AB 998, as introduced, Wagner. Civil law: libel: damages.
Under existing law, in any action for damages for the publication of a libel in a newspaper or of a slander by a radio broadcast, the plaintiff is required to recover no more than special damages unless a correction is demanded and the correction is not published or broadcast. If a correction is demanded and the correction is not published or broadcast in a specified manner in the newspaper or on the broadcasting station, existing law authorizes the plaintiff to recover general, special, and exemplary damages provided certain requirements are met.
The bill would expand these provisions to additionally include libel in a magazine or other periodical publication, either in print or electronic form.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 48a of the Civil Code is amended to read:
1. In any action for damages for the publication of a libel
3in a newspaperbegin insert, magazine, or other periodical publication, either
4in print or electronic formend insert, or of a slander by radio broadcast,
5plaintiff shall recover no more than special damages unless a
P2 1correction be demanded and be not published or broadcast, as
2hereinafter provided. Plaintiff shall serve upon the publisher, at
3the place of publication or broadcaster at the place of broadcast,
4a written notice specifying the statements claimed to be libelous
5and demanding that the same be corrected. Said notice and demand
6must be served within 20 days after knowledge of the publication
7or broadcast of the statements claimed to be libelous.
82. If a correction be demanded within said period and be not
9published or broadcast in substantially as conspicuous a manner
10in said newspaperbegin insert, magazine, or other periodical publication,
11either in print or electronic form,end insert or on said broadcasting station
12as were the statements claimed to be libelous, in a regular issue
13thereof published or broadcast within three weeks after such
14service, plaintiff, if he pleads and proves such notice, demand and
15failure to correct, and if his cause of action be maintained, may
16recover general, special and exemplary damages; provided that no
17exemplary damages may be recovered unless the plaintiff shall
18prove that defendant made the publication or broadcast with actual
19malice and then only in the discretion of the court or jury, and
20actual malice shall not be inferred or presumed from the publication
21or broadcast.
223. A correction
published or broadcast in substantially as
23conspicuous a manner in said newspaperbegin insert, magazine, or other
24periodical publication, either in print or electronic form,end insert or on
25said broadcasting station as the statements claimed in the complaint
26to be libelous, prior to receipt of a demand therefor, shall be of the
27same force and effect as though such correction had been published
28or broadcast within three weeks after a demand therefor.
294. As used herein, the terms “general damages,” “special
30damages,” “exemplary damages” and “actual malice,” are defined
31as follows:
32(a) “General damages” are damages for loss of reputation,
33shame, mortification and hurtbegin delete feelings;end deletebegin insert
feelings.end insert
34(b) “Special damages” are all damages which plaintiff alleges
35and proves that he has suffered in respect to his property, business,
36trade, profession or occupation, including such amounts of money
37as the plaintiff alleges and proves he has expended as a result of
38the alleged libel, and nobegin delete other;end deletebegin insert other.end insert
39(c) “Exemplary damages” are damages which may in the
40discretion of the court or jury be recovered in addition to general
P3 1and special damages for the sake of example and by way of
2punishing a defendant who has made the publication or broadcast
3with actualbegin delete malice;end deletebegin insert
malice.end insert
4(d) “Actual malice” is that state of mind arising from hatred or
5ill will toward the plaintiff; provided, however, that such a state
6of mind occasioned by a good faith belief on the part of the
7defendant in the truth of the libelous publication or broadcast at
8the time it is published or broadcast shall not constitute actual
9malice.
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