Amended in Senate June 25, 2015

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 revise these provisions relating to libel to provide that the publication of a libel be in a daily begin insert or weekly end insert news publication, as defined. This bill would also make legislative findings regarding libel.

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

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

SECTION 1.  

It is the intent of the Legislature to ensure that
begin insert weekly and end insert online publications are afforded the same protection
under Section 48a of the Civil Code as is afforded to a begin delete printed end delete
begin insert daily end insert newspaper to the extent that the begin delete online publication performs end delete
begin insert weekly and online publications perform end insert the same
news-disseminating function as a begin delete printed end delete begin insert daily end insert newspaper. The
Legislature finds and declares that the rulings in Burnett v. National
Enquirer, Inc. (1983) 144 Cal.App.3d 991 and Condit v. National
Enquirer, Inc. (2002) 248 F.Supp.2d 945 begin delete correctly state that the
purpose end delete begin insert do not fully recognize that the policy end insert of Section 48a of
the Civil Code begin delete is end delete to protect enterprises engaged in the immediate
dissemination of news on matters of public concern, insofar as
time begin delete does end delete begin insert constraints do end insert not reasonably permit such enterprises
to check sources for accuracy and stories for inadvertent begin delete errors. end delete
begin insert errors, should extend to online publications and weekly
newspapers, which publish breaking news on deadlines
indistinguishable from daily newspapers. end insert It is not the intent of the
Legislature that Section 48a of the Civil Code should apply to
periodicals that publish at begin delete weekly or end delete longer begin insert than weekly end insert 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.

SEC. 2.  

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 daily begin insert or weekly end insert news publication, 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 daily begin insert or weekly end insert news publication, 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 daily begin insert or weekly end insert news publication,
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.

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