S T A T E O F N E W Y O R K
________________________________________________________________________
814
1999-2000 Regular Sessions
I N S E N A T E
January 8, 1999
___________
Introduced by Sen. HANNON -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to enact-
ing the uniform correction or clarification of defamation act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The civil practice law and rules are amended by adding a
2 new article 14-B to read as follows:
3 ARTICLE 14-B
4 UNIFORM CORRECTION OR CLARIFICATION
5 OF DEFAMATION ACT
6 SECTION 1420. DEFINITIONS.
7 1421. SCOPE.
8 1422. REQUEST FOR CORRECTION OR CLARIFICATION.
9 1423. DISCLOSURE OF EVIDENCE OF FALSITY.
10 1424. EFFECT OF CORRECTION OR CLARIFICATION.
11 1425. TIMELY AND SUFFICIENT CORRECTION OR CLARIFICATION.
12 1426. CHALLENGES TO CORRECTION OR CLARIFICATION.
13 1427. OFFER TO CORRECT OR CLARIFY.
14 1428. SCOPE OF PROTECTION.
15 1429. ADMISSIBILITY OF EVIDENCE OF CORRECTION OR CLARIFICATION.
16 S 1420. DEFINITIONS. IN THIS ARTICLE:
17 1. "DEFAMATORY" MEANS TENDING TO HARM REPUTATION.
18 2. "ECONOMIC LOSS" MEANS SPECIAL, PECUNIARY LOSS CAUSED BY A FALSE AND
19 DEFAMATORY PUBLICATION.
20 3. "PERSON" INCLUDES ANY LEGAL OR COMMERCIAL ENTITY. THE TERM DOES NOT
21 INCLUDE A GOVERNMENT OR GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMEN-
22 TALITY.
23 S 1421. SCOPE. THIS ARTICLE APPLIES TO ANY CLAIM FOR RELIEF, HOWEVER
24 CHARACTERIZED, FOR DAMAGES ARISING OUT OF DEFAMATION CAUSED BY THE FALSE
25 CONTENT OF A PUBLICATION THAT IS PUBLISHED ON OR AFTER THE EFFECTIVE
26 DATE OF THIS ARTICLE. THIS ARTICLE APPLIES TO ALL PUBLICATIONS, INCLUD-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD05278-01-9
