April Fools' Day Hoaxes Can Expose Broadcasters to Fines, Liability
April Fools' Day can cause broadcasters to come into conflict with the FCC's rule against on-air hoaxes, Wilkinson Barker broadcast attorney David Oxenford said in a blog post Monday. The rule prevents stations from broadcasting information about a crime or…
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catastrophe if the broadcaster knows the information is false, “it is reasonably foreseeable that the broadcast of the material will cause substantial public harm” and public harm is actually caused, Oxenford said. Public harm can be damage to property or the health of the public, and includes diverting public safety officials from their duties, Oxenford said. Beyond concerns about FCC fines, broadcasters should also worry about possible liability implications to April Fools' pranks, Oxenford said. “If some April Fools’ stunt by a station goes wrong, and someone is injured either because police, fire or paramedics are tied up responding to a false alarm, or if someone is hurt rushing to the scene of the non-existent calamity, the victim will be looking for a deep pocket to sue,” he said. “Even a case that doesn’t result in liability can be expensive to defend and subject the station to unwanted negative publicity.”