Legal Question in Constitutional Law in Maryland

radio talk shows liability

Are radio stations, namely small, privately owned stations, under any restriction regarding call-in talk shows? Is it legal for these stations to take calls from the community and have callers talk about community members by name and occupation, place of work and then relate criminal or immoral behavior about that person? I am most certain that a caller discussed my private life of some 30 years ago, an abortion, and asserted that I was not fit to teach school and that I should be fired. The program aired several weeks ago; at least I caught part of it but did not hear my name or connect the broadcast to to until recently. I turned off the program as soon as I realized the topic. The caller goes to my church; I teach her grandson. I barely know her and have not spoken more than a few words to her in church.

Is such programming legal? Is the radio station liable? Don't the air waves belong to the public and if so shouldn't the public be protected from what it owns?

What this woman is saying is true, but does the radio station have the right to broadcast it?


Asked on 5/17/05, 5:29 pm

1 Answer from Attorneys
William Farley Law Office Professional Corporation

Re: radio talk shows liability

There is a tort for invasion of privacy when publicity is given to private matters.

Someone who publishes a matter concerning the private life of another may subject to liability for unreasonable invasion of his privacy, if the matter publicized is of a kind which (a) would be highly offensive to a reasonable person, and (b) is not of legitimate concern to the public.

The public matter must be one that is "offensive and objectionable to a reasonable man of ordinary sensibilities."

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Answered on 5/20/05, 9:27 am


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