If a radio station makes falsifiable statements regarding its playlist (such as representations that the songs were ‘best-selling’), then the potential harm in payola (paying the station to play a song) is apparent.  If a radio station makes vague statements regarding its playlist (‘today’s sounds’), then payola may be culturally undesirable, but the actionable harm not as apparent.

Discuss.

Background:  NPR podcast entitled “What’s Wrong With Payola?”  Also,  NY AG statement on last week’s payola settlement