DAMAGE BY MICROPHONE

Evening Post, Volume 137, Issue CXI, 10 June 1926, Page 14

DAMAGE BY MICROPHONE

A NOVEL ACTION.

' Bather a novel action was brought against the British Broadcasting Company by Messrs. Williams and Norgate, .publishers of "The White Chateau," reports "The Post's" London correspondent. This play, written by the New Zealander, Captain Reginald Berkeley, was broadcast from London on' Armistice night. The case was heard in the King's Bench Division. With a view to increasing public interest in this event, the parties arranged a competition in which listeners were invited to send to the defendants, after tho broadcast performance on llth November, essays expressive of the impressions created on the listeners by the play. So that listeners might qualify themselves for that competition it was arranged that ."The White Chateau" should be published, in book form by the plaintiffs, and that copies of the book should be obtainable through the ordinary sources of supply and from the plaintiffs themselves. Unfortunately at that time serious labour troubles existed in certain branches ( of the printing and bookbinding trades. Counsel for- the plaintiffs explained that the defendants,-in one of their announcements on 4th November, stated that, owing to labour troubles, copies of the book of "The White Chateau" were not obtainable from the plaintiffs. That statement was the foundation of the present.action.- Admittedly, it was wholly incorrect. The plaintiffs themselves always were able to supply copies of. the book, and tho statement complained of, made a few days before llth November, caused the plaintiffs actual loss in relation to the sale of the book, and, in their opinion, damage in their business relations. After the defendants' atttention was drawn to the injury likely to be caused to plaintiffs they very properly and fairly, on three occasions, broadcast an announcement which indicated that the play had been published as a' book, and that essays in the competition should be sent direct to the plaintiffs. The defendants would express apology that the inaccurate statement should have been broadcast and would pay to' the plaintiffs an agreed sum in respect of damages and costs. ' Mr. Birkett, on behalf of the defendants, said he concurred in, the statement made by Mr. Bevan, and expressed publicly the defendants' apologies and r.egrets for their inaccurate statement. His lordship said that he was glad that so novel an action had been settled in so friendly a way.