Minnesota Legislature
HF 1873
as introduced - 90th Legislature (2017 - 2018) Posted on 03/02/2017 12:47pm
Current Version - as introduced
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A bill for an act
relating to civil actions; regulating defamation actions; providing for requests for
corrections or clarifications; proposing coding for new law as Minnesota Statutes,
chapter 553A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[553A.01] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Terms. new text end
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For purposes of sections 553A.01 to 553A.10, the terms defined
in subdivisions 2 to 5 have the meanings given them.
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new text begin Subd. 2. new text end
new text begin Defamatory. new text end
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"Defamatory" means tending to harm reputation.
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new text begin Subd. 3. new text end
new text begin Economic loss. new text end
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"Economic loss" means special, pecuniary loss caused by a
false and defamatory publication.
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new text begin Subd. 4. new text end
new text begin Person. new text end
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"Person" means an individual, corporation, business trust, estate, trust,
partnership, association, joint venture, or other legal or commercial entity. The term does
not include a government or governmental subdivision, agency, or instrumentality.
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new text begin Subd. 5. new text end
new text begin Publish. new text end
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"Publish" means to communicate to another person.
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Sec. 2.
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[553A.02] APPLICATION.
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new text begin Subdivision 1. new text end
new text begin Claims for relief; coverage. new text end
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Sections 553A.01 to 553A.10 apply to any
claim for relief, however characterized, for damages arising out of harm to personal reputation
caused by the false content of a publication that is published after August 1, 2017. Sections
553A.01 to 553A.10 do not create or recognize a new claim for relief, expand an existing
claim for relief, or change or abolish an existing defense.
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Sec. 3.
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[553A.03] REQUEST FOR CORRECTION OR CLARIFICATION.
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new text begin Subdivision 1. new text end
new text begin Conditions to maintaining action. new text end
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A person may maintain an action
for defamation only after:
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(1) the person has made a timely and adequate request for correction or clarification
from the defendant; or
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(2) the defendant has made a correction or clarification.
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new text begin Subd. 2. new text end
new text begin Timing. new text end
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A request for correction or clarification is timely if made within the
period of limitation for commencement of an action for defamation. However, a person
who, within 90 days after knowledge of the publication, fails to make a good-faith attempt
to request a correction or clarification may recover only provable economic loss.
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new text begin Subd. 3. new text end
new text begin Adequacy. new text end
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A request for correction or clarification is adequate if it:
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(1) is made in writing and reasonably identifies the person making the request;
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(2) specifies with particularity the statement alleged to be false and defamatory and, to
the extent known, the time and place of publication;
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(3) alleges the defamatory meaning of the statement;
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(4) specifies the circumstances giving rise to any defamatory meaning of the statement
which arises from other than the express language of the publication; and
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(5) states that the alleged defamatory meaning of the statement is false.
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new text begin Subd. 4. new text end
new text begin Service of summons and complaint as adequate request. new text end
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In the absence of
a previous adequate request, service of a summons and complaint stating a claim for relief
for defamation and containing the information required in subdivision 3 constitutes an
adequate request for correction or clarification.
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new text begin Subd. 5. new text end
new text begin Tolling of period of limitation. new text end
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The period of limitation for commencement
of a defamation action is tolled during the period allowed in section 553A.06, subdivision
1, for responding to a request for correction or clarification.
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Sec. 4.
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[553A.04] DISCLOSURE OF EVIDENCE OF FALSITY.
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new text begin Subdivision 1. new text end
new text begin Right to request. new text end
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A person who has been requested to make a correction
or clarification may ask the requester to disclose reasonably available information material
to the falsity of the alleged defamatory statement.
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new text begin Subd. 2. new text end
new text begin Failure to disclose. new text end
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If a correction or clarification is not made, a person who
unreasonably fails to disclose the information after a request to do so may recover only
provable economic loss.
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Sec. 5.
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[553A.05] EFFECT OF CORRECTION OR CLARIFICATION.
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If a timely and sufficient correction or clarification is made, a person may recover only
provable economic loss, as mitigated by the correction or clarification.
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Sec. 6.
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[553A.06] TIMELY AND SUFFICIENT CORRECTION OR
CLARIFICATION.
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new text begin Subdivision 1. new text end
new text begin Determination of timeliness. new text end
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A correction or clarification is timely if it
is published by the later of the following:
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(1) before receipt of a request for correction or clarification; or
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(2) within 25 days after the receipt of the information disclosed pursuant to section
553A.04, subdivision 1, or 45 days after receipt of a request for correction or clarification.
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new text begin Subd. 2. new text end
new text begin Determination of sufficiency. new text end
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A correction or clarification is sufficient if:
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(1) it is published with a prominence and in a manner and medium reasonably likely to
reach substantially the same audience as the publication complained of;
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(2) it refers to the statement being corrected or clarified and:
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(i) corrects or clarifies the statement;
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(ii) in the case of defamatory meaning arising from other than the express language of
the publication, disclaims an intent to communicate that meaning or to assert its truth; or
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(iii) in the case of a statement attributed to another person, identifies the person and
disclaims an intent to assert the truth of the statement; and
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(3) reasonable efforts have been made to communicate it to the person who has made
the request for correction or clarification.
