Chapter 343, AB 998 – Civil law: libel: damages

California Acts of the 2015 Legislative Session

AB 998, Chapter 343

BILL NUMBER: AB 998 CHAPTERED 09/28/15 CHAPTER 343 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2015 APPROVED BY GOVERNOR SEPTEMBER 28, 2015 PASSED THE SENATE AUGUST 31, 2015 PASSED THE ASSEMBLY SEPTEMBER 1, 2015 AMENDED IN SENATE JUNE 25, 2015 AMENDED IN ASSEMBLY APRIL 13, 2015 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, 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 or weekly news publication, as defined. This bill would also make legislative findings regarding libel.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

It is the intent of the Legislature to ensure that weekly and online publications are afforded the same protection under Section 48a of the Civil Code as is afforded to a daily...