Niborski Discusses Podcasting Risks in Emerging Media Landscape
Pryor Cashman Partner Michael Niborski, Co-Chair of Pryor Cashman’s Privacy, Publicity + Defamation Practice, provided commentary for Law360’s article "‘Lion King’ Suit May Not Reign In Podcasting Legal Jungle.”
In the article, Michael examines the growing legal risks associated with podcasting, particularly as the medium continues to expand without the traditional safeguards found in legacy media. He highlights how the informal and fast-moving nature of podcasts can expose hosts and producers to defamation and related claims.
Michael notes that, unlike traditional media outlets, podcasts often lack editorial oversight and legal review before publication:
“With old media, there is an infrastructure in place with fact-checkers and lawyers, but podcasts are kind of like the Wild West[.] You've got all these people putting these podcasts together, and they don't have anyone checking in advance”
Michael also discusses how podcasts that present themselves as credible or journalistic may face heightened scrutiny in defamation cases. Legal teams, he explains, often analyze a podcast’s broader body of work to determine how statements should be interpreted:
“You use every single little nugget you can think of to show that this fits into your definition. […] You use other episodes and try to show all of these other episodes where it was serious journalism. You look at the demographics of the people who listen to the podcast and whether other media outlets pick up what is broadcast on it.”
Read the full article using the link below (subscription may be required).
