A SERIES OF HYPOTHETICAL QUESTIONS ABOUT ALLEGED PAYOLA

[DJJOHNG]

I had a series of questions and will try to phrase them hypothetically...

1.) If you, knowing what constitues payola in radio -- getting airplay or a song in excange for cash incentive and/ or favor...

a.) Could you even possibly engage in payola if you are not responsible for determining airplay at a radio station?

b.) Could you commit payola if you are only on air part time and just talk over songs on a predetermined music log during your shift, but cannot chose the order or frequency of them and are not a mixshow DJ, mixshow director, the station's music or program director, sales manager, general manager or have any authority over music selection or station promotions or sales?

A recent example is over the past year the Program Director of a radio station in NYC was fired for accepting a large-screen TV in excange for favors regarding airplay among other things - if you're not the PD or MD and can't determine the order or frequency of songs on the stations playlist - you would not be able to commit payola, right?

c.) And what options do you have if when accused of payola if the answer to the above questions is no?

d.) What options do you have if a coworker accuses you of payola if the answer to the above questions is no?

Lastly,
e.) If, hypothetically, the answer to the above questions is yes and you are commiting payola, would or should you be the only one who is punished, especially if you are not invloved in the station's programming or music selection -- what are the penalties for the station where such payola is being commited?


Thank you

 

[SirRoxalot]

On the Take

Jocks are rarely, if ever accused of payola these days. The simple reason is that they have no control over the music they play. That's the reason that record companies aren't buying laptops for jocks.

As a general rule, accepting money or goods because you're on the air - even if you don't have control of the music - is not a good practice, and is likely to be against company policy. Most jocks have some flexibility in dropping songs, or during "request" periods, which could put you in line for questioning, if not at actual risk.

You could also be accused conspiracy to commit payola even if you're not in control of your music if you accept gifts or cash. The fact that the person in charge didn't benefit doesn't mean that the station didn't benefit from perks extended to you in order to help pay your salary or keep you happy.

If you're accused, and you think that you're innocent, you need to talk to a lawyer. Even radio management tends to take lawyers seriously these days.

 

[SUPERCASTER]

A jock could super-hype a tune for profit even if he does not directly control the play list. This might be considered payola, and possibly conspiracy if other staff members were involved.
Consult your local law professor or an attorney general for details.

 

[DJJOHNG]

A jock could super-hype a tune for profit even if he does not directly control the play list. This might be considered payola, and possibly conspiracy if other staff members were involved.
Consult your local law professor or an attorney general for details.

Thank you for your initial insight on this.

The hypothetical payola questions don't apply to me, but it applies to someone I know.


In terms of the 'possible conspiracy' concept that was mentioned - I was thinking that conspiracy was the most likely scenario since the person I know (who is not involved in programming or music selection at a station) was the only person 'punished' by being suspended 'until futher notice' on allegation of payola. Thanksgiving comes up this week and the suspension was last week.

When this person brought up the reason for suspension to the General manager, the GM of the station group said he had never heard of any jock being involved with payola since the GM has been at the station (I'm assuming for the duration of the time the station had been in current format -approx 5 years - or perhaps longer) and even the first respondant to my original radio-info post on this remarked that it is rare allegation for a jock.

The theory of this person I know being 'railroaded' or 'taking the fall for the team' comes to me as the reasoning for being the only suspended and no action taken by the FCC or U.S. attouney's offices (like what now governor-elect U.S.Attorney Elliot Spitzer has done in New York) with various radio station groups and record labels.

And just recently one of the other on-air talent was concerned about other potential questionable practices by the radio station:

He had mentioned to the person I know that current radio station mixshow DJ's who produce records for artists currently on the Billboard charts mixing those artists' music during their mixshows on the station could be now scrutanized under the guise of payola, and this jock was concerning of him getting 'caught up in this'

And since one of the Programming staff members were just promoted to oversee two stations in the group, it appears that only the person I know is being punished with no recourse over an allegation and no opportunity to defend himself.

The person who has been accused is now also not even allowed in the building to talk to human resources, an option I had suggested before I made the original post. But isnt HR usually 'in cahoots' with programming and management, so it would be like getting advice from the opposing team.

Speaking of HR, is there a human resources policy of handling 'allegations of payola' as opposed to the more common and understood sexual harrasment policies and protocols found in most radio station employment handbooks?

Thank you again for your insight