The new 2257: will sponsors give a shit

[sarettah]

Originally posted by pushpills@Aug 16 2004, 10:59 PM
would be interesting to see, though, the first "extreem young teen" sponsor who gets federal action, if the feds say "yea....but you didn't enforce compliance with this material"

???

There is nothing in the way 2257 is written or has been interpreted that I know of that makes the primary producer responsible for the way a secondary producer or distributor maintains their records for compliance purposes. In fact, as it is written it does not even REQUIRE a primary producer to provide records to a secondary producer. It states

( A producer who is a secondary producer as defined in Sec.
75.1© may satisfy the requirements of this part to create and
maintain records by accepting from the primary producer, as defined in
Sec. 75.1©, copies of the records described in paragraph (a) of this
section. Such a secondary producer shall also keep records of the name
and address of the primary producer from whom he received copies of the
records.

EDITED IN after the fact:

Realized as I walked back upstairs that I think I misinterpreted somewhat what you were saying.

Yes, there might be construed some sort of liability for the way that a program is advertised, much the same way that right now KP ans Beastie are a no nos on most programs listed, perhaps we may see some programs requiring affiliates to at least have their 2257 statements displayed properly. But I do not see any way in the world that the feds can hold a program liable for an affiliate failing to properly have their records in order.