Internet Radio and Minors

[BozWalker]

What is the name of your state (only U.S. law)? NY

I run an internet radioshow that is r rated for language and is a talk show. Its not a registered business and makes no money just airs 1 day a week every week. We have an facebook fan page as well now my question is can we accept friend requests from minors, we have one minor who is a up and coming singer and some of her friends have sent us friend requests but considering the facebook is under my name and with statutory rape issues I want to be clear if we can be legally in trouble for associating with minor this way or if we should just deny requests and then post the disclaimer again no one under 21...

 

[HomeGuru]

What is the name of your state (only U.S. law)? NY

I run an internet radioshow that is r rated for language and is a talk show. Its not a registered business and makes no money just airs 1 day a week every week. We have an facebook fan page as well now my question is can we accept friend requests from minors, we have one minor who is a up and coming singer and some of her friends have sent us friend requests but considering the facebook is under my name and with statutory rape issues I want to be clear if we can be legally in trouble for associating with minor this way or if we should just deny requests and then post the disclaimer again no one under 21...

**A: of course you could get into trouble.

 

[quincy]

What is the name of your state (only U.S. law)? NY

I run an internet radioshow that is r rated for language and is a talk show. Its not a registered business and makes no money just airs 1 day a week every week. We have an facebook fan page as well now my question is can we accept friend requests from minors, we have one minor who is a up and coming singer and some of her friends have sent us friend requests but considering the facebook is under my name and with statutory rape issues I want to be clear if we can be legally in trouble for associating with minor this way or if we should just deny requests and then post the disclaimer again no one under 21...

I am not seeing how statutory rape issues play into this, but I agree with HomeGuru that there could be problems that arise from the content of your R-rated radio talk show if you allow minors to participate.

Disclaimers, as a note, do not prevent legal problems but rather help to mitigate damages should your radio show spawn a legal action of some sort.

Perhaps you may want to run your program and its format by an attorney in your area to identify the areas that need attention and, again perhaps, take out insurance to cover the costs of any legal actions that may come from the content that is aired.

Good luck.

 

[BozWalker]

addendum

I only mention statutory rape issues only because Im an adult male who along with other adults do a talk show which has a disclaimer for 18+ only due to strong language and I wanted to get clarity on issues with minors who friend our facebook and who might listen to our show or read our blog.
I also needed to get clarity on a young singer as well who is under age.

The only association I have with them is they are on my facebook and i have promoted her singing, Not much interaction but now her friends have started sending friend requests so I needed to find out the law pertaining to this...

 

[swalsh411]

Pray tell what law exists making it a crime to broadcast R or even X rated content to a minor over internet radio. There are very few laws governing content on the internet.

 

[quincy]

Well, unless you plan on having sex with your underage radio listeners, you do not have to worry about statutory rape.

It is probably next to impossible to prevent minors from listening to your talk radio show, but you should have a registration process in place that works to identify users' ages and screens out all those under the age of 18 from participating.

Without knowing how your site is set up and what sort of subjects are being discussed, it is hard to advise you. If R-rated language is your major worry, 10-second delays, a screening process in registration, and moderate monitoring of your show could be enough to protect your site from a lawsuit.

But it really depends on all facts and the fact that you mentioned statutory rape in the first place has me a bit concerned.

I suggest you spend an hour or so of your time with an attorney in your area, for a personal review of the type of content aired and the sort of set up you have for registering those who will be participating. The attorney can help you identify areas of legal risk and show you the best ways to reduce the risks.

Good luck.

(there are broadcasting laws, sw)

 

[BozWalker]

The only reason

I brought up stat rape was because I know that someone over age 40 who even so much as talks to a minor can cause a legal issue like stat rape. Now since i do not plan on any interaction with minors other than asking their ages and how they found me then the musician who is underage i told her i would like to interview her but only with her manager or an adult present. Now our internet show has r-x rated language and sometimes our guests can get graphic and our show usually airs after 10pm but cant control who might download it..just want to cover bases and normally dont allow minors but heard this young girl sing so i promoted her a little played one of her songs but got concerned when her fans started sending a friend requests.

