[cma-l] Libel insurance for radio stations

[Richard Berry]

I would echo Ollys comments on this. We always drill our students on the 
basics of law before they go on the air, so they know what they can and 
cannot do and this really works. It should be something that anyone 
involved in the output of the station has to go through before being 
allowed anywhere near a microphone. Of course, backers and funders not 
used to radio may ask about things like this but proper training is one 
solution and for what you might spend on insurance you could fit the 
flashest delay system available with a dump button on the bosses desk.. 
much more reassuring!

Cheers
Rich @ Utopia

Richard Berry
Senior Lecturer in Radio and Community Radio Manager
Admissions Tutor: Media Production (TV/Radio) and Broadcast Journalism
The Media Centre, University of Sunderland, SR6 0DD. Call:
+44 (0)191 515 2239 Text: "studyradio" to 83252 (costs 25p)
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Olly Benson wrote:
> Hi Julian,
>
> My advice would be libel insurance is a waste of money.
>
> The main reason is that someone suing for libel would need to consider 
> whether taking action against the organisation would enhance their 
> reputation, and how much would they be likely to receive.
>
> Suing a small-time community radio station run on a shoestring budget 
> would probably do more damage than the initial accusation.  Much 
> better that they accept your apology (assuming you were at fault) and 
> get a nice story about how they were wronged but recognise that suing 
> would be a pointless exercise.  Additionally, were you to lose; the 
> amount awarded would be dependent on your ability to pay... so as soon 
> as you take out insurance that goes up.
>
> I'd also argue that libel insurance almost gives the impression to 
> volunteers that it doesn't matter if they libel, because you are 
> insured against it.
>
> It's worth noting that the six-figure sums awarded to celebrities 
> after litigation with the red-tops are not representative of libel 
> generally.  Look at the teacher who sued FriendsReunited.  They got 
> £4k, so assuming you are not going to be sued every other year, libel 
> insurance would not be cost-effective.
>
> I'd far prefer spending that money on bringing in a libel lawyer / 
> journalist / trainer and doing proper training with your volunteers; 
> and ensuring that you have good compliance systems so that you never 
> get to the stage of defaming someone on air.  Libel training isn't 
> about understand the ins-and-outs of the law: it's simply that every 
> broadcaster can recognise what could be potentially libellous, and 
> then either doesn't broadcast it, or flags it up so you as an 
> organisation can decide whether you want to broadcast it.  One thing I 
> keep reinforcing where I work is that we shouldn't be scared of 
> publishing things that could be potentially libellous, if we can 
> justify it, but it needs to be agreed at an organisational level 
> because of the nature of the risk (erm, lets hope my trustees are not 
> reading this)
>
> The claimant decides who to sue; so you can't really get out of it by 
> indemnifing yourself against the volunteers.
>
> Touch wood there hasn't been a defamation case against a community 
> radio station; and when I was at the SRA I struggled to find any 
> action against student radio or newspapers.  Suing volunteers doesn't 
> make financial sense.
>
> More on libel at: http://www.rad10.com/news/so_sue_me/
>
> Cheers,
>
>
>
> Olly
>
>
>
> On 17/08/07, * Julian Mellor* <julian at 10radio.org 
> <mailto:julian at 10radio.org>> wrote:
>
>     Hi all
>
>     While budgeting and gradually working towards
>     launching full time onto a suspecting public next
>     January, the big issue of insurance has raised
>     its (ugly) head.
>
>     I've seen the discussion on this list from last
>     April, but was wondering if other stations also
>     get cover for libel?   And/or do you get
>     presenters (all of ours will be volunteers) to
>     indemnify you against what they might say on air?
>
>     Cost indications for PLI, ELI and property cover
>     have come in at c.£1800 - which brought tears to
>     my eyes.  What do others pay?
>
>     Thanking you in advance
>
>     Julian
>
>     PS  And thanks to everyone who gave help in July
>     with child protection policies.  We eventually
>     managed to  craft one that fits on one page and
>     it proved sufficient for a youth focused funder.
>     Let me know if you want a copy.
>
>
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>
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