Bill Tracker: HB 129 - Liability of Author of Website Posting

HB 129 expands our libel laws by including defamatory statements expressed on an Internet Website. The prevailing party under this bill would be entitled to force the author or Internet website to remove the defamatory statement. The regular rules for proving and pursuing a libel case remain in effect.

HB 129 needs to be read in conjunction with the Communications Decency Act (CDA) to fully understand the arena of internet posting liability because the CDA provides an immunity shield to certain defamation actions. Section 230 (e)(3)of the CDA is particularly relevant in that it states, "No cause of action may be brought and no liability may be imposed under any state or local law that is inconsistent with this section."

A more complete HB 129 could include a section that mirrors the California Anti-SLAPP regulations (Strategic Lawsuits Against Public Participation). The Anti-SLAPP measures prevent people from filing lawsuits claiming libel in an effort to defeat discourse on a subject matter.

This bill deserves notice from the blogger and citizen journalist community because it makes you, as the publisher of a website, liable for not only what you say on your website, but also what someone else posts on your website. It is worth remembering that the discussions we have in these online environments should be honest and candid without being damaging or untrue.

HB 129 offers new rights without any corresponding responsibilities. The Anti-SLAPP measures would level the playing field.