This article should definitely NOT be taken as legal advice. If you want to protect your show legally, please seek independent advice from someone who actually finished their law degree (I did not).
Does a guest showing up count as podcast consent?
If you’re new to podcasting, you might be wondering how much legal stuff you need to worry about before you press record.
One of the questions I get asked a lot is: “Should I get my guests to sign a release form before I publish their episode?”
And while this kind of paperwork is standard in industries like TV and film, podcasting is still finding its way when it comes to legal formalities.
So, is a signed consent form essential or just nice to have?
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What counts as consent?
Right now, the industry standard is that if someone sits down to record an interview with you, their presence is seen as implied consent.
They know they’re being recorded. They’ve agreed to the chat. And that, for most podcasts, is enough.
I’ve overseen the production of thousands of podcast episodes in my career and we’ve never signed a single release form for any guest.
Except, when we were creating a branded podcast that involved child actors because there are much stricter laws around working with children and we had stakeholders who wanted clear documentation.
Should you ask your guest to sign a form, just in case?
If you’re particularly risk-averse or want to be extra cautious, there’s nothing stopping you from asking your guests to sign a release form.
You can also record a verbal agreement at the top of each interview by saying something like:
“Just confirming before we start recording you’re happy to be interviewed for the podcast and understand this will be recorded, edited and published across all my platforms.”
This can be a simple way to capture consent without the hassle of paperwork.
What if a guest changes their mind?
If someone reaches out after your episode has gone live and asks you to remove their episode, I’d highly recommend removing it.
Even if you technically have the right to keep it up, it’s usually not worth the stress, potential fallout, or bad PR.
And if you’re respectful, clear about what’s involved in coming on your show and you’re focused on making sure your guests have a great time and sound good, chances are this won’t be an issue anyway.
What about video podcasting?
If you’re capturing video and publishing on YouTube or other platforms, the lines may be slightly blurrier but as long as you’re clear with your guest it should be ok.
If you are focusing on visual content it might be a good idea to have something formal prepared.
Alternatively, you could provide a detailed description of what will be captured and how you intend to use the footage before the record, so your guest can reply via email and you know they understand and are ok.
You can also get their consent on tape, as suggested above, when they’re behind the mic.
The bottom line?
At least right now, you don’t need a guest to sign a release form when they come on your podcast.
That might change but if it helps you feel more secure, there’s no harm in preparing one for your show (just make sure you get someone qualified to do it).
The main thing, even if you don’t have the paperwork, is to make sure your intentions are clear, your communication is open, and you’re respectful of your guest and their experience throughout the process.
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