Legal and Ethical Considerations for Podcasters
There’s a lot happening in media right now. Laws, platform rules, and audience expectations are shifting fast.
I want to keep you safe while helping you share the message you care about. This guide gives you clear, practical guardrails, so you can create boldly without stepping into legal or ethical traps. Use it to protect your show, your guests, and your community, while keeping your voice strong, your facts tight, and your reputation solid.
DISCLAIMER: The purpose of this is to help you stay compliant and responsible while building trust with listeners, guests, and the public. This is practical guidance, not legal advice. Laws vary by location, so consult a qualified attorney for specific situations.
Obscenity
What it is: Obscenity is not protected by the First Amendment in the U.S. It’s different from indecency or profanity. Obscenity has a specific legal test and is illegal to distribute.
The Supreme Court’s three-part test (Miller test):
Would the average person, applying contemporary community standards, find the work appeals to prurient (shameful or morbid) sexual interest?
Does the work depict or describe sexual conduct in a patently offensive way?
Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?
Practical guidance:
Avoid content that is only sexual shock value with no serious value.
Comedy or education involving sexual topics should have clear context, purpose, and value (e.g., sexual health education).
Podcast distribution platforms may have stricter content rules than the law. Check their policies.
Note: The “community standards” part can vary by jurisdiction; when in doubt, err on the side of caution.
Telephone or Online Connection Rules
Consent is key:
Before putting a caller or remote guest on air or recording them for publication, get permission. Ideally obtain written or recorded verbal consent.
Before you say anything else, tell people they are being recorded and what you record may be published.
One-party vs. two-party consent:
In the U.S., some states require all parties to consent to a recording (often called “two-party” or “all-party” consent). Others require only one party (which could be you). If callers cross state or country lines, follow the strictest applicable rule.
Voicemail and greetings:
Don’t play someone’s voicemail or voicemail greeting on your show without permission. Voicemails are not “public domain.”
For listener-submitted voice messages, include clear terms stating they consent to broadcast and editing.
Practical workflow:
Use a pre-call script: “You’re being recorded for potential publication. Do you consent?” Record their “yes.”
For live shows: Play a consent bumper to callers before connecting to air.
Keep consent records organized with episode notes.
Hoaxes
What counts as a hoax:
You knowingly present false information.
It’s reasonably foreseeable that your false information could cause substantial public harm.
The hoax directly causes that harm.
Examples of public harm:
Faking an emergency (e.g., “There’s a bomb at the mall”) leading to panic, emergency response, or evacuation.
Announcing fake product contamination causing a run on stores or serious economic damage.
Fabricating a public health scare leading to overwhelmed hospitals or people avoiding needed care.
Guidance:
Label satire clearly and avoid realistic emergency claims.
Verify breaking news before publishing; attribute sources.
Avoid “prank” content that could trigger public safety responses.
Hate Speech
Baseline standard:
Do not use your platform for deliberate attacks on people based on protected characteristics (e.g., race, ethnicity, religion, national origin, sex, gender identity, sexual orientation, disability).
Even if certain speech might be legally protected in some jurisdictions, platforms, advertisers, and audiences often have stricter, zero-tolerance policies.
Best practices:
Critique ideas, policies, and behavior—never a person’s identity.
Moderate community spaces (comments, Discord, socials) with clear rules against slurs and targeted harassment.
If a guest crosses a line, correct it on-air and in show notes.
Reputation (Defamation: Slander/Libel)
What it is:
Defamation is a false statement presented as fact that harms someone’s reputation.
Spoken defamation is slander; recorded and published statements are typically treated as libel in many jurisdictions since they are fixed.
Key elements:
False statement of fact (not opinion).
Published to a third party (your audience).
Causes harm (reputation, business, social standing).
Fault level depends on who the subject is (negligence vs. actual malice).
Public figures and limited-purpose public figures:
They have reduced protections; to prove defamation, they often must show actual malice: you knew it was false or acted with reckless disregard for the truth.
This does not give you a free pass. Reckless attacks can still be defamatory and costly.
Practical tips:
Stick to verifiable facts and clearly label opinions: “In my opinion…” won’t save you if you imply a false fact.
Source your claims. If you’re unsure, say so and avoid definitive language.
Offer subjects a chance to respond, especially for serious allegations.
Keep notes and sources; they help show your diligence if challenged.
Personal Vendettas
Risks:
Targeted, repeated attacks on an individual—especially an ex-employee, former partner, or personal rival—can look like actual malice or harassment.
Emotional involvement can erode your objectivity and increase legal exposure.
Guidance:
Disclose conflicts of interest to listeners if discussing someone you have a personal history with.
Consider recusing yourself or using a guest host to cover sensitive stories.
Focus on issues and facts, not the person. Avoid inflammatory language.