S. 814 2
1 ING WRITINGS, BROADCASTS, ORAL COMMUNICATIONS, ELECTRONIC TRANSMISSIONS,
2 OR OTHER FORMS OF TRANSMITTING INFORMATION.
3 S 1422. REQUEST FOR CORRECTION OR CLARIFICATION. 1. A PERSON MAY MAIN-
4 TAIN AN ACTION FOR DEFAMATION ONLY IF THE PERSON HAS MADE A TIMELY AND
5 ADEQUATE REQUEST FOR CORRECTION OR CLARIFICATION FROM THE DEFENDANT OR
6 THE DEFENDANT HAS MADE A CORRECTION OR CLARIFICATION.
7 2. A REQUEST FOR CORRECTION OR CLARIFICATION IS TIMELY IF MADE WITHIN
8 THE PERIOD OF LIMITATION FOR COMMENCEMENT OF AN ACTION FOR DEFAMATION.
9 HOWEVER, A PERSON WHO, WITHIN NINETY DAYS AFTER KNOWLEDGE OF THE PUBLI-
10 CATION, FAILS TO MAKE A GOOD FAITH ATTEMPT TO REQUEST A CORRECTION OR
11 CLARIFICATION MAY RECOVER ONLY PROVABLE ECONOMIC LOSS.
12 3. A REQUEST FOR CORRECTION OR CLARIFICATION IS ADEQUATE IF THE
13 REQUEST:
14 A. IS MADE IN WRITING AND REASONABLY IDENTIFIES THE PERSON MAKING THE
15 REQUEST;
16 B. SPECIFIES WITH PARTICULARITY THE STATEMENT ALLEGED TO BE FALSE AND
17 DEFAMATORY AND, TO THE EXTENT KNOWN, THE TIME AND PLACE OF PUBLICATION;
18 C. ALLEGES THE DEFAMATORY MEANING OF THE STATEMENT;
19 D. SPECIFIES THE CIRCUMSTANCES GIVING RISE TO ANY DEFAMATORY MEANING
20 OF THE STATEMENT WHICH ARISES FROM OTHER THAN THE EXPRESS LANGUAGE OF
21 THE PUBLICATION; AND
22 E. STATES THAT THE ALLEGED DEFAMATORY MEANING OF THE STATEMENT IS
23 FALSE.
24 4. IN THE ABSENCE OF A PREVIOUS ADEQUATE REQUEST, SERVICE OF A SUMMONS
25 AND COMPLAINT STATING A CLAIM FOR RELIEF FOR DEFAMATION AND CONTAINING
26 THE INFORMATION REQUIRED IN SUBDIVISION THREE OF THIS SECTION CONSTI-
27 TUTES AN ADEQUATE REQUEST FOR CORRECTION OR CLARIFICATION.
28 5. THE PERIOD OF LIMITATION FOR COMMENCEMENT OF A DEFAMATION ACTION IS
29 TOLLED DURING THE PERIOD ALLOWED IN SECTION FOURTEEN HUNDRED TWENTY-FIVE
30 OF THIS ARTICLE FOR RESPONDING TO A REQUEST FOR CORRECTION OR CLARIFICA-
31 TION.
32 S 1423. DISCLOSURE OF EVIDENCE OF FALSITY. A PERSON WHO HAS BEEN
33 REQUESTED TO MAKE A CORRECTION OR CLARIFICATION MAY ASK THE REQUESTER TO
34 DISCLOSE REASONABLY AVAILABLE INFORMATION MATERIAL TO THE FALSITY OF THE
35 ALLEGEDLY DEFAMATORY STATEMENT. IF A CORRECTION OR CLARIFICATION IS NOT
36 MADE, A PERSON WHO UNREASONABLY FAILS TO DISCLOSE THE INFORMATION AFTER
37 A REQUEST TO DO SO MAY RECOVER ONLY PROVABLE ECONOMIC LOSS. A CORRECTION
38 OR CLARIFICATION IS TIMELY IF PUBLISHED WITHIN TWENTY-FIVE DAYS AFTER
39 RECEIPT OF INFORMATION DISCLOSED UNDER THIS SECTION OR FORTY-FIVE DAYS
40 AFTER RECEIPT OF A REQUEST FOR CORRECTION OR CLARIFICATION, WHICHEVER IS
41 LATER.
42 S 1424. EFFECT OF CORRECTION OR CLARIFICATION. IF A TIMELY AND SUFFI-
43 CIENT CORRECTION OR CLARIFICATION IS MADE, A PERSON MAY RECOVER ONLY
44 PROVABLE ECONOMIC LOSS, AS MITIGATED BY THE CORRECTION OR CLARIFICATION.
45 S 1425. TIMELY AND SUFFICIENT CORRECTION OR CLARIFICATION. 1. A
46 CORRECTION OR CLARIFICATION IS TIMELY IF IT IS PUBLISHED BEFORE, OR
47 WITHIN FORTY-FIVE DAYS AFTER, RECEIPT OF A REQUEST FOR CORRECTION OR
48 CLARIFICATION, UNLESS THE PERIOD IS EXTENDED UNDER SECTION FOURTEEN
49 HUNDRED TWENTY-THREE OF THIS ARTICLE.
50 2. A CORRECTION OR CLARIFICATION IS SUFFICIENT IF IT:
51 (I) IS PUBLISHED WITH A PROMINENCE AND IN A MANNER AND MEDIUM REASON-
52 ABLY LIKELY TO REACH SUBSTANTIALLY THE SAME AUDIENCE AS THE PUBLICATION
53 COMPLAINED OF;
54 (II) REFERS TO THE STATEMENT BEING CORRECTED OR CLARIFIED AND:
55 (A) CORRECTS THE STATEMENT;
