Amended in Assembly April 13, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 998

Introduced by Assembly Member Wagner

February 26, 2015

An act to amend Section 48a of the Civil Code, relating to libel.

LEGISLATIVE COUNSEL’S DIGEST

AB 998, as amended, 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 begin delete expand these provisions to additionally include libel in a magazine or other periodical publication, either in print or electronic form end delete begin insert revise these provisions relating to libel to provide that the publication of a libel be in a daily news publication, as defined. This bill would also make legislative findings regarding libel end insert .

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of the Legislature to ensure that
online publications are afforded the same protection under Section
48a of the Civil Code as is afforded to a printed newspaper to the
extent that the online publication performs the same
news-disseminating function as a printed newspaper. The
Legislature finds and declares that the rulings in Burnett v.
National Enquirer, Inc. (1983) 144 Cal. end insert begin insert App. end insert begin insert 3d 991 and Condit v.
National Enquirer, Inc. (2002) 248 F. end insert begin insert Supp. end insert begin insert 2d 945 correctly state
that the purpose of Section 48a of the Civil Code is to protect
enterprises engaged in the immediate dissemination of news on
matters of public concern, insofar as time does not reasonably
permit such enterprises to check sources for accuracy and stories
for inadvertent errors. It is not the intent of the Legislature that
Section 48a of the Civil Code should apply to periodicals that
publish at weekly or longer intervals, nor is it the intent of the
Legislature that Section 48a of the Civil Code should apply to
casual postings on a social networking Internet Web site, chat
room, electronic bulletin board, discussion group, online forum,
or other related Internet Web site. end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 48a of the Civil Code is amended to read:

48a.  

1. In any action for damages for the publication of a libel
in a begin delete newspaper, magazine, or other periodical publication, either
in print or electronic form, end delete begin insert daily news publication, end insert or of a slander
by radio broadcast, plaintiff shall recover no more than special
damages unless a correction be demanded and be not published
or broadcast, as hereinafter provided. Plaintiff shall serve upon
the publisher, at the place of publication or broadcaster at the place
of broadcast, a written notice specifying the statements claimed
to be libelous and demanding that the same be corrected. Said
notice and demand must be served within 20 days after knowledge
of the publication or broadcast of the statements claimed to be
libelous.

2. If a correction be demanded within said period and be not
published or broadcast in substantially as conspicuous a manner
in said begin delete newspaper, magazine, or other periodical publication, either
in print or electronic form, end delete begin insert daily news publication, end insert or on said
broadcasting station as were the statements claimed to be libelous,
in a regular issue thereof published or broadcast within three weeks
after such service, plaintiff, if he pleads and proves such notice,
demand and failure to correct, and if his cause of action be
maintained, may recover general, special and exemplary damages;
provided that no exemplary damages may be recovered unless the
plaintiff shall prove that defendant made the publication or
broadcast with actual malice and then only in the discretion of the
court or jury, and actual malice shall not be inferred or presumed
from the publication or broadcast.

3. A correction published or broadcast in substantially as
conspicuous a manner in said begin delete newspaper, magazine, or other
periodical publication, either in print or electronic form, end delete begin insert daily news
publication, end insert or on said broadcasting station as the statements
claimed in the complaint to be libelous, prior to receipt of a demand
therefor, shall be of the same force and effect as though such
correction had been published or broadcast within three weeks
after a demand therefor.

4. As used herein, the terms “general damages,” “special
damages,” “exemplary damages” and “actual malice,” are defined
as follows:

(a) “General damages” are damages for loss of reputation,
shame, mortification and hurt feelings.

(b) “Special damages” are all damages which plaintiff alleges
and proves that he has suffered in respect to his property, business,
trade, profession or occupation, including such amounts of money
as the plaintiff alleges and proves he has expended as a result of
the alleged libel, and no other.

(c) “Exemplary damages” are damages which may in the
discretion of the court or jury be recovered in addition to general
and special damages for the sake of example and by way of
punishing a defendant who has made the publication or broadcast
with actual malice.

(d) “Actual malice” is that state of mind arising from hatred or
ill will toward the plaintiff; provided, however, that such a state
of mind occasioned by a good faith belief on the part of the
defendant in the truth of the libelous publication or broadcast at
the time it is published or broadcast shall not constitute actual
malice.

begin insert

5. For purposes of this section, a “daily news publication”
means a publication, either in print or electronic form, that
contains news on matters of public concern and that publishes at
least five days a week.

end insert