TITLE LII
ACTIONS, PROCESS, AND SERVICE OF PROCESS
Chapter 507-A
DEFAMATION BY RADIO OR TELEVISION
Section 507-A:1
507-A:1 Liability for Lack of Due Care. –
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 or matter 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 or operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement or matter in such broadcast; provided, however, that a bona fide compliance with the laws of the United States of America, or any regulation thereunder, shall be held to be the exercise of due care.
Source. 1959, 191:1, eff. Sept. 15, 1959.
Section 507-A:2
507-A:2 No Liability for Uncontrolled Statements by Political Candidates or Others. –
In no event shall the owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, licensee or operator, be held liable for any damages for any defamatory statement or matter published or uttered over the facilities of such station or network of stations by or on behalf of any candidate for public office, or whenever the owner, licensee or operator shall have no power of control or censorship over the substance of the broadcast by reason of state or federal laws or regulations.
Source. 1959, 191:1, eff. Sept. 15, 1959.
Section 507-A:3
507-A:3 No Liability for Uncontrolled Network Broadcasts. –
If any defamatory statement or matter is published or uttered in or as a part of a broadcast over the facilities of a network of visual or sound radio broadcasting stations, the owner, licensee or operator of any such station or network of stations, and the agents or employees thereof, other than the owner, licensee or operator of the station or network of stations originating such broadcasts, and the agents or employees thereof, shall in no event be liable for any damages for any such defamatory statement or matter.
Source. 1959, 191:1, eff. Sept. 15, 1959.