Can a Podcaster Be Sued for What a Guest Says?
Short answer: yes.
If you host, produce or publish a podcast, the law generally treats you as a publisher of everything in the episode. That includes the offhand comment your guest made about their former business partner, the song playing under your intro and the phone call you recorded for a segment.
Most podcasters never face a legal claim. But as shows grow, take on sponsors and tackle real stories about real people, the risk grows with them. Here's what Australian podcasters need to understand.
You're the Publisher, Not Just the Host
Under Australian defamation law, anyone who takes part in publishing a defamatory statement can be held responsible. For a podcast, that usually means the host, the producer and the business or entity behind the show, not only the person who said the words.
It doesn't matter that:
The comment came from a guest, not you
It was said in passing and not planned
You didn't agree with it
The episode was recorded live and unedited
If you chose to publish the episode, you published the statement.
Example: A Brisbane business podcast interviews a startup founder. Mid-conversation, the guest claims their former co-founder "stole the company's client list" before leaving. The host doesn't challenge it and the episode goes live. The former co-founder sends a concerns notice naming both the guest and the podcast.
How Defamation Works for Podcasts
Podcasts fall under the same defamation laws as newspapers and broadcasters. In Queensland, that's the Defamation Act 2005 (Qld), with similar laws in the other states and territories.
Key points for podcasters:
Serious harm is required. The person must show the episode caused, or is likely to cause, serious harm to their reputation.
You'll usually get a concerns notice first. This is your window to edit the episode, publish a correction or offer an apology before it escalates.
Your back catalogue still counts. Old episodes stay online and keep being downloaded. Generally the one-year limitation period runs from when an episode was first published, but re-editing or re-releasing content can raise new questions.
Small businesses can sue. Corporations with fewer than 10 employees can bring defamation claims, so criticising a local business by name carries real risk.
Identification doesn't require a name. If listeners can work out who you're talking about, that person may still have a claim.
True Crime Carries Extra Risk
True crime is one of the most popular podcast genres, and one of the riskiest.
On top of defamation, true crime podcasters need to be aware of:
Contempt of court. Discussing a case that's currently before the courts can risk prejudicing a trial. This is a criminal matter, not just a civil one.
Suppression orders. Courts can prohibit publishing certain names or details. These apply to podcasts as much as to news outlets.
Victim and young person protections. Queensland law restricts identifying complainants in sexual offence cases and, in many situations, young people involved in criminal proceedings.
Naming suspects. Suggesting someone committed a crime they were never charged with, or were acquitted of, is a classic defamation risk.
Example: A Gold Coast true crime podcast revisits an unsolved local case and speculates that a named neighbour was likely involved. The neighbour was never charged. Even if the hosts frame it as a theory, the imputation that he's a suspect can be enough to found a claim.
If your show covers active cases, it's worth getting legal advice before publishing.
Music, Clips and Copyright
Copyright problems are one of the most common issues podcasters run into, often without realising.
Music. Using a popular song as your intro, outro or background bed without the right licence is copyright infringement. A song usually involves two sets of rights: the composition (songwriters and publishers) and the recording (usually the record label). You need permission covering both.
Common misconceptions:
"I only used 15 seconds." There's no safe length. Short excerpts can still infringe.
"It's royalty-free." Royalty-free music still comes with a licence. Check that it allows podcast use, commercial use if you have sponsors, and use in social clips.
"I credited the artist." Credit isn't permission.
Clips from other media. Playing a TV segment, news clip or another podcast's audio can sometimes fall under Australia's fair dealing exceptions, such as criticism and review or news reporting. These exceptions are narrow. The use needs to genuinely serve that purpose and the source must be acknowledged.
Social media clips. Cutting your episodes into short videos for Instagram, TikTok or YouTube creates a new publication. If the clip includes music or third-party footage, your original licence may not stretch that far.
Example: A Sunshine Coast comedy podcast uses a chart-topping song as its theme for two years. When the show starts running sponsored ads, the label's rights management team identifies the track and issues takedowns across platforms, followed by a demand for licensing fees.
Recording Calls and Interviews
Podcasters often record phone or video calls with guests, callers or people involved in a story. The rules around this vary between states.
In Queensland, the Invasion of Privacy Act 1971 generally allows a person who is part of a private conversation to record it. Publishing or sharing that recording is a different matter, and usually requires the consent of the other participants.
Other states have different rules, and some are stricter. That matters when your guest is calling in from Sydney or Melbourne.
The simplest protection is to get clear consent on the recording itself at the start of every interview, confirming the person knows they're being recorded and that it will be published.
Australia's statutory tort for serious invasions of privacy, which commenced in June 2025, adds another reason to be careful when discussing people's private lives, health or personal circumstances on air.
Sponsors and Ad Reads
Once your show carries advertising, the Australian Consumer Law applies to what you say about
products. Host-read ads are particularly risky because they sound like personal recommendations.
Keep in mind:
Only make claims the sponsor can substantiate
Clearly disclose paid partnerships and gifted products
Don't claim you use a product if you don't
Be careful with health, finance and supplement sponsors, where claims attract closer scrutiny
Your Hosting Platform Won't Protect You
Most podcast hosting and distribution platforms require you to confirm you own or have licensed everything you upload. Many also require you to indemnify them if a claim arises.
In practice, that means responsibility for your content sits with you, not Spotify, Apple or your hosting provider.
A Podcaster's Pre-Publish Checklist
Before each episode goes live:
Have I reviewed anything said about identifiable people or businesses?
Can every factual allegation be backed up?
Did any guest make claims I should edit out or challenge?
Does the episode discuss any case currently before the courts?
Do I have licences for all music, including in social clips?
Did every guest and caller consent to being recorded and published?
Are sponsor claims accurate and disclosures clear?
It's also worth using a simple guest release form that confirms consent to record and publish, and asks guests to warrant they have the right to share anything they bring to the show.
Where Insurance Fits In
Careful editing and good processes go a long way, but they can't remove every risk. A guest can say something you miss, a clip can include music you didn't notice, or someone can object to an episode years after it was published. Defending a defamation or copyright claim can be expensive, even when you're ultimately in the right.
General business policies like public liability usually aren't designed to respond to content claims.
Media Liability Insurance is built for exactly these risks, including defence costs. If your podcast is a business, carries sponsors or covers real people and events, talk to Tim at Monarch about whether cover makes sense for your show.
Enquire here or give us a call on 1300 130 463
