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  1. #1

    Default On Air Abuse by a Popular Radio Personality

    My question involves an injury that occurred in the state of: Indiana

    It was found out by someone I know that her sister (a popular radio personality and occasional adult model) took it upon herself to rail on her live on the radio today. She was told this by a friend who got tired of hearing this happen as it apparently has happened several times before. My friend was unaware that this happened now and in the past and is extremely upset about this and doesn't know what to do. There is no way to know exactly what was said until the radio broadcast is archived online but it was told to my friend that she was called "certifiably insane" "white trash" and "an embarrassment to her family" among other things; this went on for several minutes live on the radio. I realize slander/defamation cases are difficult but this seems to be something that could be quite easily defined as such. I'm sorry I don't know more but I'm going off second hand stuff right now.

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Big City Radio Personality Stepped Over the Line

    so, what was the question?

  3. #3

    Default Re: Big City Radio Personality Stepped Over the Line

    lol. Sorry. Well I guess, for now, the situation is kind of volatile. The mutual friend of my friend and her sister reportedly told the radio personality that she was tired of her constantly and unflinchingly battering her sister on the radio so she took it upon herself to tell my friend this was happening. Since then, my friend's sister (the radio personality) has been almost ceaselessly sending threatening text messages to my friend; I guess in an attempt to scare her. I suppose my question is could my friend sue the radio station or her sister (the radio personality) for defamation/slander? This was live drive-time radio. Many who live in the area know her and her family and even if they don't, it wouldn't take much to connect the dots. That, along with the recent threats, have my friend extremely upset. I'm urging calm but I think she is motivated to take legal action against the radio station and her sister.

  4. #4
    Join Date
    Sep 2010
    Location
    Oklahoma
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    695

    Default Re: Big City Radio Personality Stepped Over the Line

    A defamation suit would be near impossible based on the post. Phrases such as "white trash" are purely opinion and have no factual basis. As an opinion it is protected. The defendant could very easily defend the position as an opinion piece unless there were untrue factual claims such as the person is a sex offender.

    Even then, the afflicted party must show actual damages in order to recover. The fact that it made her feel bad is not enough. She would need to show that she lost business, or incurred other expenses directly related to the broadcast...which we know she didn't because she wasn't even aware of them.

  5. #5

    Default Re: Big City Radio Personality Stepped Over the Line

    So, then, one could go on the radio as a regular daily personality and say whatever they wanted about a private citizen and then threaten to do it again, continue to do this without any threat of recourse from a private citizen, do it maliciously (as is illustrated in the threatening text messages from this radio personality), and nothing can be done? This friend does suffer from a diagnosed mental condition and these events have caused them to spiral downward pretty severely.

  6. #6
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Big City Radio Personality Stepped Over the Line

    So, then, one could go on the radio as a regular daily personality and say whatever they wanted about a private citizen and then threaten to do it again, continue to do this without any threat of recourse from a private citizen, do it maliciously (as is illustrated in the threatening text messages from this radio personality), and nothing can be done?
    So, I guess you've never heard of Rush Limbaugh?

  7. #7
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Big City Radio Personality Stepped Over the Line

    Unless the radio host strays into providing factually false information, she is protected by the First Amendment. If the person is that affected, then he/she needs to stop listening to the broadcast.

    One tactic that may help is sending a letter to the radio station. State that the broadcasts of the radio host are inflammatory and will be closely monitored in the future for defammatory language. If such language is noted then the defamed individual will hold the radio station jointly responsible for any legal actions. The station may talk to the host for fear of legal actions. It's not a guarantee but worth a try.

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