Next Monday is April 1st, a.k.a. April Fool’s Day! If you are thinking about pulling a prank or see something suspicious in a media outlet, remember what starts out as a practical joke sometimes ends up with legal trouble.
In Connecticut, a joke went too far when April Fools’ Day story published by a local newspaper parodying a commercial developer struck a nerve and led to a lawsuit. The case, Victoria Square, LLC v. Glastonbury, brought forth claims of defamation, invasion of privacy by false light and violation of the Connecticut Unfair Trade Practices Act (CUTPA). The Superior court held that the newspaper article discussing a planned development with a huge Wal-Mart, a Hooters facing a church and school, and a helicopter launching pad, was clearly a parody of the newspaper’s usual content and not defamatory.
Other media outlets such as radio stations should remember that broadcasters need to be careful with any practical jokes or pranks prepared especially for the day. The FCC’s rule against broadcast hoaxes, Section 73.1217, prevents stations from running any information about a “crime or catastrophe” on the air, if the broadcaster (1) knows the information to be false, (2) it is foreseeable that the broadcast of the material will cause substantial public harm and (3) substantial public harm is in fact caused.
Bottom line: think before you prank and if a story sounds too good to be true, take a deeper dive!