Broadcasting Telecasting (Jan - Mar 1951)

POLITICAL LI . . . are an important part of RCA Victor 's business! ^ELECTRICAL TRANSCRIPTIONS of every description —from spot announcements to full-length programs — are RECORDED, PROCESSED, PRESSED in the country's best-equipped studios and plants. Complete transcribed radio production and script-writing facilities are also, available. Quality and Service . . . are alivays assured at RCA Victor! LARGE or SMALL, your transcription order always gets the same careful attention . . . the same world-famous engineering. With this, plus prompt HANDLING & DELIVER Y, your ET cant miss . . . at Contact a Custom Record Studio today at Dept. 2B in New York, Chicago or Hollywood Custom Record Sales "HIS MASTERS VOICE" Radio Corporation of America RCA Victor Division Page 54 • February 19, 1951 State Law Is Best A nswer — Sh ipley BEST HOPE of solution to the broadcaster's predicament from the ban cn censoring political broadcasts and possible resultant libel suits rests in appropriate state legislation such as exists in California, Florida and certain other states, according to Carl L. Shipley, Washington broadcast attorney. * Writing in the current issue of the Federal Bar Journal, (Vol. XI, No. 2), Mr. Shipley states that since Congress has been aware for nearly 25 years "of the confused interpretation surrounding Section 315" of the Communications Act (requiring stations to give all candidates for an office equal access to the air if one is granted time, while also prohibiting censorship of material aired) "and has failed to take action, it is reasonable to suppose that ultimate clarification must rest with the courts." Until the U. S. Supreme Court does clarify Sec. 315, which it may do in the Felix v. Westinghouse Radio Stations Inc. case involving Westinghouse's KYW Philadelphia as well as WCAU and WFIL there [Broadcasting • Telecasting, Feb. 12; Jan. 22; Dec. 25, 1950], "broadcasters can best protect themselves by requiring as a condition precedent to providing time that copies of political speeches be submitted in advance, and, if defamatory material is found, politely pointing out the possible consequences," he says. newspapers, marketing specialists and laymen who repeat defamatory statements. "But a secondary disseminator of defamation is only liable if he has failed to exercise due care," Mr. Shipley writes. "This is the principle that has been applied to news vendors, booksellers, telephone and telegraph companies, libraries and publishers of 'canned news.' Here again, the law as applied to broadcasters in the various states goes both ways." Might Post Bond "Without censoring," Mr. Shipley writes, "this may evoke cooperation from the speaker. If not, the only alternative may be to require political speakers to post adequate bond, or to sign an agreement to indemnify the radio station against defamation suits, or for the station itself to carry defamation insurance." Mr. Shipley explains the underlying problem is the "reach" of state laws and the "confines" of federal laws "operating in the same general field." He notes FCC's Port Huron decision (warning that stations censoring political talks in violation of Sec. 315 could be denied renewal of license) concluded the federal government had so occupied the field that state laws must be subordinated to federal policy. The courts have differed over FCC's interpretation of Sec. 315, however, he states. The problem is further confused, he says, by the conflict in statutes among various states as to the basis of liability of a station airing a defamatory political speech. One aspect is whether radio defamation is libel or slander, the latter being more difficult to prove and hence an advantage to stations in jurisdictions where this rule applies. Another aspect, he says, is whether the liability is to be based on the law of defamaton or negligence. Mr. Shipley explains that under common law an original publisher of defamatory material is absolutely liable, "even in the absence of intent or negligence." In this class, he points out, fall Application "The weight of existing judicial authority points toward application of the rule of absolute liability," Mr. Shipley says, "even to the extent of holding the broadcaster liable for defamation on a network program which originates in another city." California, Colorado, Florida, Georgia, Illinois, Nebraska, Virginia, Wyoming and Hawaii are the only states and territory which "have squarely treated with political defamation as such" and for "practical purposes" have solved the problem of enacting statutes absolving station operators from liability for political defamation, he states. Some other states have touched on the subject, he notes. Kansas, Oregon, Iowa, North Carolina and South Dakota have statutes providing the broadcaster shall not be liable unless he has been negligent, while Indiana adds the requirement that a retraction must have been aired, Mr. Shipley indicates. Montana and Utah have statutes protecting the station NBC SUIT DROPPED At Request of Judell PLAGIARISM suit filed against NBC, William Morris Agency, Writer Irving Brecher and other individuals for $400,000 by Writer Maxson F. Judell has been dismissed at the request of the plaintiff following transfer of the case from Los Angeles Superior Court to Federal Court by the Morris office. Mr. Judell charged in the suit filed several weeks ago that a program he wrote, Million Dollar Mystery, and appointed the agency to sell, was later sold by them to NBC under the title of One Thousand Dollars Reward as the work of another agency client, Irving Brecher. Retaliatory action was taken against Mr. Judell by William Morris which last Tuesday filed suit against the writer in federal court, Los Angeles, asking for what is believed to be $51,000 for "declaratory relief and damages for malicious prosecution." FACILITIES are the same but th motif is different for the new "Radi Cottage" equipped by WEAU Ea Claire, Wis., as a permanent installa tion. The "cottage," located in th lobby of a local hotel, is equippe with control board, two turntable and remote lines to the hotel's gri room. (Above) Bob Montgomery WEAU disc jockey, holds forth fror 1 1 p.m. to 1 a.m. and 2 p.m. to p.m. Newscasts and other program also originate at the installation, ere; ated by Program Manager Bob Ne1' son and Station Manager Han Hyett. from liability unless there is a( tual malice. North Dakota adds to the broac caster's difficulty with a statute making radio defamation a criml he says. "Thus, if a broadcast 1 censee censors a political speed he commits a crime under t?j federal law, and if he doesn't, li commits a ex'ime under state law} Protection Scope The Washington state statu I only protects the broadcaster fro j liability if he has required a wril ten script in advance and cuts tM speaker off the air when he de^ ates from it, Mr. Shipley writej He points out, however, that sinij FCC rules forbid such measure] "the backhand effect of the statu ) is to make certain that the broa J caster is liable for defamatory pi litical speeches made over his ffl cilities." A I9& [ $ Lansing's Mc Powerful Staul BROADCASTING T e 1 c c a s 1 1