SF 86

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; regulating defamation 
  1.3             actions; providing for requests for corrections or 
  1.4             clarifications; proposing coding for new law as 
  1.5             Minnesota Statutes, chapter 553A.  
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [553A.01] [DEFINITIONS.] 
  1.8      As used in sections 553A.01 to 553A.10:  
  1.9      (1) "defamatory" means tending to harm reputation; 
  1.10     (2) "economic loss" means special, pecuniary loss caused by 
  1.11  a false and defamatory publication; 
  1.12     (3) "person" means an individual, corporation, business 
  1.13  trust, estate, trust, partnership, association, joint venture, 
  1.14  or other legal or commercial entity.  The term does not include 
  1.15  a government or governmental subdivision, agency, or 
  1.16  instrumentality; and 
  1.17     (4) "publish" means to communicate to another person. 
  1.18     Sec. 2.  [553A.02] [SCOPE.] 
  1.19     (a) Sections 553A.01 to 553A.10 apply to any claim for 
  1.20  relief, however characterized, for damages arising out of harm 
  1.21  to personal reputation caused by the false content of a 
  1.22  publication that is published after the effective date of 
  1.23  sections 553A.01 to 553A.10.  Sections 553A.01 to 553A.10 do not 
  1.24  create or recognize any new claim for relief, expand any 
  1.25  existing claim for relief, or change or abolish any existing 
  2.1   defense.  
  2.2      (b) Sections 553A.01 to 553A.10 apply to all publications, 
  2.3   including writings, broadcasts, oral communications, electronic 
  2.4   transmissions, or other forms of transmitting information. 
  2.5      Sec. 3.  [553A.03] [REQUEST FOR CORRECTION OR 
  2.6   CLARIFICATION.] 
  2.7      (a) A person may maintain an action for defamation only 
  2.8   after: 
  2.9      (1) the person has made a timely and adequate request for 
  2.10  correction or clarification from the defendant; or 
  2.11     (2) the defendant has made a correction or clarification.  
  2.12     (b) A request for correction or clarification is timely if 
  2.13  made within the period of limitation for commencement of an 
  2.14  action for defamation.  However, a person who, within 90 days 
  2.15  after knowledge of the publication, fails to make a good-faith 
  2.16  attempt to request a correction or clarification may recover 
  2.17  only provable economic loss. 
  2.18     (c) A request for correction or clarification is adequate 
  2.19  if it:  
  2.20     (1) is made in writing and reasonably identifies the person 
  2.21  making the request; 
  2.22     (2) specifies with particularity the statement alleged to 
  2.23  be false and defamatory and, to the extent known, the time and 
  2.24  place of publication; 
  2.25     (3) alleges the defamatory meaning of the statement; 
  2.26     (4) specifies the circumstances giving rise to any 
  2.27  defamatory meaning of the statement which arises from other than 
  2.28  the express language of the publication; and 
  2.29     (5) states that the alleged defamatory meaning of the 
  2.30  statement is false. 
  2.31     (d) In the absence of a previous adequate request, service 
  2.32  of a summons and complaint stating a claim for relief for 
  2.33  defamation and containing the information required in paragraph 
  2.34  (c) constitutes an adequate request for correction or 
  2.35  clarification.  
  2.36     (e) The period of limitation for commencement of a 
  3.1   defamation action is tolled during the period allowed in section 
  3.2   553A.06, paragraph (a), for responding to a request for 
  3.3   correction or clarification. 
  3.4      Sec. 4.  [553A.04] [DISCLOSURE OF EVIDENCE OF FALSITY.] 
  3.5      (a) A person who has been requested to make a correction or 
  3.6   clarification may ask the requester to disclose reasonably 
  3.7   available information material to the falsity of the alleged 
  3.8   defamatory statement. 
  3.9      (b) If a correction or clarification is not made, a person 
  3.10  who unreasonably fails to disclose the information after a 
  3.11  request to do so may recover only provable economic loss.  
  3.12     (c) A correction or clarification is timely if published 
  3.13  within 25 days after receipt of information disclosed pursuant 
  3.14  to paragraph (a) or 45 days after receipt of a request for 
  3.15  correction or clarification, whichever is later.  
