I interviewed a guest on my podcast. They went on a rant and called a local politician a “corrupt felon” without proof. I aired the episode. Now the politician is suing the guest and me (the publisher) for defamation. I didn’t say it, but I gave them the microphone.
Key Takeaways
- Publisher’s Liability: Legally, “re-publishing” a defamatory statement makes you just as liable as the person who said it. You edited, produced, and distributed it.
- Media Liability Insurance: This covers the podcast entity. It protects against libel, invasion of privacy, and emotional distress claims.
- Guest Indemnification: Your “Guest Release Form” should state that the guest agrees to pay your legal bills if they lie. (Good luck collecting, though—insurance is safer).
- Live vs. Edited: If it was live, you have slightly better defenses (Section 230 protections are weak here for creators). If it was edited, you had time to remove it, so you are more liable.
The “Why” (The Trap): The “Innocent Dissemination” Defense
You think, “I’m just the platform.”
Courts say: “You are the broadcaster.”
The Trap: General Liability policies often exclude “Broadcasting and Publishing” businesses. If you identify as a Podcaster, you need a specialized Media E&O policy, not a generic business policy.
[IMAGE: Screenshot of a “Guest Release Form” highlighting the Indemnification Clause]
The Investigation: I Called Them
I asked, “My guest lied. Am I sued?”
1. Chubb (Media)
- The Verdict: Covered. They understand that interviewers can’t control guests. They defend the host.
2. Standard GL
- The Verdict: Excluded. The “Media-Related Business” exclusion usually kicks in for podcasters.
3. Lawyer Analysis
- The Reality: The Guest Release is vital. It creates a contract breach claim against the guest. But you still need insurance to pay the lawyer to enforce it.
Comparison Table
| Scenario | Media Liability Coverage | Guest Contract |
| Guest Slanders | Defends You | Allows you to sue Guest |
| Copyrighted Clip played | Defends You | N/A |
| Guest Injury in Studio | No (Need GL) | Waiver helps |
Step-by-Step Action Plan
- Edit Aggressively: If a guest makes a factual claim (“He is a felon”), fact-check it. If false, cut it.
- Get the Release: No release, no air time. Use a digital signature tool.
- Retract: If notified of slander, take the episode down and issue a correction. This mitigates damages.
- Buy Media Liability: It protects the “content” you create.
FAQ
Does Section 230 protect me?
Section 230 protects YouTube/Spotify from your content. It generally does not protect you from your guest’s content if you curated/edited it. You are the content provider.
What if it was a live stream?
Risky. You need “Multimedia Liability” that covers live broadcasting.
Can I sue the guest?
Yes, under the indemnification clause. But if they are broke, you get nothing.