« Calgary Podcasting Classes Coming Up | Main | Jobs in the Podcasting Field: They Exist! »

Oct 5
US: Defamation and the Podcaster
Google Alerts delivered an interesting article today on the subject of defamation and podcasting. This article by Jeffrey P. Hermes and Samantha L. Gerlovin was carried on Tech News World and deals with how US courts might and look at the issue of false information in podcasting.

Understanding that US courts have held "interactive computer services" such as AOL and forums blameless for content published by third parties, the question at hand is how that law applies to podcasts.

In essence, interactive computer services - which is largely defined as services who do not actually create content - aren't held liable for content on their site even though the services have traditional editorial control over what is published. There are two issues at stake here that might differentiate a podcast from a written article:
  1. If the podcast in question contains an interview, was the content of that interview positively created by the podcaster by virtue of steering the questions or provoking a certain response? If found to be so, the courts may rule that the content is not "third party" content and is, in fact, content produced by the interviewer/podcaster.
  2. In the event that previously published information becomes known to be false, it is widely recognized that it is all but impossible to retract a published article, is it equally impossible to pull a show from the archives?
There have been no clear decisions on these issues as of yet because podcasting is relatively new and has yet to stand the baptism of fire that mainstream media has lived through, but at the very least there is food for thought there.

There's an awful lot more in this aticle than I've touched on here and even if you're not a US podcaster, it might bear reading just to get a leg up on what you might or might not want to do.

Me? I'm a moderate. I like podcasting, not fighting legal battles or trying to convince my friends to smuggle a laptop complete with microphone and a copy of Audacity into my cell in the middle of a cake.

0 Comments/Trackbacks

Comments/Trackbacks are closed for maintenance.

« Calgary Podcasting Classes Coming Up | Main | Jobs in the Podcasting Field: They Exist! »


Related Resources

Advertise Here

sponsored ads


What's this?

Prefer Email?
Subscribe below-

Current News


Bookmark this Page
Write for us
About us
Network Map

Support This Blog



Know More Media - Internet / Ecommerce / Online Business

know more media network

View Network Map

Network Feed List (OPML)

  • Business
  • AManWalksIntoAnOffice
  • AnalyzeThisBusiness
  • BIZZspotlight
  • Business Overview
  • CoreCharacter
  • ItsBadBusiness
  • KnowMoreMedia
  • PRNewsBank
  • SistersInBiz
  • Workerette

we support unitus

Unitus - Global Microfinance Accelerator



Influencer: The Power to Change Anything

BizPodcasting is a member of the Know More Media network of business related blogs.

Here are some current headlines from some of our business publications:


  • Smish: The App for Managing Your PC Apps
  • Online Alarm Clock With Rooster Crowing Sound
  • How to Beat Monday Blues: Just Psyche Yourself + 1 Dark Tip


  • Webinar: Maximizing Your Success to Get a Job in the Industry
  • Call Center Philippines: Effects of the US Crisis
  • Foreign Executives Advise Us to Change our Culture





  • Exciting New Site for Brain Based Leadership
  • Are You Old and Tired?
  • Obama’s Top 10 Business Brain Tactics