2006 New York Code - Defamation By Radio Or Television.



 
    §  75.  Defamation by radio or television.  1.  The owner, licensee or
  operator of a visual or sound radio broadcasting station or  network  of
  stations,  and  the  agents  or employees of any such owner, licensee or
  operator, shall not  be  liable  for  any  damages  for  any  defamatory
  statement  published  or  uttered  in  or as a part of a visual or sound
  radio broadcast, by any legally qualified candidate  for  public  office
  whose   utterances,   under   rules   and  regulations  of  the  federal
  communications commission may not  be  subject  to  censorship  by  such
  owner,  licensee  or operator of such visual or sound radio broadcasting
  station or network of stations, or their agents or employees.
    2.  A "legally qualified candidate" means any person who has  publicly
  announced  that  he  is  a candidate for nomination by a convention of a
  political party or for nomination or election in a primary, special,  or
  general  election,  municipal,  county, state or national, and who meets
  the qualifications prescribed by the applicable laws to hold the  office
  for  which  he  is  a  candidate,  so  that  he  may be voted for by the
  electorate directly or by means of delegates or electors and who (a) has
  qualified for a place on  the  ballot  or  (b)  is  eligible  under  the
  applicable  law  to  be  voted  by writing in his name on the ballot, or
  other method, and who has been nominated by a political party  which  is
  commonly  known and regarded as such or makes a substantial showing that
  he is a bona fide candidate for nomination or office, as  the  case  may
  be.
    3.    In  order  to  be  absolved  from  liability for damages for any
  utterance by a legally qualified candidate as herein defined  in  or  as
  part  of  a  visual  or  sound  radio  broadcast, the owner, licensee or
  operator of such visual or sound radio broadcasting station  or  network
  of  stations,  or  the  agents  or employees thereof, shall announce, in
  substance, at the beginning and end of each such political broadcast  of
  more  than  five  minutes  duration,  and  at the beginning of each such
  political broadcast of five minutes duration or less, that  the  remarks
  about to be made, or made, as the case may be, by the speaker are not to
  be  construed  as reflecting the opinions or beliefs of the station, its
  ownership or management.

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