S. 814 3
1 (B) IN THE CASE OF DEFAMATORY MEANING ARISING FROM OTHER THAN THE
2 EXPRESS LANGUAGE OF THE PUBLICATION, DISCLAIMS AN INTENT TO COMMUNICATE
3 THAT MEANING OR TO ASSERT ITS TRUTH; OR
4 (C) IN THE CASE OF A STATEMENT ATTRIBUTED TO ANOTHER PERSON, DISCLAIMS
5 AN INTENT TO ASSERT THE TRUTH OF THE STATEMENT; AND
6 (III) IS COMMUNICATED TO THE PERSON WHO HAS MADE A REQUEST FOR
7 CORRECTION OR CLARIFICATION.
8 3. A CORRECTION OR CLARIFICATION IS PUBLISHED IN A MEDIUM REASONABLY
9 LIKELY TO REACH SUBSTANTIALLY THE SAME AUDIENCE AS THE PUBLICATION
10 COMPLAINED OF IF IT IS PUBLISHED IN A LATER ISSUE, EDITION, OR BROADCAST
11 OF THE ORIGINAL PUBLICATION.
12 4. IF A LATER ISSUE, EDITION, OR BROADCAST OF THE ORIGINAL PUBLICATION
13 WILL NOT BE PUBLISHED WITHIN THE TIME LIMITS ESTABLISHED FOR A TIMELY
14 CORRECTION OR CLARIFICATION, A CORRECTION OR CLARIFICATION IS PUBLISHED
15 IN A MANNER AND MEDIUM REASONABLY LIKELY TO REACH SUBSTANTIALLY THE SAME
16 AUDIENCE AS THE PUBLICATION COMPLAINED OF IF:
17 (I) IT IS TIMELY PUBLISHED IN A REASONABLY PROMINENT MANNER IN ANOTHER
18 MEDIUM LIKELY TO REACH AN AUDIENCE REASONABLY EQUIVALENT TO THE ORIGINAL
19 PUBLICATION OR IF THE PARTIES CANNOT AGREE ON ANOTHER MEDIUM, IN THE
20 NEWSPAPER WITH THE LARGEST GENERAL CIRCULATION IN THE REGION IN WHICH
21 THE ORIGINAL PUBLICATION WAS DISTRIBUTED;
22 (II) REASONABLE STEPS ARE TAKEN TO CORRECT UNDISTRIBUTED COPIES OF THE
23 ORIGINAL PUBLICATION, IF ANY; AND
24 (III) IT IS PUBLISHED IN THE NEXT PRACTICABLE ISSUE, EDITION, OR
25 BROADCAST, IF ANY, OF THE ORIGINAL PUBLICATION.
26 5. A CORRECTION OR CLARIFICATION IS TIMELY AND SUFFICIENT IF THE
27 PARTIES AGREE IN WRITING THAT IT IS TIMELY AND SUFFICIENT.
28 S 1426. CHALLENGES TO CORRECTION OR CLARIFICATION. 1. IF A DEFENDANT
29 IN AN ACTION GOVERNED BY THIS ARTICLE INTENDS TO RELY ON A TIMELY AND
30 SUFFICIENT CORRECTION OR CLARIFICATION, THE DEFENDANT`S INTENTION TO DO
31 SO, AND THE CORRECTION OR CLARIFICATION RELIED UPON, MUST BE SET FORTH
32 IN A NOTICE SERVED ON THE PLAINTIFF WITHIN SIXTY DAYS AFTER SERVICE OF
33 THE SUMMONS AND COMPLAINT OR ONE HUNDRED EIGHTY DAYS AFTER THE
34 CORRECTION OR CLARIFICATION IS MADE, WHICHEVER IS LATER. A CORRECTION OR
35 CLARIFICATION IS DEEMED TO BE TIMELY AND SUFFICIENT UNLESS THE PLAINTIFF
36 CHALLENGES ITS TIMELINESS OR SUFFICIENCY WITHIN TWENTY DAYS AFTER THE
37 NOTICE IS SERVED.
38 2. IF A DEFENDANT IN AN ACTION GOVERNED BY THIS ARTICLE INTENDS TO
39 CHALLENGE THE ADEQUACY OR TIMELINESS OF A REQUEST FOR CORRECTION OR
40 CLARIFICATION, THE DEFENDANT MUST SET FORTH THE CHALLENGE IN A MOTION TO
41 DECLARE THE REQUEST INADEQUATE OR UNTIMELY SERVED WITHIN SIXTY DAYS
42 AFTER SERVICE OF THE SUMMONS AND COMPLAINT. THE COURT SHALL RULE ON THE
43 MOTION AT THE EARLIEST APPROPRIATE TIME BEFORE TRIAL.
44 S 1427. OFFER TO CORRECT OR CLARIFY. 1. IF A TIMELY CORRECTION OR
45 CLARIFICATION IS NO LONGER POSSIBLE, THE PUBLISHER OF AN ALLEGED DEFAMA-
46 TORY STATEMENT MAY OFFER, AT ANY TIME BEFORE TRIAL, TO MAKE A CORRECTION
