Bill Text: MN SF1242 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Correction or Clarification of Defamation Act
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-11 - Referred to Judiciary [SF1242 Detail]
Download: Minnesota-2013-SF1242-Introduced.html
1.2relating to civil actions; regulating defamation actions; providing for requests
1.3for corrections or clarifications;proposing coding for new law as Minnesota
1.4Statutes, chapter 553A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [553A.01] DEFINITIONS.
1.7 Subdivision 1. Terms. For purposes of sections553A.01 to 553A.10, the terms
1.8defined in subdivisions 2 to 5 have the meanings given them.
1.9 Subd. 2. Defamatory. "Defamatory" means tending to harm reputation.
1.10 Subd. 3. Economic loss. "Economic loss" means special, pecuniary loss caused by
1.11a false and defamatory publication.
1.12 Subd. 4. Person. "Person" means an individual, corporation, business trust, estate,
1.13trust, partnership, association, joint venture, or other legal or commercial entity. The term
1.14does not include a government or governmental subdivision, agency, or instrumentality.
1.15 Subd. 5. Publish. "Publish" means to communicate to another person.
1.16 Sec. 2. [553A.02] APPLICATION.
1.17 Subdivision 1. Claims for relief; coverage. Sections553A.01 to
553A.10 apply to
1.18any claim for relief, however characterized, for damages arising out of harm to personal
1.19reputation caused by the false content of a publication that is published after the effective
1.20date of sections553A.01 to
553A.10 . Sections
553A.01 to
553A.10 do not create or
1.21recognize any new claim for relief, expand any existing claim for relief, or change or
1.22abolish any existing defense.
2.1 Subd. 2. Publications; coverage. Sections553A.01 to
553A.10 apply to
2.2all publications, including writings, broadcasts, oral communications, electronic
2.3transmissions, or other forms of transmitting information.
2.4 Sec. 3. [553A.03] REQUEST FOR CORRECTION OR CLARIFICATION.
2.5 Subdivision 1. Conditions to maintaining action. A person may maintain an
2.6action for defamation only after:
2.7(1) the person has made a timely and adequate request for correction or clarification
2.8from the defendant; or
2.9(2) the defendant has made a correction or clarification.
2.10 Subd. 2. Timing. A request for correction or clarification is timely if made within
2.11the period of limitation for commencement of an action for defamation. However, a
2.12person who, within 90 days after knowledge of the publication, fails to make a good-faith
2.13attempt to request a correction or clarification may recover only provable economic loss.
2.14 Subd. 3. Adequacy. A request for correction or clarification is adequate if it:
2.15(1) is made in writing and reasonably identifies the person making the request;
2.16(2) specifies with particularity the statement alleged to be false and defamatory and,
2.17to the extent known, the time and place of publication;
2.18(3) alleges the defamatory meaning of the statement;
2.19(4) specifies the circumstances giving rise to any defamatory meaning of the
2.20statement which arises from other than the express language of the publication; and
2.21(5) states that the alleged defamatory meaning of the statement is false.
2.22 Subd. 4. Service of summons and complaint as adequate request. In the absence
2.23of a previous adequate request, service of a summons and complaint stating a claim for
2.24relief for defamation and containing the information required in subdivision 3 constitutes
2.25an adequate request for correction or clarification.
2.26 Subd. 5. Tolling of period of limitation. The period of limitation for
2.27commencement of a defamation action is tolled during the period allowed in section
2.28553A.06, subdivision 1, for responding to a request for correction or clarification.
2.29 Sec. 4. [553A.04] DISCLOSURE OF EVIDENCE OF FALSITY.
2.30 Subdivision 1. Right to request. A person who has been requested to make
2.31a correction or clarification may ask the requester to disclose reasonably available
2.32information material to the falsity of the alleged defamatory statement.
3.1 Subd. 2. Failure to disclose. If a correction or clarification is not made, a person
3.2who unreasonably fails to disclose the information after a request to do so may recover
3.3only provable economic loss.
3.4 Sec. 5. [553A.05] EFFECT OF CORRECTION OR CLARIFICATION.
3.5If a timely and sufficient correction or clarification is made, a person may recover
3.6only provable economic loss, as mitigated by the correction or clarification.
3.7 Sec. 6. [553A.06] TIMELY AND SUFFICIENT CORRECTION OR
3.8CLARIFICATION.