Blocking Business
What to avoid:
Using your platform to instruct listeners to clog customer-support lines, spam emails, or flood review sites targeting a specific business.
Coordinating boycotts is different from urging harassment or interference. The line is crossed when you encourage actions designed to disrupt operations or manipulate ratings platforms.
Risks:
Potential tort claims (interference with business relations), platform bans, and reputational harm to your show.
Better approaches:
Encourage constructive feedback: “If you’ve had an experience, leave an honest review.”
Provide consumer resources without directing a harassment campaign.
When covering a controversy, present multiple perspectives and avoid call-to-action dogpiles.
Invasion of Privacy
Public vs. non-public figures:
Public figures have reduced privacy expectations regarding matters tied to their public role, but not for private, sensitive information.
Private individuals have stronger privacy protections.
Four common privacy claims:
Intrusion upon seclusion: Recording or prying into private spaces or conversations where someone expects privacy (e.g., hidden mics in a home).
Public disclosure of private facts: Publishing highly sensitive, non-newsworthy information (e.g., health records, sexual history, financial details) that would be highly offensive to a reasonable person.
False light: Publishing misleading impressions that portray someone inaccurately in a way that would be offensive, even if not strictly defamatory.
Appropriation/right of publicity: Using someone’s name, image, or voice for commercial purposes without permission.
Practical safeguards:
Get written releases from guests, especially for sensitive topics.
Blur or bleep personal data (addresses, phone numbers, financial info).
Avoid sharing minors’ identities without parental consent.
When in doubt, anonymize and aggregate.
Verify that you have rights to photos, clips, and music.
Ethical Standards That Strengthen Your Show
Transparency:
Disclose sponsorships and paid relationships clearly in episodes and show notes.
Corrections:
If you get something wrong, issue a prompt, clear correction on the next episode and in the original episode description.
Sourcing and permission:
Use licensed music and sound effects. Credit creators. Keep license documentation on file.
Get permission for user-generated content unless your submission terms clearly cover it.
Guest welfare:
Prepare guests on sensitive topics, avoid ambush interviews, and honor off-the-record requests.
Provide context when discussing traumatic events; avoid gratuitous detail.
Community care:
Set house rules for your audience spaces; enforce them consistently.
Avoid whipping up mobs; model civil disagreement.
Practical Checklists
Pre-production checklist:
Do we discuss sexual content? If yes, is there clear educational, artistic, political, or scientific value?
Any phone recordings? Do we have consent and are we complying with the strictest jurisdiction?
Any claims about people or companies? Are they verified, fair, and necessary? Do we have documentation?
Any sensitive personal info? Do we have permission or a strong public-interest reason?
Are music, clips, and images licensed or original?
Recording checklist:
Start with consent confirmation.
Remind guests of on/off-the-record boundaries.
Avoid language that attacks identity groups or encourages harassment.
Post-production checklist:
Fact-check quotes, names, and allegations.
Bleep private info; trim risky tangents.
Add disclaimers and sources in show notes.
Confirm that satirical bits are clearly labeled as satire.
Scenario Examples
Satirical emergency bit:
Risk: Listeners take it as real; emergency services are called.
Fix: Clear, frequent disclaimers: “Satire,” “Fictional,” and avoid realistic emergency claims.
Exposing a local business:
Risk: Defamation or tortious interference if you make unverified allegations and call for review-bombing.
Fix: Present verified facts, request comment from the business, include their response, and ask listeners to share honest experiences rather than direct attacks.
Playing a listener voicemail:
Risk: No permission; privacy violation.
Fix: Use a submission line with a recorded consent message and written terms. Otherwise, get explicit permission.
Discussing a celebrity’s private health issue:
Risk: Public disclosure of private facts, unless they’ve made it public.
Fix: Rely on their own public statements or credible reports; avoid new private details; focus on public impact.
Documentation and Record-Keeping
Keep:
Consent recordings and release forms.
Source links, interview notes, and fact-check logs.
License certificates for music and clips.
Correction logs and editorial decisions, especially for sensitive stories.
International Considerations
Laws vary widely by country and state:
Recording consent, defamation thresholds, and hate-speech laws differ.
If your audience or subjects are international, apply the strictest relevant standard to be safe.
Platform policies may go beyond the law. Review Apple Podcasts, Spotify, YouTube, Patreon, and hosting TOS.
When to Call a Lawyer
You’re planning an investigative episode with serious allegations.
You received a legal threat or takedown request.
You want to use hidden recording or sensitive documents.
You’re unsure about consent or privacy in a specific jurisdiction.
Closing Thoughts
Protecting people’s dignity and safety isn’t just about avoiding lawsuits, it builds loyalty, attracts sponsors, and keeps your show sustainable. Aim for truth, fairness, and consent, and document your process.
