John Garziglia in Radio Ink: Are You Liable If Your Station is Hacked?

This week, a South Carolina radio station’s listeners were surprised to find their regular programming interrupted by a political song with obscene lyrics. A hacker (from IP addresses in Russia and Taiwan) broke into Sunny 107.9’s transmitter and looped in the objectionable song.
While station officials certainly didn’t intend for this song to air, can the FCC still hold them liable? Womble Carlyle Telecom attorney John Garzigliaaddresses this question in a new column for Radio Ink.
Garziglia said the station is under no obligation to inform the FCC. However, a listener complaint still may subject the station to a $350,000 FCC fine.
At the risk of delving too deeply into the subject, no one has any idea what will be the FCC’s stance under the new Chairman on indecency,” Garziglia writes. In recent years, he said the FCC has been inconsistent in its handling of on-air profanity.
He adds, “These hacking incidents are a good reminder to confirm that your errors and omissions insurance policy covers potential fines and defense costs should an FCC indecency complaint be filed. Also, please confirm that your internet connected device password is not ‘password’”.

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