 

[Just Blue]

I brought up stat rape was because I know that someone over age 40 who even so much as talks to a minor can cause a legal issue like stat rape. Now since i do not plan on any interaction with minors other than asking their ages and how they found me then the musician who is underage i told her i would like to interview her but only with her manager or an adult present. Now our internet show has r-x rated language and sometimes our guests can get graphic and our show usually airs after 10pm but cant control who might download it..just want to cover bases and normally dont allow minors but heard this young girl sing so i promoted her a little played one of her songs but got concerned when her fans started sending a friend requests.

Just consult with an attorney

 

[Proserpina]

I'm wondering how the likes of Lex & Terry, or Howard Stern, get around this.

Genuinely intrigued

 

[swalsh411]

There is no law that says you cannot broadcast R/X rated content towards minors over internet radio. You're worrying about nothing.

 

[quincy]

It depends on the internet radio, swalsh.

Don Imus was fired over his "nappy-headed hos" comment and Howard Stern used to have his material censored. Both Imus and Howard Stern (at the time) were broadcasting through CBS stations. CBS is licensed by the FCC and, when the FCC is involved, speech can be regulated under threat of loss of license.

Stern moved to SIRIUS satellite radio in 2006, however, and subscription-based media providers like SIRIUS and XM Satellite Radio are not licensed by the FCC.

For satellite radio, subscribers generally pay to listen to programs that are broadcast. Parental controls are often provided and warnings are generally posted (ie, "Some programming may include explicit language"). Speech is uncensored and essentially free of government regulations. Those who subscribe to the programs are generally aware in advance exactly what it is they are subscribing to.

That said, illegal content is not protected anywhere. Infringing content, defamatory content and content that invades privacy as well as any child pornographic material or obscene content can all result in legal actions being taken against the publisher - possible civil actions, possible criminal actions.

I will admit though that my concerns are less about the R-rated language because, one, BozWalker says the program airs after 10 pm and, two, there are no laws against vulgar speech. My concerns are more about the Facebook page, the blog and, quite frankly, I am finding it hard to shake the statutory rape comment.

Again, a personal review by an attorney in your area, BozWalker, is recommended.

Good luck.

 

[Just Blue]

It depends on the internet radio, swalsh.

Don Imus was fired over his "nappy-headed hos" comment and Howard Stern used to have his material censored. Both Imus and Howard Stern (at the time) were broadcasting through CBS stations. CBS is licensed by the FCC and, when the FCC is involved, speech can be regulated under threat of loss of license.

Stern moved to SIRIUS satellite radio in 2006, however, and subscription-based media providers like SIRIUS and XM Satellite Radio are not licensed by the FCC.

For satellite radio, subscribers generally pay to listen to programs that are broadcast. Parental controls are often provided and warnings are generally posted (ie, "Some programming may include explicit language"). Speech is uncensored and essentially free of government regulations. Those who subscribe to the programs are generally aware in advance exactly what it is they are subscribing to.

That said, illegal content is not protected anywhere. Infringing content, defamatory content and content that invades privacy as well as any child pornographic material or obscene content can all result in legal actions being taken against the publisher - possible civil actions, possible criminal actions.

I will admit though that my concerns are less about the R-rated language because, one, BozWalker says the program airs after 10 pm and, two, there are no laws against vulgar speech. My concerns are more about the Facebook page, the blog and, quite frankly, I am finding it hard to shake the statutory rape comment.

Again, a personal review by an attorney in your area, BozWalker, is recommended. Good luck.

!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[ecmst12]

Statutory rape =/= talking to a minor.

 

[swalsh411]

Satellite radio is not internet radio.

I believe you could, if so inclined, host an internet radio show and, knowing you had minors listening, read pornographic stories and no criminal laws would be broken. If anybody disagrees please feel free to post the relevant law.

 

[quincy]

Satellite radio is not internet radio.

The technologies differentiate them, right. That said and for one example, SiriusXM Satellite radio has an internet radio.

I believe you could, if so inclined, host an internet radio show and, knowing you had minors listening, read pornographic stories and no criminal laws would be broken. If anybody disagrees please feel free to post the relevant law.

18 USC §1470 Transfer of Obscene Material to Minors http://law.onecle.com/uscode/18/1470.html

All states have obscenity laws. One example out of 50 is Missouri Revised Statute Chapter 573, 573.040. http://www.moga.mo.gov/statutes/C500-599/5730000040.HTM