Legal Law

What if the corporation tells you to lie in a disclaimer?

It has been a long time since I wrote here on this page and yet it seems to be at the right time.

This article is about disclaimers. We’ve all seen the disclaimers, on the back of product packages and in TV commercials, and sometimes even in the weirdest places like plastic bags, disclaimers that say silly things like “no he forgot” . Duh, so who’s going to do that anyway?

For the most part, most disclaimers are simply tools that corporations and lawyers use to make sure that if someone sues, they are not harmed or can get away with claiming innocence.

However, some disclaimers are needed, some make sense and some are quite helpful. So how do you distinguish between ordinary and useful disclaimers and those that are obviously attorney tools and corporate tools to simply prevent you from turning to one of your products or services after one of your products or services actually does it? has damaged? How do you decide which disclaimers are important and which are just annoying, a waste of time and space, and in many cases a waste of good human energy?

Or does it really make a difference whether we distinguish them, separate them or not? Only you know the answer to that question.

I am writing this article to draw attention, to you and the public, to the new use of ‘specifically worded’ disclaimers now being requested to display on some community access channels and shows. The disclaimer for television is not a real issue. Many producers could make disclaimers on their shows, without even being asked to do so.

The big problem with the latest development in community access television corporations is that “specifically worded” disclaimer. That’s it — the “specific words”. And when I read the specific disclaimer, I saw, pretty quickly, that it just wasn’t the truth.

So, I ask them. Can a corporation require you to lie on television (if the disclaimer is obviously not the truth) and if you disagree with the lie, can the corporation, the Board of Directors, or the boss say that you cannot broadcast your show? on community television?

Good question!

While I’m not sure I can answer this question directly, I’m pretty sure I can answer the question using a process of elimination technique. I will try it here.

So through the process of elimination, I’ll say that for the most part, on a lot of community access TV shows, there is usually more than one person, sometimes up to four or five guests on the show or four or five. “talents” on the show. And, if you think about this logically, you should know that all of these people do not have identical ideas and are probably not talking about identical problems or issues.

One guest on the show could be an author, while another guest could be a singer, another guest could be a folk song writer, and one guest could be a lawyer. Yes, all of those guests can be on a single community access television show. And then there is the executive producer. So, with the specifically worded disclaimer notice, you state that the opinions you hear on the show are “solely” from the Producer. And that clearly cannot be the truth. There are many occasions on a show when an executive producer may invite or invite someone to the show who has a different or even opposite opinion than the guests might have.

Therefore, a more appropriate disclaimer, a more truthful disclaimer, could be worded as follows: “Disclaimer: The opinions of this program are not the opinions of the staff or the administrator. They are opinions / facts. from the executive producer or guests, host or talent in this episode. “

Now, that is honest, and that is more truthful and that is much more acceptable than the other cookie cutter disclaimer that is not truthful.

However, in a particular community access study, the other “specifically worded” disclaimer that does not always represent the truth, is the disclaimer that is being promoted by (some in) the corporation.

Even a member of the Board of Directors has stated that the show will not air without the proper (specifically worded) disclaimer.

So what does an Executive Producer do, in this case, when the Producer wants to promote a true disclaimer, one that is more accurate than the ‘specifically worded’ disclaimer misstatement?

Producer options are:

  1. Telling the lie on television (if the program has more than one opinion from several people), so that your own program is broadcast.

  2. Failing to post the specifically worded disclaimer and as a result not having the Producer’s show airing on community access television.

  3. Produce shows elsewhere, in a location that doesn’t require producers to be on the air.

  4. Stop creating TV shows.

  5. Wait until the attorneys have their meeting and see what the outcome of the meeting is, regarding the disclaimer notice.

  6. Do the research and footwork that will give you better answers than the previous ones.

And there are other solutions too, when you really think about it. But those are the most obvious solutions, for now.

I invite you to put your opinion on this issue here. Your opinions are valuable.

DISCLAIMER: (Smiles). Any of these articles is for entertainment purposes only and is never intended to be a substitute for any legal, medical or professional advice.

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