Bill Text: MI SB1008 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Torts; other; libel and slander; modify standards that apply to elected officials and candidates for public office. Amends sec. 2911 of 1961 PA 236 (MCL 600.2911).

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2014-07-16 - Referred To Committee On Government Operations [SB1008 Detail]

Download: Michigan-2013-SB1008-Introduced.html

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SENATE BILL No. 1008

 

 

July 16, 2014, Introduced by Senators PAPPAGEORGE, JANSEN, JONES, COLBECK, NOFS and KOWALL and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 2911 (MCL 600.2911), as amended by 1988 PA 396.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2911. (1) Words imputing a lack of chastity to any female

 

or male are actionable in themselves and subject the person who

 

uttered or published them to a civil action for the slander in the

 

same manner as the uttering or publishing of words imputing the

 

commission of a criminal offense.

 

     (2)(a) Except as otherwise provided in subdivision (b), in

 

actions based on libel or slander the plaintiff is entitled to

 

recover only for the actual damages which that he or she has

 

suffered in respect to his or her property, business, trade,

 

profession, occupation, or feelings.

 

     (b) Exemplary and punitive damages shall may not be recovered

 

in actions for libel unless the plaintiff, before instituting his

 

or her action, gives notice to the defendant to publish a

 

retraction and allows a reasonable time to do so. , and proof Proof

 

of the publication or correction shall be is admissible in evidence

 

under a denial on the question of the good faith of the defendant,

 

and in mitigation and reduction of exemplary or punitive damages.

 

For libel based on a radio or television broadcast, the retraction

 

shall must be made in the same manner and at the same time of the

 

day as the original libel; for libel based on a publication, the

 

retraction shall must be published in the same size type, in the

 

same editions and as far as practicable, in substantially the same

 

position as the original libel; and for other libel, the retraction

 

shall must be published or communicated in substantially the same

 

manner as the original libel.

 

     (3) If the defendant in any action for slander or libel gives

 

notice in a justification that the words spoken or published were

 

true, this notice shall is not be of itself proof of the malice

 

charged in the complaint though not sustained by the evidence. In

 

an action for slander or for publishing or broadcasting a libel

 

even though the defendant has pleaded or attempted to prove a

 

justification he or she may prove mitigating circumstances

 

including the sources of his or her information and the ground for

 

his or her belief. Damages shall may not be awarded in a libel

 

action for the publication or broadcast of a fair and true report

 

of matters of public record, a public and official proceeding, or

 

of a governmental notice, announcement, written or recorded report

 

or record generally available to the public, or an act or action of

 

a public body, or for a heading of the report which that is a fair

 

and true headnote of the report. This privilege shall does not

 

apply to a libel which that is contained in a matter added by a

 

person concerned in the publication or contained in the report of

 

anything said or done at the time and place of the public and

 

official proceeding or governmental notice, announcement, written

 

or recorded report or record generally available to the public, or

 

act or action of a public body, which that was not a part of the

 

public and official proceeding or governmental notice,

 

announcement, written or recorded report or record generally

 

available to the public, or act or action of a public body.

 

     (4) A person against whom a judgment is recovered for damages

 

arising out of the authorship or publication of a libel is entitled

 

to recover contribution in a civil action from all persons who were

 

originally jointly liable for the libel with the defendant or

 

defendants, whether joined as defendants or not, to the same extent

 

as and with the same effect that joint sureties are liable to

 

contribute to each other in cases where they are sureties on the

 

same contract. If the libel has been published in a newspaper,

 

magazine, or other periodical publication or by a radio or

 

television broadcast, the servants and agents of the publisher or

 

proprietor of the periodical or radio or television station or

 

network, and the news agents and other persons who have been

 

connected with the libel only by selling or distributing the

 

publication containing the libel and who have not acted maliciously

 

in selling or publishing the libel, shall not be required to

 

contribute and shall not be taken into account in determining the

 

amount that any joint tort feasor tortfeasor is required to

 

contribute under the provisions of this section. If the author of

 

the libel acted maliciously in composing or securing the printing

 

or the publication of the libel and the printer, publisher, or

 

distributor of the libel acted in good faith and without malice in

 

printing and publishing the libel, the author of the libel is

 

liable in a civil action to that printer, publisher, or distributor

 

for the entire amount of the damages which that are recovered

 

against and paid by that printer, publisher, or distributor.

 

     (5) In actions brought for the recovery of damages for libel

 

in this state, it is competent for the defendant or defendants in

 

the action to show in evidence upon in the trial of the action that

 

the plaintiff in the action has previously recovered a judgment for

 

damages in an action for libel to the same or substantially the

 

same purport or effect as the libel for the recovery of damages for

 

which the action has been brought, or that the plaintiff in the

 

action has previously brought an action for the libel or has

 

received or agreed to receive compensation for the libel.

 

     (6) An Subject to subsection (8), an action for libel or

 

slander shall may not be brought based upon on a communication

 

involving public officials or public figures unless the claim is

 

sustained by clear and convincing proof that the defamatory

 

falsehood was published with knowledge that it was false or with

 

reckless disregard of whether or not it was false.

 

     (7) An action for libel or slander shall may not be brought

 

based upon on a communication involving a private individual unless

 

the defamatory falsehood concerns the private individual and was

 

published negligently. Recovery under this provision shall be

 

subsection is limited to economic damages including attorney fees.

 

     (8) A candidate for public office or an elected official has

 

the same protections against libel, slander, and defamation as he

 

or she would have as a private individual.

 

     (9) (8) As used in this section, "libel" includes defamation

 

by a radio or television broadcast.