BILL NUMBER: AB 998	INTRODUCED
	BILL TEXT


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 introduced, 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 expand these provisions to additionally include
libel in a magazine or other periodical publication, either in print
or electronic form.
   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.  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 newspaper  , magazine, or other periodical publication,
either in print or electronic form  , 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 newspaper  , magazine, or other periodical publication,
either in print or electronic form,  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 newspaper  , magazine, or other
periodical publication, either in print or electronic form,  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;   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;   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;   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.