41-7-6. [Defamation by radio and television; liability of owner,
188 words·~1 min read·
/nm/chapter-41-torts/article-7-libel-and-slander/41-7-6·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
licensee or operator; compliance with federal law.]
The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee or operator, or agent or employee thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
Provided, however, the exercise of due care shall be construed to include a bona fide compliance with any federal law, or the regulation of any federal regulatory agency, including those laws and regulations fixing the rates that may be charged for use of such facilities for visual or sound broadcasts.
History: 1953 Comp., § 40-27-35, enacted by Laws 1955, ch. 32, § 1; 1978 Comp., § 30-34-6, recompiled as 1978 Comp., § 41-7-6.