Liability of Broadcasting Station for Extemporaneous Defamation by One Not in Employ of Station
DEFAMATION-LIABILITY OF BROADCASTING STATION FOR EXTEMPORANEOUS
DEFAMATION BY ONE NOT IN EMPLOY OF STATION
Defendant broadcasting company leased its facilities to an advertising corporation which hired a performer to speak on a series of programs sponsored by another company. Defendant approved a prepared script and a rehearsal of the program. During the actual broadcast the performer made an extemporaneous remark upon which plaintiff brought action in trespass for defamation. Held, defendant not liable. Summit Hotel Co. v. National Broadcasting Co. (Pa. 1939), 8 A. (2d) 302. The principal case presents for the first time the question of liability of a broadcaster for an alleged defamation not in the script, made on an unprivileged occasion, 1 by one not the agent of the broadcaster. 2 One previous case declared radio defamation to be libel and the station responsible in damages where the defamatory remarks appeared in a prepared script available for inspection. 3 In this case and three...