3.9 Subdivision 1. Determination of timeliness. A correction or clarification is timely
3.10if it is published by the later of the following:
3.11(1) before receipt of a request for correction or clarification; or
3.12(2) within 25 days after the receipt of the information disclosed pursuant to section
3.13553A.04, subdivision 1, or 45 days after receipt of a request for correction or clarification.
3.14 Subd. 2. Determination of sufficiency. A correction or clarification is sufficient if:
3.15(1) it is published with a prominence and in a manner and medium reasonably likely
3.16to reach substantially the same audience as the publication complained of;
3.17(2) it refers to the statement being corrected or clarified and:
3.18(i) corrects or clarifies the statement;
3.19(ii) in the case of defamatory meaning arising from other than the express language
3.20of the publication, disclaims an intent to communicate that meaning or to assert its truth; or
3.21(iii) in the case of a statement attributed to another person, identifies the person and
3.22disclaims an intent to assert the truth of the statement; and
3.23(3) reasonable efforts have been made to communicate it to the person who has made
3.24the request for correction or clarification.
3.25 Subd. 3. Medium. For purposes of subdivision 2, clause (1), a correction or
3.26clarification is published in a medium reasonably likely to reach substantially the same
3.27audience as the publication complained of if it is published in a later issue, edition, or
3.28broadcast of the original publication. If a later issue, edition, or broadcast of the original
3.29publication will not be published within the time limits established for a timely correction or
3.30clarification, a correction or clarification is published in a manner and medium reasonably
3.31likely to reach substantially the same audience as the publication complained of if:
3.32(1) it is timely published in a reasonably prominent manner:
3.33(i) in another medium likely to reach an audience reasonably equivalent to the
3.34original publication; or
4.1(ii) if the parties cannot agree on another medium, in the newspaper with the largest
4.2general circulation in the region in which the original publication was distributed;
4.3(2) reasonable steps are taken to correct undistributed copies of the original
4.4publication, if any; and
4.5(3) it is published in the next practicable issue, edition, or broadcast, if any, of
4.6the original publication.
4.7 Subd. 4. Agreement of the parties. A correction or clarification is timely and
4.8sufficient if the parties agree in writing that is timely and sufficient.
4.9 Sec. 7. [553A.07] CHALLENGE TO CORRECTION OR CLARIFICATION OR
4.10REQUEST FOR CORRECTION OR CLARIFICATION.
4.11 Subdivision 1. Required notice. If a defendant in an action governed by sections
4.12553A.01 to553A.10 intends to rely on a timely and sufficient correction or clarification,
4.13the defendant's intention to do so, and the correction or clarification relied upon, must be
4.14set forth in a notice served on the plaintiff within 60 days after service of the summons
4.15and complaint or ten days after the correction or clarification is made, whichever is later.
4.16A correction or clarification is deemed to be timely and sufficient unless the plaintiff
4.17challenges its timeliness or sufficiency within 20 days after the notice is served.
4.18 Subd. 2. Required motion. If a defendant in an action governed by sections
4.19553A.01 to553A.10 intends to challenge the adequacy or timeliness of a request for
4.20correction or clarification, the defendant must set forth the challenge in a motion to declare
4.21the request inadequate or untimely served within 60 days after service of the summons and
4.22complaint. The court shall rule on the motion at the earliest appropriate time before trial.
4.23 Sec. 8. [553A.08] OFFER TO CORRECT OR CLARIFY.
4.24 Subdivision 1. Manner and content. If a timely correction or clarification is no
4.25longer possible, the publisher of an alleged defamatory statement may offer, at any time
4.26before trial, to make a correction or clarification. The offer must be made in writing to the
4.27person allegedly defamed by the publication, and:
4.28(1) contain the publisher's offer to:
4.29(i) publish, at the person's request, a sufficient correction or clarification; and
4.30(ii) pay the person's reasonable expenses of litigation, including attorney fees,
4.31incurred before publication of the correction or clarification; and
4.32(2) be accompanied by a copy of the proposed correction or clarification and the
4.33plan for its publication.
5.1 Subd. 2. Acceptance. If the person accepts in writing an offer to correct or clarify
5.2made pursuant to subdivision 1:
5.3(1) the person is barred from commencing an action against the publisher based
5.4on the statement; or
5.5(2) if an action has been commenced, the court shall dismiss the action against the
5.6defendant with prejudice after the defendant complies with the terms of the offer.
