House Bill hb1035
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Florida House of Representatives - 2001 HB 1035
By Representative Allen
1 A bill to be entitled
2 An act relating to civil actions for libel;
3 creating s. 770.011, F.S.; creating the "Media
4 Accuracy and Fairness Act"; providing
5 definitions; providing scope of the act;
6 providing circumstances under which a person
7 may maintain a civil action for defamation;
8 specifying time limit for timely request of a
9 correction or clarification; providing criteria
10 for adequacy of correction or clarification;
11 tolling the period of limitation for
12 commencement of a defamation action; providing
13 procedure with respect to disclosure of
14 evidence or falsity with respect to an alleged
15 defamatory statement; providing requirements
16 for timely and sufficient correction or
17 clarification; providing requirements and
18 procedure with respect to challenges to
19 correction or clarification or to a request for
20 correction or clarification; requiring
21 specified notice; providing requirements and
22 procedure with respect to an offer to correct
23 or clarify prior to trial; specifying
24 recoverable costs and damages in actions when
25 an offer to correct or clarify is not accepted;
26 providing for scope of protection with respect
27 to correction or clarification; providing for
28 admissibility of evidence with respect to
29 corrections or clarifications; providing
30 construction; repealing s. 770.01, F.S.,
31 relating to the serving of specified written
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1 notice as a condition precedent to action or
2 prosecution for libel or slander; repealing s.
3 770.02, F.S., relating to correction, apology,
4 or retraction by a newspaper or broadcast
5 station for statements in an article or
6 broadcast alleged to be false and defamatory;
7 providing severability; providing an effective
8 date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Section 770.011, Florida Statutes, is
13 created to read:
14 770.011 Correction or clarification of defamation.--
15 (1) SHORT TITLE.--This act may be cited as the "Media
16 Accuracy and Fairness Act."
17 (2) DEFINITIONS.--
18 (a) "Defamatory" means tending to harm reputation.
19 (b) "Economic loss" means special, pecuniary loss
20 caused by a false and defamatory publication.
21 (c) "Person" means an individual, corporation,
22 business trust, estate, trust, partnership, association, joint
23 venture, or other legal or commercial entity. The term does
24 not include a government or governmental subdivision, agency,
25 or instrumentality.
26 (3) SCOPE.--
27 (a) This act applies to any claim for relief, however
28 characterized, for damages arising out of harm to personal
29 reputation caused by the false content of a publication that
30 is published on or after the effective date of this act.
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1 (b) This act applies to all publications, including
2 writings, broadcasts, oral communications, electronic
3 transmissions, or other forms of transmitting information.
4 (4) REQUESTS FOR CORRECTION OR CLARIFICATION.--
5 (a) A person may maintain an action for defamation
6 only if:
7 1. The person has made a timely and adequate request
8 for correction or clarification from the defendant; or
9 2. The defendant has made a correction or
10 clarification.
11 (b) A request for correction or clarification is
12 timely if made within the period of limitation for
13 commencement of an action for defamation. However, a person
14 who, within 90 days after knowledge of the publication, fails
15 to make a good-faith attempt to request a correction or
16 clarification may recover only provable economic loss.
17 (c) A request for correction or clarification is
18 adequate if it:
19 1. Is made in writing and reasonably identifies the
20 person making the request;
21 2. Specifies with particularity the statement alleged
22 to be false and defamatory and, to the extent known, the time
23 and place of publication;
24 3. Alleges the defamatory meaning of the statement;
25 4. Specifies the circumstances giving rise to any
26 defamatory meaning of the statement which arises from other
27 than the express language of the publication; and
28 5. States that the alleged defamatory meaning of the
29 statement is false.
30 (d) In the absence of a previous adequate request,
31 service of a summons and complaint stating a claim for relief
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1 for defamation and containing the information required in
2 paragraph (c) constitutes an adequate request for correction
3 or clarification.
4 (e) The period of limitation for commencement of a
5 defamation action is tolled during the period allowed in
6 paragraph (7)(a) for responding to a request for correction or
7 clarification.
8 (5) DISCLOSURE OF EVIDENCE OF FALSITY.--
9 (a) A person who has been requested to make a
10 correction or clarification may ask the requester to disclose
11 reasonably available information material to the falsity of
12 the allegedly defamatory statement.
