Bill Text: HI HB2698 | 2012 | Regular Session | Introduced


Bill Title: Defamation; Campaigns

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-01-25 - (H) Referred to JUD, referral sheet 8 [HB2698 Detail]

Download: Hawaii-2012-HB2698-Introduced.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2698

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ELECTIONS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§11-     Campaign defamation.  (a)  A person commits the offense of campaign defamation if, through campaign material, the person publishes to a third party:

     (1)  A false statement;

     (2)  With actual malice or reckless disregard of the truth; and

     (3)  That the publisher knew or should have known to be false.

     (b)  It is an affirmative defense to a prosecution under subsection (a) that the statement is true.

     (c)  Campaign defamation is a misdemeanor."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Defamation; Campaigns

 

Description:

Makes defamation in campaign material a misdemeanor offense.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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