5.7 Subd. 3. Nonacceptance. A person who does not accept an offer made in
5.8conformance with subdivision 1 may recover in an action based on the statement only:
5.9(1) damages for provable economic loss; and
5.10(2) reasonable expenses of litigation, including attorney fees, incurred before the
5.11offer, unless the person failed to make a good-faith attempt to request a correction or
5.12clarification according to section553A.03 , subdivision 2, or failed to disclose information
5.13according to section553A.04 .
5.14 Subd. 4. Determination of sufficiency. On request of either party, a court shall
5.15promptly determine the sufficiency of the offered correction or clarification.
5.16 Subd. 5. Determination of litigation expenses. The court shall determine
5.17the amount of reasonable expenses of litigation, including attorney fees, specified in
5.18subdivision 1, clause (1), item (ii), and subdivision 3, clause (2).
5.19 Sec. 9. [553A.09] SCOPE OF PROTECTION.
5.20A timely and sufficient correction or clarification made by a person responsible for
5.21a publication constitutes a correction or clarification made by all persons responsible
5.22for that publication other than a republisher. However, a correction or clarification that
5.23is sufficient only because of the operation of section553A.06 , subdivision 2, clause (2),
5.24item (iii), does not constitute a correction or clarification made by the person to whom
5.25the statement is attributed.
5.26 Sec. 10. [553A.10] NONADMISSIBILITY OF CERTAIN EVIDENCE.
5.27 Subdivision 1. Requests. The fact of a request for correction or clarification under
5.28sections553A.01 to
553A.10 , the contents of the request, and its acceptance or refusal are
5.29not admissible in evidence at trial.
5.30 Subd. 2. Correction or clarification. The fact that a correction or clarification
5.31under sections553A.01 to
553A.10 was made and the contents of the correction or
5.32clarification are not admissible in evidence at trial except in mitigation of damages
5.33pursuant to section 553A.05. If the fact that a correction or clarification was made or the
6.1contents of the correction or clarification are received in evidence, the fact of the request
6.2may also be received.
6.3 Subd. 3. Offer to correct or clarify. The fact of an offer of correction or clarification,
6.4or the fact of its refusal, and the contents of the offer are not admissible in evidence at trial.
6.5 Sec. 11. [553A.11] SHORT TITLE.
6.6Sections553A.01 to
553A.10 may be cited as the "Correction or Clarification of
6.7Defamation Act."
6.8 Sec. 12. EFFECTIVE DATE.
6.9Sections 1 to 11 are effective August 1, 2013, and apply to statements published
6.10on or after that date.
1.3for corrections or clarifications;proposing coding for new law as Minnesota
1.4Statutes, chapter 553A.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [553A.01] DEFINITIONS.
1.7 Subdivision 1. Terms. For purposes of sections
1.8defined in subdivisions 2 to 5 have the meanings given them.
1.9 Subd. 2. Defamatory. "Defamatory" means tending to harm reputation.
1.10 Subd. 3. Economic loss. "Economic loss" means special, pecuniary loss caused by
1.11a false and defamatory publication.
1.12 Subd. 4. Person. "Person" means an individual, corporation, business trust, estate,
1.13trust, partnership, association, joint venture, or other legal or commercial entity. The term
1.14does not include a government or governmental subdivision, agency, or instrumentality.
1.15 Subd. 5. Publish. "Publish" means to communicate to another person.
1.16 Sec. 2. [553A.02] APPLICATION.
1.17 Subdivision 1. Claims for relief; coverage. Sections
1.18any claim for relief, however characterized, for damages arising out of harm to personal
1.19reputation caused by the false content of a publication that is published after the effective
1.20date of sections
1.21recognize any new claim for relief, expand any existing claim for relief, or change or
1.22abolish any existing defense.
2.1 Subd. 2. Publications; coverage. Sections
2.2all publications, including writings, broadcasts, oral communications, electronic
2.3transmissions, or other forms of transmitting information.
2.4 Sec. 3. [553A.03] REQUEST FOR CORRECTION OR CLARIFICATION.
2.5 Subdivision 1. Conditions to maintaining action. A person may maintain an
2.6action for defamation only after:
2.7(1) the person has made a timely and adequate request for correction or clarification
2.8from the defendant; or
2.9(2) the defendant has made a correction or clarification.
