Your guest was BUSTED, do you pull the episode?

So, you’ve learned that one of your guests has gotten in some legal trouble…  should you consider pulling the episode?  Could there be legal fallout for you?

So… earlier this week, I heard from a podcaster who’s got a very successful podcast that positions him as a professional in his field, and he interviews other professionals… folks who provide services and help to the same kinds of folks as this host’s clients… 

This host just found out that one of his past guests is under investigation by a government law enforcement agency on some very serious allegations… so he’s wondering whether  or not to take the episodes featuring this guest down… or whether there’s any risk to leaving them in his feed.

In fact, this guest has been sort of “cut off” by many folks with whom he’d done business, and it was one of them that alerted the podcast host to the issue.

Now, I know this podcaster and I know he believes strongly in the principle that a person is innocent until proven guilty.

But be that as it may, there are concerns.

Here are a few things to consider:

Is there any legal REQUIREMENT that you take down the episode?

Endorsing?

Promoting?

Or just “featuring”

Is there any requirement that you leave it up? (Contract?)

What harm could it do?

To the guest?

To the Audience?

To the podcaster?

Reputation?

Search Engines?

Getting new guests?

Other past guests asking for takedowns because not want to be associated

Should you do a disclaimer or explanation?

Be thoughtful about what you’d say?

Should you “correct the record”?

Should you remain silent?

Be careful – 

Privacy?

Defamation?

Criminal aiding and abetting?

Conspiracy?

If you DO take down – keep your episode and raw recordings (if you’ve still got them).  Could be evidence.  Could be subpoena’d

BUT, first amendment may protect against a journalist being forced to hand over such materials…

Consult a lawyer.  Don’t assume anything.