13 (b) If a correction or clarification is not made, a
14 person who unreasonably fails to disclose the information
15 after a request to do so may recover only provable economic
16 loss.
17 (c) A correction or clarification is timely if
18 published within 25 days after receipt of information
19 disclosed pursuant to paragraph (a) or 45 days after receipt
20 of a request for correction or clarification, whichever is
21 later.
22 (6) EFFECT OF CORRECTION OR CLARIFICATION.--If a
23 timely and sufficient correction or clarification is made, a
24 person may recover only provable economic loss, as mitigated
25 by the correction or clarification.
26 (7) TIMELY AND SUFFICIENT CORRECTION OR
27 CLARIFICATION.--
28 (a) A correction or clarification is timely if it is
29 published before, or within 45 days after, receipt of a
30 request for correction or clarification, unless the period is
31 extended under paragraph (5)(c).
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1 (b) A correction or clarification is sufficient if it
2 is published with a prominence and in a manner and medium
3 reasonably likely to reach substantially the same audience as
4 the publication complained of, refers to the statement being
5 corrected or clarified, and:
6 1. Corrects the statement;
7 2. In the case of defamatory meaning arising from
8 other than the express language of the publication, disclaims
9 an intent to communicate that meaning or to assert its truth;
10 or
11 3. In the case of a statement attributed to another
12 person, identifies the person, and disclaims an intent to
13 assert the truth of the statement; and
14 4. Is communicated to the person who has made a
15 request for correction or clarification.
16 (c) A correction or clarification is published in a
17 medium reasonably likely to reach substantially the same
18 audience as the publication complained of if it is published
19 in a later issue, edition, or broadcast of the original
20 publication.
21 (d) If a later issue, edition, or broadcast of the
22 original publication will not be published within the time
23 limits established for a timely correction or clarification, a
24 correction or clarification is published in a manner and
25 medium reasonably likely to reach substantially the same
26 audience as the publication complained of if:
27 1. It is timely published in a reasonably prominent
28 manner:
29 a. In another medium likely to reach an audience
30 reasonably equivalent to the original publication; or
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1 b. If the parties cannot agree on another medium, in
2 the newspaper with the largest general circulation in the
3 region in which the original publication was distributed;
4 2. Reasonable steps are taken to correct undistributed
5 copies of the original publication, if any; and
6 3. It is published in the next practicable issue,
7 edition, or broadcast, if any, of the original publication or
8 broadcast.
9 (e) A correction or clarification is timely and
10 sufficient if the parties agree in writing that it is timely
11 and sufficient.
12 (8) CHALLENGES TO CORRECTION OR CLARIFICATION OR TO
13 REQUEST FOR CORRECTION OR CLARIFICATION.--
14 (a) If a defendant in an action governed by this act
15 intends to rely on a timely and sufficient correction or
16 clarification, the defendant's intention to do so, and the
17 correction or clarification relied upon, must be set forth in
18 a notice served on the plaintiff within 60 days after service
19 of the summons and complaint or 10 days after the correction
20 or clarification is made, whichever is later. A correction or
21 clarification is deemed to be timely and sufficient unless the
22 plaintiff challenges its timeliness or sufficiency within 20
23 days after the notice is served.
24 (b) If a defendant in an action governed by this act
25 intends to challenge the adequacy or timeliness of a request
26 for correction or clarification, the defendant must set forth
27 the challenge in a motion to declare the request inadequate or
28 untimely served within 60 days after service of the summons
29 and complaint. The court shall rule on the motion at the
30 earliest appropriate time before trial.
31 (9) OFFER TO CORRECT OR CLARIFY.--
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1 (a) If a timely correction or clarification is no
2 longer possible, the publisher of an alleged defamatory
3 statement may offer, at any time before trial, to make a
4 correction or clarification. The offer must be made in writing
5 to the person allegedly defamed by the publication and:
6 1. Contain the publisher's offer to:
7 a. Publish, at the person's request, a sufficient
8 correction or clarification; and
9 b. Pay the person's reasonable expenses of litigation,
10 including attorney's fees, incurred before publication of the
11 correction or clarification; and
12 2. Be accompanied by a copy of the proposed correction
13 and clarification and the plan for its publication.