2.10 Subd. 2. Timing. A request for correction or clarification is timely if made within
2.11the period of limitation for commencement of an action for defamation. However, a
2.12person who, within 90 days after knowledge of the publication, fails to make a good-faith
2.13attempt to request a correction or clarification may recover only provable economic loss.
2.14 Subd. 3. Adequacy. A request for correction or clarification is adequate if it:
2.15(1) is made in writing and reasonably identifies the person making the request;
2.16(2) specifies with particularity the statement alleged to be false and defamatory and,
2.17to the extent known, the time and place of publication;
2.18(3) alleges the defamatory meaning of the statement;
2.19(4) specifies the circumstances giving rise to any defamatory meaning of the
2.20statement which arises from other than the express language of the publication; and
2.21(5) states that the alleged defamatory meaning of the statement is false.
2.22 Subd. 4. Service of summons and complaint as adequate request. In the absence
2.23of a previous adequate request, service of a summons and complaint stating a claim for
2.24relief for defamation and containing the information required in subdivision 3 constitutes
2.25an adequate request for correction or clarification.
2.26 Subd. 5. Tolling of period of limitation. The period of limitation for
2.27commencement of a defamation action is tolled during the period allowed in section
2.28553A.06, subdivision 1, for responding to a request for correction or clarification.
2.29 Sec. 4. [553A.04] DISCLOSURE OF EVIDENCE OF FALSITY.
2.30 Subdivision 1. Right to request. A person who has been requested to make
2.31a correction or clarification may ask the requester to disclose reasonably available
2.32information material to the falsity of the alleged defamatory statement.
3.1 Subd. 2. Failure to disclose. If a correction or clarification is not made, a person
3.2who unreasonably fails to disclose the information after a request to do so may recover
3.3only provable economic loss.
3.4 Sec. 5. [553A.05] EFFECT OF CORRECTION OR CLARIFICATION.
3.5If a timely and sufficient correction or clarification is made, a person may recover
3.6only provable economic loss, as mitigated by the correction or clarification.
3.7 Sec. 6. [553A.06] TIMELY AND SUFFICIENT CORRECTION OR
3.8CLARIFICATION.
3.9 Subdivision 1. Determination of timeliness. A correction or clarification is timely
3.10if it is published by the later of the following:
3.11(1) before receipt of a request for correction or clarification; or
3.12(2) within 25 days after the receipt of the information disclosed pursuant to section
3.13553A.04, subdivision 1, or 45 days after receipt of a request for correction or clarification.
3.14 Subd. 2. Determination of sufficiency. A correction or clarification is sufficient if:
3.15(1) it is published with a prominence and in a manner and medium reasonably likely
3.16to reach substantially the same audience as the publication complained of;
3.17(2) it refers to the statement being corrected or clarified and:
3.18(i) corrects or clarifies the statement;
3.19(ii) in the case of defamatory meaning arising from other than the express language
3.20of the publication, disclaims an intent to communicate that meaning or to assert its truth; or
3.21(iii) in the case of a statement attributed to another person, identifies the person and
3.22disclaims an intent to assert the truth of the statement; and
3.23(3) reasonable efforts have been made to communicate it to the person who has made
3.24the request for correction or clarification.
3.25 Subd. 3. Medium. For purposes of subdivision 2, clause (1), a correction or
3.26clarification is published in a medium reasonably likely to reach substantially the same
3.27audience as the publication complained of if it is published in a later issue, edition, or
3.28broadcast of the original publication. If a later issue, edition, or broadcast of the original
3.29publication will not be published within the time limits established for a timely correction or
3.30clarification, a correction or clarification is published in a manner and medium reasonably
3.31likely to reach substantially the same audience as the publication complained of if:
3.32(1) it is timely published in a reasonably prominent manner:
3.33(i) in another medium likely to reach an audience reasonably equivalent to the
3.34original publication; or
4.1(ii) if the parties cannot agree on another medium, in the newspaper with the largest
4.2general circulation in the region in which the original publication was distributed;
4.3(2) reasonable steps are taken to correct undistributed copies of the original
4.4publication, if any; and
4.5(3) it is published in the next practicable issue, edition, or broadcast, if any, of
4.6the original publication.
4.7 Subd. 4. Agreement of the parties. A correction or clarification is timely and
4.8sufficient if the parties agree in writing that is timely and sufficient.
