Minnesota Legislature
HF 217
as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:16pm
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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.
[553A.01] DEFINITIONS.
Subdivision 1.
Terms.
For purposes of sections 553A.01 to 553A.10, the terms
defined in subdivisions 2 to 5 have the meanings given them.
Subd. 2.
Defamatory.
"Defamatory" means tending to harm reputation.
Subd. 3.
Economic loss.
"Economic loss" means special, pecuniary loss caused by
a false and defamatory publication.
Subd. 4.
Person.
"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.
Subd. 5.
Publish.
"Publish" means to communicate to another person.
Sec. 2.
[553A.02] APPLICATION.
Subdivision 1.
Claims for relief; coverage.
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 the effective
date of sections 553A.01 to 553A.10. Sections 553A.01 to 553A.10 do not create or
recognize any new claim for relief, expand any existing claim for relief, or change or
abolish any existing defense.
Sec. 3.
[553A.03] REQUEST FOR CORRECTION OR CLARIFICATION.
Subdivision 1.
Conditions to maintaining action.
A person may maintain an
action for defamation only after:
(1) the person has made a timely and adequate request for correction or clarification
from the defendant; or
(2) the defendant has made a correction or clarification.
Subd. 2.
Timing.
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.
Subd. 3.
Adequacy.
A request for correction or clarification is adequate if it:
(1) is made in writing and reasonably identifies the person making the request;
(2) specifies with particularity the statement alleged to be false and defamatory and,
to the extent known, the time and place of publication;
(3) alleges the defamatory meaning of the statement;
(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
(5) states that the alleged defamatory meaning of the statement is false.
Subd. 4.
Service of summons and complaint as adequate request.
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.
Subd. 5.
Tolling of period of limitation.
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.
Sec. 4.
[553A.04] DISCLOSURE OF EVIDENCE OF FALSITY.
Subdivision 1.
Right to request.
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.
Subd. 2.
Failure to disclose.
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.
Sec. 5.
[553A.05] EFFECT OF CORRECTION OR CLARIFICATION.
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.
Sec. 6.
[553A.06] TIMELY AND SUFFICIENT CORRECTION OR
CLARIFICATION.
Subdivision 1.
Determination of timeliness.
A correction or clarification is timely
if it is published by the later of the following:
(1) before receipt of a request for correction or clarification; or
(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.
Subd. 2.
Determination of sufficiency.
A correction or clarification is sufficient if:
(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;
(2) it refers to the statement being corrected or clarified and:
(i) corrects or clarifies the statement;
(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
(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
(3) reasonable efforts have been made to communicate it to the person who has made
the request for correction or clarification.
Subd. 3.
Medium.
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:
(1) it is timely published in a reasonably prominent manner:
(i) in another medium likely to reach an audience reasonably equivalent to the
original publication; or
(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;
(2) reasonable steps are taken to correct undistributed copies of the original
publication, if any; and
(3) it is published in the next practicable issue, edition, or broadcast, if any, of
the original publication.
Subd. 4.
Agreement of the parties.
A correction or clarification is timely and
sufficient if the parties agree in writing that is timely and sufficient.
Sec. 7.
[553A.07] CHALLENGE TO CORRECTION OR CLARIFICATION OR
REQUEST FOR CORRECTION OR CLARIFICATION.
Subdivision 1.
Required notice.
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.
Subd. 2.
Required motion.
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.
Sec. 8.
[553A.08] OFFER TO CORRECT OR CLARIFY.
Subdivision 1.
Manner and content.
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:
(1) contain the publisher's offer to:
(i) publish, at the person's request, a sufficient correction or clarification; and
(ii) pay the person's reasonable expenses of litigation, including attorney fees,
incurred before publication of the correction or clarification; and
(2) be accompanied by a copy of the proposed correction or clarification and the
plan for its publication.
Subd. 2.
Acceptance.
If the person accepts in writing an offer to correct or clarify
made pursuant to subdivision 1:
(1) the person is barred from commencing an action against the publisher based
on the statement; or
(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.
Subd. 3.
Nonacceptance.
A person who does not accept an offer made in
conformance with subdivision 1 may recover in an action based on the statement only:
(1) damages for provable economic loss; and
(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.
Subd. 4.
Determination of sufficiency.
On request of either party, a court shall
promptly determine the sufficiency of the offered correction or clarification.
Subd. 5.
Determination of litigation expenses.
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).
Sec. 9.
[553A.09] SCOPE OF PROTECTION.
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.
Sec. 10.
[553A.10] NONADMISSIBILITY OF CERTAIN EVIDENCE.
Subdivision 1.
Requests.
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.
Subd. 2.
Correction or clarification.
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.
Subd. 3.
Offer to correct or clarify.
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.
Sec. 11.
[553A.11] SHORT TITLE.
Sections 553A.01 to 553A.10 may be cited as the "Correction or Clarification of
Defamation Act."
Sec. 12. EFFECTIVE DATE.
Sections 1 to 11 are effective August 1, 2013, and apply to statements published
on or after that date.