  3.16     Sec. 5.  [553A.05] [EFFECT OF CORRECTION OR CLARIFICATION.] 
  3.17     If a timely and sufficient correction or clarification is 
  3.18  made, a person may recover only provable economic loss, as 
  3.19  mitigated by the correction or clarification. 
  3.20     Sec. 6.  [553A.06] [TIMELY AND SUFFICIENT CORRECTION OR 
  3.21  CLARIFICATION.] 
  3.22     (a) A correction or clarification is timely if it is 
  3.23  published before, or within 45 days after, receipt of a request 
  3.24  for correction or clarification, unless the period is extended 
  3.25  under section 553A.04, paragraph (c).  
  3.26     (b) A correction or clarification is sufficient if:  
  3.27     (1) it is published with a prominence and in a manner and 
  3.28  medium reasonably likely to reach substantially the same 
  3.29  audience as the publication complained of; 
  3.30     (2) it refers to the statement being corrected or clarified 
  3.31  and:  
  3.32     (i) corrects or clarifies the statement; 
  3.33     (ii) in the case of defamatory meaning arising from other 
  3.34  than the express language of the publication, disclaims an 
  3.35  intent to communicate that meaning or to assert its truth; or 
  3.36     (iii) in the case of a statement attributed to another 
  4.1   person, identifies the person and disclaims an intent to assert 
  4.2   the truth of the statement; and 
  4.3      (3) reasonable efforts have been made to communicate it to 
  4.4   the person who has made the request for correction or 
  4.5   clarification.  
  4.6      (c) A correction or clarification is published in a medium 
  4.7   reasonably likely to reach substantially the same audience as 
  4.8   the publication complained of if it is published in a later 
  4.9   issue, edition, or broadcast of the original publication.  
  4.10     (d) If a later issue, edition, or broadcast of the original 
  4.11  publication will not be published within the time limits 
  4.12  established for a timely correction or clarification, a 
  4.13  correction or clarification is published in a manner and medium 
  4.14  reasonably likely to reach substantially the same audience as 
  4.15  the publication complained of if:  
  4.16     (1) it is timely published in a reasonably prominent manner:
  4.17     (i) in another medium likely to reach an audience 
  4.18  reasonably equivalent to the original publication; or 
  4.19     (ii) if the parties cannot agree on another medium, in the 
  4.20  newspaper with the largest general circulation in the region in 
  4.21  which the original publication was distributed; 
  4.22     (2) reasonable steps are taken to correct undistributed 
  4.23  copies of the original publication, if any; and 
  4.24     (3) it is published in the next practicable issue, edition, 
  4.25  or broadcast, if any, of the original publication.  
  4.26     (e) A correction or clarification is timely and sufficient 
  4.27  if the parties agree in writing that is timely and sufficient. 
  4.28     Sec. 7.  [553A.07] [CHALLENGE TO CORRECTION OR 
  4.29  CLARIFICATION OR REQUEST FOR CORRECTION OR CLARIFICATION.] 
  4.30     (a) If a defendant in an action governed by sections 
  4.31  553A.01 to 553A.10 intends to rely on a timely and sufficient 
  4.32  correction or clarification, the defendant's intention to do so, 
  4.33  and the correction or clarification relied upon, must be set 
  4.34  forth in a notice served on the plaintiff within 60 days after 
  4.35  service of the summons and complaint or ten days after the 
  4.36  correction or clarification is made, whichever is later.  A 
  5.1   correction or clarification is deemed to be timely and 
  5.2   sufficient unless the plaintiff challenges its timeliness or 
  5.3   sufficiency within 20 days after the notice is served.  
  5.4      (b) If a defendant in an action governed by sections 
  5.5   553A.01 to 553A.10 intends to challenge the adequacy or 
  5.6   timeliness of a request for correction or clarification, the 
  5.7   defendant must set forth the challenge in a motion to declare 
  5.8   the request inadequate or untimely served within 60 days after 
  5.9   service of the summons and complaint.  The court shall rule on 
  5.10  the motion at the earliest appropriate time before trial. 