4.9 Sec. 7. [553A.07] CHALLENGE TO CORRECTION OR CLARIFICATION OR
4.10REQUEST FOR CORRECTION OR CLARIFICATION.
4.11 Subdivision 1. Required notice. If a defendant in an action governed by sections
4.12553A.01 to
4.13the defendant's intention to do so, and the correction or clarification relied upon, must be
4.14set forth in a notice served on the plaintiff within 60 days after service of the summons
4.15and complaint or ten days after the correction or clarification is made, whichever is later.
4.16A correction or clarification is deemed to be timely and sufficient unless the plaintiff
4.17challenges its timeliness or sufficiency within 20 days after the notice is served.
4.18 Subd. 2. Required motion. If a defendant in an action governed by sections
4.19553A.01 to
4.20correction or clarification, the defendant must set forth the challenge in a motion to declare
4.21the request inadequate or untimely served within 60 days after service of the summons and
4.22complaint. The court shall rule on the motion at the earliest appropriate time before trial.
4.23 Sec. 8. [553A.08] OFFER TO CORRECT OR CLARIFY.
4.24 Subdivision 1. Manner and content. If a timely correction or clarification is no
4.25longer possible, the publisher of an alleged defamatory statement may offer, at any time
4.26before trial, to make a correction or clarification. The offer must be made in writing to the
4.27person allegedly defamed by the publication, and:
4.28(1) contain the publisher's offer to:
4.29(i) publish, at the person's request, a sufficient correction or clarification; and
4.30(ii) pay the person's reasonable expenses of litigation, including attorney fees,
4.31incurred before publication of the correction or clarification; and
4.32(2) be accompanied by a copy of the proposed correction or clarification and the
4.33plan for its publication.
5.1 Subd. 2. Acceptance. If the person accepts in writing an offer to correct or clarify
5.2made pursuant to subdivision 1:
5.3(1) the person is barred from commencing an action against the publisher based
5.4on the statement; or
5.5(2) if an action has been commenced, the court shall dismiss the action against the
5.6defendant with prejudice after the defendant complies with the terms of the offer.
5.7 Subd. 3. Nonacceptance. A person who does not accept an offer made in
5.8conformance with subdivision 1 may recover in an action based on the statement only:
5.9(1) damages for provable economic loss; and
5.10(2) reasonable expenses of litigation, including attorney fees, incurred before the
5.11offer, unless the person failed to make a good-faith attempt to request a correction or
5.12clarification according to section
5.13according to section
5.14 Subd. 4. Determination of sufficiency. On request of either party, a court shall
5.15promptly determine the sufficiency of the offered correction or clarification.
5.16 Subd. 5. Determination of litigation expenses. The court shall determine
5.17the amount of reasonable expenses of litigation, including attorney fees, specified in
5.18subdivision 1, clause (1), item (ii), and subdivision 3, clause (2).
5.19 Sec. 9. [553A.09] SCOPE OF PROTECTION.
5.20A timely and sufficient correction or clarification made by a person responsible for
5.21a publication constitutes a correction or clarification made by all persons responsible
5.22for that publication other than a republisher. However, a correction or clarification that
5.23is sufficient only because of the operation of section
5.24item (iii), does not constitute a correction or clarification made by the person to whom
5.25the statement is attributed.
5.26 Sec. 10. [553A.10] NONADMISSIBILITY OF CERTAIN EVIDENCE.
5.27 Subdivision 1. Requests. The fact of a request for correction or clarification under
5.28sections
5.29not admissible in evidence at trial.
5.30 Subd. 2. Correction or clarification. The fact that a correction or clarification
5.31under sections
5.32clarification are not admissible in evidence at trial except in mitigation of damages
5.33pursuant to section 553A.05. If the fact that a correction or clarification was made or the
6.1contents of the correction or clarification are received in evidence, the fact of the request
6.2may also be received.
6.3 Subd. 3. Offer to correct or clarify. The fact of an offer of correction or clarification,
6.4or the fact of its refusal, and the contents of the offer are not admissible in evidence at trial.
6.5 Sec. 11. [553A.11] SHORT TITLE.
6.6Sections
6.7Defamation Act."
6.8 Sec. 12. EFFECTIVE DATE.
6.9Sections 1 to 11 are effective August 1, 2013, and apply to statements published
6.10on or after that date.
