| HB 1252 - Libel; retraction; publication provisions |
First Reader Summary
A BILL to amend Chapter 5 of Title 51 of the Official Code of
Georgia Annotated, relating to libel and slander, so as to
provide that a defendant in a civil action for libel alleging as
a defense that it published a retraction must allege that such
retraction was published on the same page and with a similar
caption as that of the story or article containing the erroneous
statement alleged to be libelous; and for other purposes.
| House |
Action |
Senate |
| 1/26/00 |
Read 1st Time |
|
| 1/27/00 |
Read 2nd Time |
|
| 3/6/00 |
Favorably Reported |
|
| Sub |
Committee Amend/Sub |
|
HB 1252 LC 11 0063S
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 5 of Title 51 of the Official Code of
1- 2 Georgia Annotated, relating to libel and slander, so as to
1- 3 change the provisions relating to retractions and
1- 4 corrections as defenses to punitive damages; to repeal
1- 5 conflicting laws; and for other purposes.
1- 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1- 7 SECTION 1.
1- 8 Chapter 5 of Title 51 of the Official Code of Georgia
1- 9 Annotated, relating to libel and slander, is amended by
1-10 striking in its entirety Code Section 51-5-11, relating to
1-11 retractions of alleged libelous statements in publications,
1-12 and inserting in lieu thereof the following:
1-13 "51-5-11.
1-14 (a) In any civil action for libel which charges the
1-15 publication of an erroneous statement alleged to be
1-16 libelous, it shall be relevant and competent evidence for
1-17 either party to prove that the plaintiff requested
1-18 retraction in writing at least seven days prior to the
1-19 filing of the action or omitted to request retraction in
1-20 this manner.
1-21 (b) In any such civil action for libel which charges the
1-22 publication of an erroneous statement alleged to be
1-23 libelous, the defendant may allege and give proof of the
1-24 following matters, as applicable:
1-25 (1)(A) That the matter alleged to have been published
1-26 and to be libelous was published without malice;
1-27 (B) That the defendant, in a regular issue of the
1-28 newspaper or other publication in question, within
1-29 seven days after receiving written demand, or in the
1-30 next regular issue of the newspaper or other
1-31 publication following receipt of the demand if the
1-32 next regular issue was not published within seven days
1-33 after receiving the demand, corrected and retracted
-1-
2- 1 corrected or retracted the allegedly libelous
2- 2 statement in as conspicuous and public a manner as
2- 3 that in which the alleged libelous statement was
2- 4 published. At a minimum, such correction or retraction
2- 5 for the print medium shall be published on the same
2- 6 page, if practicable, as the page on which the
2- 7 beginning of the story or article in which the
2- 8 allegedly libelous statement was published and shall
2- 9 bear a caption or headline making specific reference
2-10 to the rectification in at least the same size wording
2-11 as that of the caption or headline attached to the
2-12 story or article containing the allegedly libelous
2-13 statement. Such correction or retraction shall appear
2-14 in substantially the same position in the newspaper or
2-15 other publication. At a minimum, the correction or
2-16 retraction shall make specific reference to the
2-17 rectification in the same conspicuous, prominent, and
2-18 public form with, as nearly as possible, the same
2-19 circulation in which the allegedly libelous statement
2-20 was published; and
2-21 (C) That, if upon the request of the plaintiff, so
2-22 requested, the retraction and correction were if the
2-23 newspaper or other publication contains an editorial
2-24 page or editorial section, such correction or
2-25 retraction shall be accompanied, in the same issue, by
2-26 an editorial in which the allegedly libelous statement
2-27 was specifically repudiated; or
2-28 (2) That no request for correction and retraction
2-29 correction or retraction was made in writing by the
2-30 plaintiff.
2-31 (c) Upon proof of the facts specified in paragraph (1) or
2-32 (2) of subsection (b) of this Code section, the plaintiff
2-33 shall not be entitled to any punitive damages and the
2-34 defendant shall be liable only to pay actual damages. The
2-35 defendant may plead the publication of the correction,
2-36 retraction, or explanation, including the editorial, if
2-37 demanded, in mitigation of damages."
2-38 SECTION 2.
2-39 Said chapter is further amended by striking in its entirety
2-40 Code Section 51-5-12, relating to retractions of alleged
2-41 defamatory statements in visual or sound broadcasts, and
2-42 inserting in its place the following:
-2-
3- 1 "51-5-12.
3- 2 (a) In any civil action for a defamatory statement which
3- 3 charges the visual or sound broadcast of an erroneous
3- 4 statement alleged to be defamatory, it shall be relevant
3- 5 and competent evidence for either party to prove that the
3- 6 plaintiff requested retraction or omitted to request
3- 7 retraction.
3- 8 (b) In any such civil action for defamation which charges
3- 9 the broadcast of an erroneous statement in a visual or
3-10 sound broadcast alleged to be defamatory, the defendant
3-11 may allege and give proof of the following matters, as
3-12 applicable:
3-13 (1)(A) That the matter alleged to have been broadcast
3-14 and to be false and defamatory was published without
3-15 malice;
3-16 (B) That the defendant, in a regular broadcast of the
3-17 station over which the broadcast in question was made,
3-18 within three seven days after receiving written
3-19 demand, corrected and or retracted the allegedly false
3-20 and defamatory statement in as conspicuous and public
3-21 a manner as that in which the alleged false and
3-22 defamatory statement was broadcast. At a minimum,
3-23 such correction or retraction for the visual or sound
3-24 medium shall be made on the same day of the week and
3-25 at approximately the same time of day, if practicable,
3-26 and if broadcast on more than one occasion, said
3-27 correction or retraction shall be broadcast by the
3-28 defendant on the same day of the week and at
3-29 approximately the same time of day, if practicable, as
3-30 many times as the defendant broadcast the allegedly
3-31 false and defamatory statement. At a minimum, the
3-32 correction or retraction shall make specific reference
3-33 to the rectification in the same conspicuous,
3-34 prominent, and public form and with as nearly as
3-35 possible the same audience, in which the allegedly
3-36 false and defamatory statement was broadcast; and
3-37 (C) That, if the plaintiff so requested, the
3-38 retraction and correction were upon request of
3-39 plaintiff, if the defendant broadcasts editorials,
3-40 such retraction or correction shall be accompanied, on
3-41 the same day, by an editorial in which the allegedly
3-42 false and defamatory statement was is specifically
3-43 repudiated; or
-3-
4- 1 (2) That no request for correction and or retraction was
4- 2 made in writing by the plaintiff.
4- 3 (c) Upon proof of the facts specified in paragraph (1) or
4- 4 (2) of subsection (b) of this Code section, the plaintiff
4- 5 shall not be entitled to any punitive damages and the
4- 6 defendant shall be liable only to pay actual damages. The
4- 7 defendant may plead the broadcast of the correction,
4- 8 retraction, or explanation, including the editorial, if
4- 9 demanded, in mitigation of damages."
4-10 SECTION 3.
4-11 All laws and parts of laws in conflict with this Act are
4-12 repealed.
-4-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/07/00