  5.11     Sec. 8.  [553A.08] [OFFER TO CORRECT OR CLARIFY.] 
  5.12     (a) If a timely correction or clarification is no longer 
  5.13  possible, the publisher of an alleged defamatory statement may 
  5.14  offer, at any time before trial, to make a correction or 
  5.15  clarification.  The offer must be made in writing to the person 
  5.16  allegedly defamed by the publication, and:  
  5.17     (1) contain the publisher's offer to:  
  5.18     (i) publish, at the person's request, a sufficient 
  5.19  correction or clarification; and 
  5.20     (ii) pay the person's reasonable expenses of litigation, 
  5.21  including attorney's fees, incurred before publication of the 
  5.22  correction or clarification; and 
  5.23     (2) be accompanied by a copy of the proposed correction or 
  5.24  clarification and the plan for its publication.  
  5.25     (b) If the person accepts in writing an offer to correct or 
  5.26  clarify made pursuant to paragraph (a):  
  5.27     (1) the person is barred from commencing an action against 
  5.28  the publisher based on the statement; or 
  5.29     (2) if an action has been commenced, the court shall 
  5.30  dismiss the action against the defendant with prejudice after 
  5.31  the defendant complies with the terms of the offer.  
  5.32     (c) A person who does not accept an offer made in 
  5.33  conformance with paragraph (a) may recover in an action based on 
  5.34  the statement only:  
  5.35     (1) damages for provable economic loss; and 
  5.36     (2) reasonable expenses of litigation, including attorney's 
  6.1   fees, incurred before the offer, unless the person failed to 
  6.2   make a good-faith attempt to request a correction or 
  6.3   clarification according to section 553A.03, paragraph (b), or 
  6.4   failed to disclose information according to section 553A.04.  
  6.5      (d) On request of either party, a court shall promptly 
  6.6   determine the sufficiency of the offered correction or 
  6.7   clarification.  
  6.8      (e) The court shall determine the amount of reasonable 
  6.9   expenses of litigation, including attorney's fees, specified in 
  6.10  paragraphs (a), clause (1)(ii) and (c), clause (2).  
  6.11     Sec. 9.  [553A.09] [SCOPE OF PROTECTION.] 
  6.12     A timely and sufficient correction or clarification made by 
  6.13  a person responsible for a publication constitutes a correction 
  6.14  or clarification made by all persons responsible for that 
  6.15  publication other than a republisher.  However, a correction or 
  6.16  clarification that is sufficient only because of the operation 
  6.17  of section 553A.06, paragraph (b), clause (2)(iii), does not 
  6.18  constitute a correction or clarification made by the person to 
  6.19  whom the statement is attributed. 
  6.20     Sec. 10.  [553A.10] [ADMISSIBILITY OF EVIDENCE OF 
  6.21  CORRECTION OR CLARIFICATION.] 
  6.22     (a) The fact of a request for correction or clarification 
  6.23  under sections 553A.01 to 553A.10, the contents of the request, 
  6.24  and its acceptance or refusal are not admissible in evidence at 
  6.25  trial.  
  6.26     (b) The fact that a correction or clarification under 
  6.27  sections 553A.01 to 553A.10 was made and the contents of the 
  6.28  correction or clarification are not admissible in evidence at 
  6.29  trial except in mitigation of damages pursuant to section 
  6.30  553A.05.  If the fact that a correction or clarification was 
  6.31  made or the contents of the correction or clarification are 
  6.32  received in evidence, the fact of the request may also be 
  6.33  received.  
  6.34     (c) The fact of an offer of correction or clarification, or 
  6.35  the fact of its refusal, and the contents of the offer are not 
  6.36  admissible in evidence at trial. 
  7.1      Sec. 11.  [553A.11] [SHORT TITLE.] 
  7.2      Sections 553A.01 to 553A.10 may be cited as the "Correction 
  7.3   or Clarification of Defamation Act." 
  7.4      Sec. 12.  [EFFECTIVE DATE.] 
  7.5      Sections 1 to 11 are effective August 1, 2003, and apply to 
  7.6   statements published on or after that date.