2006 MLRC/NAA/NAB LIBEL DEFENSE ... - Directrouter.com

For exclusive use of MLRC members and other parties specifically authorized by MLRC. © Media Law Resource Center, Inc.In fact, the Relationship actually began even before Divita’s arrival in Louisville.After being hired by FOX 41 in late 2002, one of her new co-workers suggested to her thatwhen she got to town she should go out on a date with John Ziegler, a highly rated radio talkshow host. Divita enthusiastically agreed because she knew it would be good for promotionsand for her ratings on Fox in the Morning.The headline in the Louisville Courier-Journal on January 30, 2003 – Divita’s firstday on the show – proclaimed, “Fox in the Morning Signs Up New Co-Host.” In that article,Divita was quoted as saying, “I have a desire to learn everything, try everything and goeverywhere . . . I want to jump full feet into this community.” And, as this case showed, shedid just that – she jumped full feet into Louisville – not making any distinction between herpublic life – her life as a morning show anchor – and her personal life – when that was ofbenefit to her.The other person in this Reality Relationship was John Ziegler. He was the host ofThe John Ziegler Show – a talk show on 84 WHAS Radio in Louisville, Monday–Fridayfrom 9:00 a.m.–11:40 a.m., during which Ziegler would engage listeners, callers and guestson his show in talk and opinion about local, regional and national topics of interest. Aslisteners to the show also recognized, Ziegler also talked extensively about his personal life.The goal of his show was to present perspectives in a way that would both entertain andprovoke thought. Every Friday, The John Ziegler Show also included a segment at the veryend called “Ask John Anything” in which Ziegler allowed callers to ask him questions on anysubject, and prizes were given to caller who asked “the best questions you can ask about me,my life, my career, my views on anything you haven’t heard me express an opinion on that’sbeen in the news . . . It’s all pretty much fair game and we give away prizes to the bestquestions, comments or calls that we get during this hour.” Nearly every one of Ziegler’sshows on 84 WHAS also began with his credo – “This is the show where host says what hebelieves and believes what he says.”Within a few days of her heavily-promoted arrival to town – which was the first dayof February sweeps – Ms. Divita was a guest on John Ziegler’s show – not only to promoteher Fox in the Morning show, but to talk about their upcoming date that weekend. As onewould expect, the Relationship was then played out on the radio. Ziegler talked about theirfirst date on his show on the Monday following their date, and then sent Divita an e-mailtelling her that she should be “Thrilled!” Listeners and viewers responded. This RealityRelationship was right in their own town. Their e-mails showed that they wanted to knowmore. Divita enthusiastically promoted this personal relationship because it helped herpublic exposure to Louisville, which she thought would help her show. During her secondfull week in Louisville, she was a guest on the Terry Meiners Show, an afternoon talk showon WHAS. They talked about her show and about her first date with Ziegler. Divita alsoused her own Fox in the Morning show to promote the relationship. She talked about datingZiegler on her show on Valentine’s Day – February 14. The e-mails from listeners andviewers continued to flood in to both Ziegler and Divita, copies of which Divita provided toher news director to be kept in her personnel file at FOX 41.18