47 OR CLARIFICATION. THE OFFER MUST BE MADE IN WRITING TO THE PERSON
48 ALLEGEDLY DEFAMED BY THE PUBLICATION AND:
49 A. CONTAIN THE PUBLISHER`S OFFER TO PUBLISH, AT THE PERSON`S REQUEST,
50 A SUFFICIENT CORRECTION OR CLARIFICATION AND TO PAY THE PERSON`S REASON-
51 ABLE EXPENSES OF LITIGATION, INCLUDING ATTORNEY`S FEES, INCURRED BEFORE
52 PUBLICATION OF THE CORRECTION OR CLARIFICATION; AND
53 B. BE ACCOMPANIED BY A COPY OF THE PROPOSED CORRECTION OR CLARIFICA-
54 TION AND THE PLAN FOR ITS PUBLICATION.
55 2. IF THE PERSON ACCEPTS IN WRITING AN OFFER TO CORRECT OR CLARIFY
56 MADE PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE PERSON IS BARRED
S. 814 4
1 FROM COMMENCING AN ACTION AGAINST THE PUBLISHER BASED ON THE STATEMENT
2 OR IF AN ACTION HAS BEEN COMMENCED, THE COURT SHALL DISMISS THE ACTION
3 AGAINST THE DEFENDANT WITH PREJUDICE AFTER THE DEFENDANT COMPLIES WITH
4 THE TERMS OF THE OFFER.
5 3. A PERSON WHO DOES NOT ACCEPT AN OFFER MADE IN CONFORMANCE WITH
6 SUBDIVISION ONE OF THIS SECTION MAY RECOVER IN AN ACTION BASED ON THE
7 STATEMENT ONLY DAMAGES FOR PROVABLE ECONOMIC LOSS AND REASONABLE
8 EXPENSES OF LITIGATION, INCLUDING ATTORNEY`S FEES, INCURRED BEFORE THE
9 OFFER, UNLESS THE PERSON FAILED TO MAKE A GOOD FAITH ATTEMPT TO REQUEST
10 A CORRECTION OR CLARIFICATION IN ACCORDANCE WITH SUBDIVISION THREE OF
11 SECTION ONE THOUSAND FOUR HUNDRED TWENTY-TWO OF THIS ARTICLE OR FAILED
12 TO DISCLOSE INFORMATION IN ACCORDANCE WITH SECTION ONE THOUSAND FOUR
13 HUNDRED TWENTY-THREE OF THIS ARTICLE.
14 4. ON REQUEST OF EITHER PARTY, A COURT SHALL PROMPTLY DETERMINE THE
15 SUFFICIENCY OF THE OFFERED CORRECTION OR CLARIFICATION.
16 5. THE COURT SHALL DETERMINE THE AMOUNT OF REASONABLE EXPENSES OF
17 LITIGATION, INCLUDING ATTORNEY`S FEES, SPECIFIED IN THIS SECTION.
18 S 1428. SCOPE OF PROTECTION. A TIMELY AND SUFFICIENT CORRECTION OR
19 CLARIFICATION MADE BY A PERSON RESPONSIBLE FOR A PUBLICATION CONSTITUTES
20 A CORRECTION OR CLARIFICATION MADE BY ALL PERSONS RESPONSIBLE FOR THAT
21 PUBLICATION OTHER THAN A REPUBLISHER.
22 S 1429. ADMISSIBILITY OF EVIDENCE OF CORRECTION OR CLARIFICATION. 1.
23 THE FACT OF A REQUEST FOR CORRECTION OR CLARIFICATION UNDER THIS ARTI-
24 CLE, THE CONTENTS OF THE REQUEST, AND ITS ACCEPTANCE OR REFUSAL ARE NOT
25 ADMISSIBLE IN EVIDENCE AT TRIAL.
26 2. THE FACT THAT A CORRECTION OR CLARIFICATION UNDER THIS ARTICLE WAS
27 MADE AND THE CONTENTS OF THE CORRECTION OR CLARIFICATION ARE NOT ADMIS-
28 SIBLE IN EVIDENCE AT TRIAL EXCEPT IN MITIGATION OF DAMAGES PURSUANT TO
29 SECTION ONE THOUSAND FOUR HUNDRED TWENTY-FOUR OF THIS ARTICLE. IF THE
30 FACT THAT A CORRECTION OR CLARIFICATION WAS MADE OR THE CONTENTS OF THE
31 CORRECTION OR CLARIFICATION ARE RECEIVED IN EVIDENCE, THE FACT OF THE
32 REQUEST MAY ALSO BE RECEIVED.
33 3. THE FACT OF AN OFFER OF CORRECTION OR CLARIFICATION, OR THE FACT OF
34 ITS REFUSAL, AND THE CONTENTS OF THE OFFER ARE NOT ADMISSIBLE IN
35 EVIDENCE AT TRIAL.
36 S 2. This act shall take effect immediately.
.SO DOC S 814 *END* BTXT 1999
Bill S00814
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