411.062 Defense to actions for damages for publication of a defamatory statement against a radio or television broadcasting station

411.062 Defense to actions for damages for publication of a defamatory statement

against a radio or television broadcasting station.

If in any action for damages for the publication of a defamatory statement on a visual or

sound radio broadcast, the defendant proves that said defamatory statement has been

uttered by one other than the owner, licensee, or operator of the broadcasting station or

one acting as the agent or employee of said owner, licensee or operator, the action shall

be dismissed unless the plaintiff shall allege and prove that such owner, licensee,

operator, agency or employee has failed to exercise due care to prevent the publication of

said statement in said broadcast; provided, however, that bona fide compliance with any

federal law or the regulation of any federal regulatory agency shall be construed as the

exercise of due care; and provided, further, that in no event shall the owner, operator or

licensee of a radio or television broadcasting station, or one acting as the agent or

employee of such owner, operator or licensee, be held liable for the utterance of a

defamatory statement in a visual or sound radio broadcast over the facilities of such

station by any person speaking as a legally qualified candidate for public office, or on

behalf of any such candidate.