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new text begin Subd. 3. new text end
new text begin Medium. new text end
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For purposes of subdivision 2, clause (1), a correction or clarification
is published in a medium reasonably likely to reach substantially the same audience as the
publication complained of if it is published in a later issue, edition, or broadcast of the
original publication. If a later issue, edition, or broadcast of the original publication will
not be published within the time limits established for a timely correction or clarification,
a correction or clarification is published in a manner and medium reasonably likely to reach
substantially the same audience as the publication complained of if:
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(1) it is timely published in a reasonably prominent manner:
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(i) in another medium likely to reach an audience reasonably equivalent to the original
publication; or
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(ii) if the parties cannot agree on another medium, in the newspaper with the largest
general circulation in the region in which the original publication was distributed;
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(2) reasonable steps are taken to correct undistributed copies of the original publication,
if any; and
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(3) it is published in the next practicable issue, edition, or broadcast, if any, of the original
publication.
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new text begin Subd. 4. new text end
new text begin Agreement of the parties. new text end
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A correction or clarification is timely and sufficient
if the parties agree in writing that is timely and sufficient.
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Sec. 7.
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[553A.07] CHALLENGE TO CORRECTION OR CLARIFICATION OR
REQUEST FOR CORRECTION OR CLARIFICATION.
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new text begin Subdivision 1. new text end
new text begin Required notice. new text end
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If a defendant in an action governed by sections 553A.01
to 553A.10 intends to rely on a timely and sufficient correction or clarification, the
defendant's intention to do so, and the correction or clarification relied upon, must be set
forth in a notice served on the plaintiff within 60 days after service of the summons and
complaint or ten days after the correction or clarification is made, whichever is later. A
correction or clarification is deemed to be timely and sufficient unless the plaintiff challenges
its timeliness or sufficiency within 20 days after the notice is served.
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new text begin Subd. 2. new text end
new text begin Required motion. new text end
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If a defendant in an action governed by sections 553A.01
to 553A.10 intends to challenge the adequacy or timeliness of a request for correction or
clarification, the defendant must set forth the challenge in a motion to declare the request
inadequate or untimely served within 60 days after service of the summons and complaint.
The court shall rule on the motion at the earliest appropriate time before trial.
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Sec. 8.
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[553A.08] OFFER TO CORRECT OR CLARIFY.
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new text begin Subdivision 1. new text end
new text begin Manner and content. new text end
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If a timely correction or clarification is no longer
possible, the publisher of an alleged defamatory statement may offer, at any time before
trial, to make a correction or clarification. The offer must be made in writing to the person
allegedly defamed by the publication, and:
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(1) contain the publisher's offer to:
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(i) publish, at the person's request, a sufficient correction or clarification; and
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(ii) pay the person's reasonable expenses of litigation, including attorney fees, incurred
before publication of the correction or clarification; and
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(2) be accompanied by a copy of the proposed correction or clarification and the plan
for its publication.
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new text begin Subd. 2. new text end
new text begin Acceptance. new text end
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If the person accepts in writing an offer to correct or clarify made
pursuant to subdivision 1:
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(1) the person is barred from commencing an action against the publisher based on the
statement; or
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(2) if an action has been commenced, the court shall dismiss the action against the
defendant with prejudice after the defendant complies with the terms of the offer.
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new text begin Subd. 3. new text end
new text begin Nonacceptance. new text end
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A person who does not accept an offer made in conformance
with subdivision 1 may recover in an action based on the statement only:
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(1) damages for provable economic loss; and
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(2) reasonable expenses of litigation, including attorney fees, incurred before the offer,
unless the person failed to make a good-faith attempt to request a correction or clarification
according to section 553A.03, subdivision 2, or failed to disclose information according to
section 553A.04.
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new text begin Subd. 4. new text end
new text begin Determination of sufficiency. new text end
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On request of either party, a court shall promptly
determine the sufficiency of the offered correction or clarification.
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new text begin Subd. 5. new text end
new text begin Determination of litigation expenses. new text end
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The court shall determine the amount
of reasonable expenses of litigation, including attorney fees, specified in subdivision 1,
clause (1), item (ii), and subdivision 3, clause (2).
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Sec. 9.
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[553A.09] SCOPE OF PROTECTION.
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A timely and sufficient correction or clarification made by a person responsible for a
publication constitutes a correction or clarification made by all persons responsible for that
publication other than a republisher. However, a correction or clarification that is sufficient
only because of the operation of section 553A.06, subdivision 2, clause (2), item (iii), does
not constitute a correction or clarification made by the person to whom the statement is
attributed.
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Sec. 10.
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[553A.10] NONADMISSIBILITY OF CERTAIN EVIDENCE.
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new text begin Subdivision 1. new text end
new text begin Requests. new text end
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The fact of a request for correction or clarification under
sections 553A.01 to 553A.10, the contents of the request, and its acceptance or refusal are
not admissible in evidence at trial.
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new text begin Subd. 2. new text end
new text begin Correction or clarification. new text end
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The fact that a correction or clarification under
sections 553A.01 to 553A.10 was made and the contents of the correction or clarification
are not admissible in evidence at trial except in mitigation of damages pursuant to section
553A.05. If the fact that a correction or clarification was made or the contents of the
correction or clarification are received in evidence, the fact of the request may also be
received.
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new text begin Subd. 3. new text end
new text begin Offer to correct or clarify. new text end
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The fact of an offer of correction or clarification,
or the fact of its refusal, and the contents of the offer are not admissible in evidence at trial.
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Sec. 11.
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[553A.11] SHORT TITLE.
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Sections 553A.01 to 553A.10 may be cited as the "Correction or Clarification of
Defamation Act."
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Sec. 12. new text begin EFFECTIVE DATE.
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Sections 1 to 11 are effective August 1, 2017, and apply to statements published on or
after that date.
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