing just that. They never got back 20 years later. Not only did they record callers, but for a very long time after they were gone those calls by any number of people were being distributed to others to use for material. Pretty sick on the illegal behavior to say the very least.
My stations are pretty strict. We tell the caller that they are on the air and ask whether that's okay. If they are silent or don't say "yes" then the call is terminated before the caller speaks a single word. Jocks have been fired for not complying. We log all live airtime, so the answer is recorded.
ChiefOperator said:
I would not advise putting someone on the air until after they had said "yes" off the air. Every rule interpretation I have ever heard says that if you put them on the air and then ask, it is a violation. If listeners can hear them say "no," (or even "yes," for that matter) it is too late.
My suggestion: don't fade up their pot until after you hear them say they accept.
Kind Regards,
David
David,
I would agree with you, but it's not my call. It's true that once you ask them over the air, then they are already on the air. Perhaps I'll have my GM's take a look at this thread
I would agree with you, but it's not my call. It's true that once you ask them over the air, then they are already on the air. Perhaps I'll have my GM's take a look at this thread
Unless the rules have changed since I've been out of the game, if a listener calls a request line they do so with the prospects of them being put on the air assumed.
Bill Wolfenbarger said:
Hmm Maybe I had a Rick Perry moment. I've worked with morning shows that would give out the "request line" number with listeners clearly aware (pardon me for assuming a level of intelligence) that those calling in were being put on the air. We never had any issue of someone complaining or objecting to hearing their pre-recorded conversation being heard in their kitchen during morning drive, and I never had, nor did corporate, a discomfort with same. Maybe we got away with some blatant illegalities, but I don't think so. I do know there were occasions when someone calling said request line asked that their conversation not be aired, and that was always accommodated.
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