Article 8: Pleadings · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section shields broadcasting station owners, licensees, operators, and their employees from liability for a third party’s defamatory broadcast statement unless they failed to use due care to prevent it, gives them added protection for statements involving political candidates, and limits any recovery to actual damages that are alleged and proved.
Full Text of § 25-840.02
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(1) 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 any person other than such owner, licensee, or operator, or an agent or employee thereof, unless it is 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 in such broadcast.
(2) In no event shall any owner, licensee, or operator, or an agent or employee thereof, be held liable for any damages for any defamatory statement uttered over the facilities of the visual or sound radio broadcasting station or network by any person other than such owner, licensee, or operator, or an agent or employee thereof, by, on behalf of, or against any candidate for public office.
(3) In any action for damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, the complaining party shall be allowed only such actual damages as such party has alleged and proved.
Source
Laws 1949, c. 316, § 1, p. 1037; R.S.1943, (1999), § 86-601; Laws 2002, LB 1105, § 420.
Cross References
Limitation on cause of action, see section 20-209.
Plain-English Summary
Broadcasting a live statement carries a risk radio and television stations cannot fully control: a guest, caller, or other third party might say something defamatory on the air. Section 25-840.02 addresses that risk. The owner, licensee, or operator of a broadcasting station or network, and its agents or employees, are not liable for a defamatory statement published or uttered by someone else as part of a broadcast, unless the complaining party alleges and proves that the owner, licensee, operator, or employee failed to exercise due care to prevent the statement from being broadcast.
Statements touching political candidates get treatment. No owner, licensee, operator, or their agent or employee can be held liable for a defamatory statement uttered over the station’s facilities by, on behalf of, or against any candidate for public office — regardless of whether due care was exercised.
Even where liability exists, the section limits what a plaintiff can recover: only actual damages that the complaining party alleges and proves, not damages presumed from the publication itself.
A cross reference in the statute points to section 20-209 for the limitation period that applies to this type of claim.
Frequently Asked Questions
Can a radio or TV station be sued for something a guest or caller says on air?
Only if the complaining party alleges and proves that the station’s owner, licensee, operator, or an agent or employee failed to exercise due care to prevent the defamatory statement from being broadcast.
Are broadcasters ever liable for defamatory statements about political candidates?
No. Section 25-840.02 provides that no owner, licensee, operator, or their agent or employee is liable for a defamatory statement made by, on behalf of, or against any candidate for public office, regardless of due care.
What damages can a plaintiff recover in a broadcast defamation case under this section?
Only actual damages that the complaining party alleges and proves, not damages presumed from the fact of publication.
Does this section protect the person who made the defamatory statement?
No. It shields the station’s owner, licensee, operator, and their agents or employees, not the third party who made the statement.
Is there a time limit for bringing this type of claim?
The section cross-references section 20-209, which governs the limitation on this cause of action.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as:broadcaster defamation liability nebraskaradio tv station libel immunitypolitical candidate broadcast defamation nebraskadue care broadcast statement nebraska25-840.02 broadcasting liability