HB1219112th GA (Historical)Introduced

Amends TCA Title 4; Title 24; Title 29; Title 39 and Title 40.

This bill requires a media outlet to provide equal coverage in comparable time, place, magnitude, prominence, scale, and manner in the same format as the original reporting of a case and controversy, if: (1) The media outlet reported on the facts of a case and controversy and the final verdict provided less relief against the accused than originally sought by the petitioner or less than could have been obtained by the petitioner; and (2) The accused or the authorized agent of the accused sends an electronic or written notice demand to an authorized agent of the media outlet within 20 days after the verdict or outcome, demanding that the facts surrounding the final and actual decision or outcome be reported and published as a follow-up to the original reporting. In the written notification, the accused or the authorized agent of the accused must include certain information, such as a short description of the original allegations, the original relief sought by the petitioner, or the amount of relief that was sought; and the location of the venue where the case and controversy was resolved and the docket number of the case and controversy, if assigned. Under this bill, if a media outlet reports on the facts of a case and controversy and displays the mugshot of the accused, and the accused is acquitted, enters into a plea of no contest, or receives an outcome more favorable than originally sought by the petitioner or available to the petitioner, then the media outlet must: (1) Take down or remove the mugshot from any digital publication, if possible; and (2) Not display the mugshot in any follow-up publication that reports on the actual outcome of the case and controversy and must only display images that the accused has authorized the media outlet use. If the result of a civil trial is settled under the terms of a private settlement agreement, then the accused may alert the media outlet that the case and controversy was settled. Under this bill: (1) After receiving the notice demand by the accused, a media outlet that reported on the facts of the case and controversy prior to the resolution of the case or controversy must comply with the notice demand within 10 days by publishing a follow-up story that reports on the actual outcome. The accused has the burden of proof at a civil trial to show that the notice was timely served on the media outlet and met the requirements of this bill; (2) If the media outlet fails to comply with the notice demand within 10 days, the accused may file suit within one year from the date of non-compliance and may seek the following relief in the court of competent jurisdiction against the media outlet: (A) Statutory damages of $10,000; (B) Attorney's fees and costs; (C) Actual damages; and (D) Other forms of equitable and injunctive relief. If the media outlet displayed the mugshot of the accused in the original publication in a digital format, then the accused may seek injunctive relief to have the media outlet remove the image. This bill specifies that the media outlet will not be subject to liability under the bill if the media outlet: (1) Is known to publish satire or parody or admits that the media outlet is a fake news outlet that is purposed to traffic in fiction peddling for comedic or entertainment purposes; (2) Reports on the facts of the outcome in comparable time, place, magnitude, prominence, scale, and manner of the original publication prior to receiving the notice demand from the accused; (3) Receives an untimely notice demand from the accused more than 20 days after the date of the verdict; or (4) Did not report on the case and controversy prior to the decision being reached. A petitioner will have no standing under this bill to make a media outlet report on the outcome of a case and controversy regardless of the outcome. Neither the petitioner nor the accused will have standing to compel a media outlet to report on the case and controversy after the case or controversy is filed. If a media outlet reported on a case or controversy involving one or more felony charges and the accused was convicted or plead guilty to one or more felony counts, then the accused lacks standing to enforce this bill. This bill specifies that an accused may waive the accused's rights under this bill as a part of a negotiated settlement.

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Overview

This bill requires a media outlet to provide equal coverage in comparable time, place, magnitude, prominence, scale, and manner in the same format as the original reporting of a case and controversy, if: (1) The media outlet reported on the facts of a case and controversy and the final verdict provided less relief against the accused than originally sought by the petitioner or less than could have been obtained by the petitioner; and (2) The accused or the authorized agent of the accused sends an electronic or written notice demand to an authorized agent of the media outlet within 20 days after the verdict or outcome, demanding that the facts surrounding the final and actual decision or outcome be reported and published as a follow-up to the original reporting. In the written notification, the accused or the authorized agent of the accused must include certain information, such as a short description of the original allegations, the original relief sought by the petitioner, or the amount of relief that was sought; and the location of the venue where the case and controversy was resolved and the docket number of the case and controversy, if assigned. Under this bill, if a media outlet reports on the facts of a case and controversy and displays the mugshot of the accused, and the accused is acquitted, enters into a plea of no contest, or receives an outcome more favorable than originally sought by the petitioner or available to the petitioner, then the media outlet must: (1) Take down or remove the mugshot from any digital publication, if possible; and (2) Not display the mugshot in any follow-up publication that reports on the actual outcome of the case and controversy and must only display images that the accused has authorized the media outlet use. If the result of a civil trial is settled under the terms of a private settlement agreement, then the accused may alert the media outlet that the case and controversy was settled. Under this bill: (1) After receiving the notice demand by the accused, a media outlet that reported on the facts of the case and controversy prior to the resolution of the case or controversy must comply with the notice demand within 10 days by publishing a follow-up story that reports on the actual outcome. The accused has the burden of proof at a civil trial to show that the notice was timely served on the media outlet and met the requirements of this bill; (2) If the media outlet fails to comply with the notice demand within 10 days, the accused may file suit within one year from the date of non-compliance and may seek the following relief in the court of competent jurisdiction against the media outlet: (A) Statutory damages of $10,000; (B) Attorney's fees and costs; (C) Actual damages; and (D) Other forms of equitable and injunctive relief. If the media outlet displayed the mugshot of the accused in the original publication in a digital format, then the accused may seek injunctive relief to have the media outlet remove the image. This bill specifies that the media outlet will not be subject to liability under the bill if the media outlet: (1) Is known to publish satire or parody or admits that the media outlet is a fake news outlet that is purposed to traffic in fiction peddling for comedic or entertainment purposes; (2) Reports on the facts of the outcome in comparable time, place, magnitude, prominence, scale, and manner of the original publication prior to receiving the notice demand from the accused; (3) Receives an untimely notice demand from the accused more than 20 days after the date of the verdict; or (4) Did not report on the case and controversy prior to the decision being reached. A petitioner will have no standing under this bill to make a media outlet report on the outcome of a case and controversy regardless of the outcome. Neither the petitioner nor the accused will have standing to compel a media outlet to report on the case and controversy after the case or controversy is filed. If a media outlet reported on a case or controversy involving one or more felony charges and the accused was convicted or plead guilty to one or more felony counts, then the accused lacks standing to enforce this bill. This bill specifies that an accused may waive the accused's rights under this bill as a part of a negotiated settlement.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 11, 2021

Subjects
40314823125712150800

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