The Soundbite Trap: How Editing in Radio and Podcasting Creates Legal Risk
By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer
In radio and podcasting, editing isn’t just technical – it shapes narratives and influences audiences. Whether trimming dead air, tightening a guest’s comment, or pulling a clip for social media, every cut leaves an impression.
But here’s the legal reality: editing also creates risk.
For FCC-regulated broadcasters, that risk isn’t about content violations. The FCC polices indecency, licensing, and political fairness – not whether your edit changes a guest’s meaning.
For podcasters and online creators, the misconception is even riskier. Just because you’re not on terrestrial radio doesn’t mean you’re free from scrutiny. Defamation, false light, and misrepresentation laws apply to everyone — whether you broadcast on a 50,000-watt signal or a free podcast platform.
At the end of the day, it’s not the FCC that will hold you accountable for your edits. It’s a judge.
1. Alex Jones and the $1 Billion Lesson
Alex Jones became infamous for promoting conspiracy theories on Infowars, especially his repeated claim that the Sandy Hook shooting was a hoax – supported by selectively aired clips and distorted facts.
The result? Nearly $1 billion in defamation verdicts after lawsuits from victims’ families.
Takeaway: You can’t hide behind “just asking questions” or “it was my guest’s opinion.” If your platform publishes it – over the airwaves or online – you’re legally responsible for the content, including how it’s edited or framed.
2. Katie Couric and the Gun Rights Group Edit
In “Under the Gun,” filmmakers inserted an eight-second pause after Katie Couric asked a tough question, making it seem like a gun rights group was stumped. In reality, they had answered immediately.
The group sued for defamation. The case was dismissed, but reputations took a hit.
Takeaway: Even subtle edits – like manufactured pauses – can distort meaning and expose creators to risk.
3. FOX News and the Dominion Settlement
FOX News paid $787 million to Dominion Voting Systems after airing content suggesting election fraud – often based on selectively edited interviews and unsupported claims.
Though FOX is (among other things) a cable network, the impact shook the media world. Broadcasters reassessed risks, host contracts, and editorial practices.
Takeaway: Major networks aren’t the only ones at risk. Radio hosts and podcasters who echo misleading narratives may face similar legal consequences.
4. The Serial Podcast and the Power of Editing
“Serial” captivated millions by exploring Adnan Syed’s murder conviction. While no lawsuit followed, critics argued the producers presented facts selectively to build a certain narrative.
Takeaway: Even without a lawsuit, editing shapes public perception. Misleading edits may not land you in court but can damage trust and invite scrutiny.
Whether you’re behind a radio microphone or a podcast mic, your editing decisions carry weight – and legal consequence.
The FCC might care if you drop an indecent word on air, but they won’t be the ones suing you when a guest claims you twisted their words. That’s civil law, where defamation, false light, and misrepresentation have no broadcast exemption.
There’s one set of rules for editing that every content creator lives by – and they’re written in the civil courts, not the FCC code.
Edit with care.
Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.
Let’s discuss how CBS’s $16 million settlement became a warning shot for every talk host, editor, and content creator with a mic.