THEATRE CLAIM FAILS

New Zealand Herald, Volume LXXV, Issue 22961, 12 February 1938, Page 13

THEATRE CLAIM FAILS

BROADCAST OF RECORD MISS COMPTON ON RADIO LEGAL ACTION IN LONDON LONDON, F.ih. 11 The British Broadcasting Corporation gained the verdict in a case in which Oolders Green Hippodrome, Limited, sought damages for alleged "injurious falsehood."

Counsel said that while Miss Fay Compton was appearing at. the Hippodrome the British Broadcasting Corporation advertised her as participating in two performances of a radio play. This resulted in the Hippodrome' 6 receipts falling from £2363 in the first week to £1740 in tho second.

Actually, counsel continued, the British Broadcasting Corporation was merely reproducing a gramophone record, but it was broadcast in a manner suggesting that Miss Compton was in the studio.

The assistant director of programmes at the Broadcasting Corporation gave evidence that he forgot to announce that Miss Compton was taking part "either in person or by record." When the mistake was pointed out, announcements were made clearly, indicating that Miss Coinpton's voice was recorded.

The incident to which the cablegram refers occurred last February, according to Mr. Peter Dearing, producer for Miss Compton, who is at present appearing "Victoria Regina'! at His Majesty's Theatre. Mr. Dearing said last night that Miss Comptpn was at the time playing in a final fortnight's performance of "Call It a Day" at the Hippodrome, Golders Green, after the play had been given for 510 performances at the Globe Thostve. The radio pfcy was entitled "Stargazing" and lasted for about 20 minutes. Miss Compton's voice was heard in several of her songs, and she also spoke. "I listened to one of the performances with Miss Compton between r*r»Bentrances8 entrances in 'Oil It a Day'," ' •earing acTded. "She thought it was amusing And rather uncanny. It was certainly realistic, so much so that many people rang up the Hippodrome +o ask whether she y as appearing there or not."