14 (b) If the person accepts in writing an offer to
15 correct or clarify made pursuant to paragraph (a):
16 1. The person is barred from commencing an action
17 against the publisher based on the statement; or
18 2. If an action has been commenced, the court shall
19 dismiss the action against the defendant with prejudice after
20 the defendant complies with the terms of the offer.
21 (c) A person who does not accept an offer made in
22 conformance with paragraph (a) may recover in an action based
23 on the statement only:
24 1. Damages for provable economic loss; and
25 2. Reasonable expenses of litigation, including
26 attorney's fees, incurred before the offer, unless the person
27 failed to make a good-faith attempt to request a correction or
28 clarification in accordance with paragraph (4)(b) or failed to
29 disclose information in accordance with subsection (5).
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1 (d) On request of either party, a court shall promptly
2 determine the sufficiency of the offered correction or
3 clarification.
4 (e) The court shall determine the amount of reasonable
5 expenses of litigation including attorney's fees specified in
6 sub-subparagraph (a)1.b. and subparagraph (c)2.
7 (10) SCOPE OF PROTECTION.--A timely and sufficient
8 correction or clarification made by a person responsible for a
9 publication constitutes a correction or clarification made by
10 all persons responsible for that publication other than a
11 republisher. However, a correction or clarification that is
12 sufficient only because of the operation of subparagraph
13 (7)(b)3. does not constitute a correction or clarification
14 made by the person to whom the statement is attributed.
15 (11) ADMISSIBILITY OF EVIDENCE OF CORRECTION OR
16 CLARIFICATION.--
17 (a) The fact of a request for correction or
18 clarification under this act, the contents of the request, and
19 its acceptance or refusal are not admissible in evidence at
20 trial.
21 (b) The fact that a correction or clarification under
22 this act was made and the contents of the correction or
23 clarification are not admissible in evidence at trial except
24 in mitigation of damages pursuant to subsection (6). If the
25 fact that a correction or clarification was made or the
26 contents of the correction or clarification are received in
27 evidence, the fact of the request may also be received.
28 (c) The fact of an offer of correction or
29 clarification, or the fact of its refusal, and the contents of
30 the offer are not admissible in evidence at trial.
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1 (12) UNIFORMITY OF APPLICATION AND CONSTRUCTION.--This
2 act shall be applied and construed to effectuate its general
3 purpose to make uniform the law with respect to the subject of
4 this act among states enacting it.
5 Section 2. Sections 770.01 and 770.02, Florida
6 Statutes, are repealed.
7 Section 3. If any provision of this act or the
8 application thereof to any person or circumstance is held
9 invalid, the invalidity shall not affect other provisions or
10 applications of the act which can be given effect without the
11 invalid provision or application, and to this end the
12 provisions of this act are declared severable.
13 Section 4. This act shall take effect upon becoming a
14 law.
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Florida House of Representatives - 2001 HB 1035
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2 HOUSE SUMMARY
3
Creates the "Media Accuracy and Fairness Act." Defines
4 terms for purposes of the act. Provides scope of the act.
Provides circumstances under which a person may maintain
5 a civil action for defamation. Specifies time limit for
timely request of a correction or clarification and
6 provides criteria for the adequacy of a correction or
clarification. Tolls the period of limitation for
7 commencement of a defamation action. Provides procedure
with respect to disclosure of evidence or falsity with
8 respect to an alleged defamatory statement. Provides
requirements for timely and sufficient correction or
9 clarification. Provides requirements and procedure with
respect to challenges to, or a request for, correction or
10 clarification. Requires specified notice. Provides
requirements and procedure with respect to an offer to
11 correct or clarify prior to trial. Specifies recoverable
costs and damages in actions when an offer to correct or
12 clarify is not accepted. Provides for scope of protection
and admissibility of evidence with respect to correction
13 or clarification.
14
Repeals s. 770.01, F.S., relating to the serving of
15 specified written notice as a condition precedent to
action or prosecution for libel or slander, and s.
16 770.02, F.S., relating to correction, apology, or
retraction by a newspaper or broadcast station for
17 statements in an article or broadcast alleged to be false
and defamatory.
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