In this episode of Legit Podcast Pro, The Podcast Lawyer™ discusses the legal issues surrounding talking about real people on a podcast. In the United States, the first amendment protects freedom of speech, but defamation is illegal. Defamation can be either slander (oral) or libel (published), and is defined as false statements that harm a person's reputation. If the person is a public figure, they must also prove that the statement was made with “actual malice.” As a podcaster, one must fact-check statements made by guests and avoid publishing defamatory content. Ultimately, it is possible to talk about real people on a podcast as long as the information is truthful and does not violate privacy laws.
Our firm helps podcast creators and networks protect themselves against legal pitfalls. If you've need a pre-publication review of your content, reach out to us for a consultation.