§ 73.004.Liability of Broadcaster

A limitation on liability for live and third-party broadcast content.

A broadcaster is not liable in damages for a defamatory statement published or uttered in or as a part of a radio or television broadcast by one other than the broadcaster, unless the complaining party proves that the broadcaster failed to exercise due care to prevent it.

The burden is on the claimant, and what must be proved is a failure of due care to prevent the statement — not that the statement was false or that the broadcaster knew it was.

The provision addresses a genuine feature of broadcasting. A live interview, a call-in programme, or a debate carries statements the broadcaster has no opportunity to review. Strict liability for those would make live broadcasting of anything unscripted commercially impossible.

The protection covers statements "by one other than the broadcaster." A station's own reporting is not covered by this section and is governed by ordinary defamation law and the fair report privilege.

"Broadcaster" is defined broadly: an owner, licensee, or operator of a radio or television station or network and the agents and employees of any of them. Individual staff are protected on the same terms as the company.

The witness chapter contains a companion provision removing the need for extrinsic authentication of a licensed station's broadcast recording.