HB2289112th GA (Historical)Introduced

Amends TCA Title 28, Chapter 3; Title 29; Title 37, Chapter 10, Part 1 and Title 49.

This bill requires the state board of education and each local education agency (LEA) to adopt policies regarding student use of personal technology, including audio recording, taking unwanted photographs, or videotaping. The policies must include disciplinary provisions to address violations of the policies. Under this bill, an employee of an LEA will have a cause of action to recover damages against a student of the LEA who publishes, on social media or otherwise, a false and defamatory statement concerning the employee: (1) With knowledge that the statement is false and defaming to the employee of the LEA; or (2) With reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement. In any action commenced under this bill, the plaintiff will be entitled to recover damages from the parent or guardian of the student, if, at the time that the student is alleged to have published the false and defamatory statement: (1) The student was less than 18 years of age; (2) The student was living with the parent or guardian; (3) The parent or guardian knew, or should have known, of the student's tendency to make false and defamatory statements that could be expected to cause injury to another person's social or professional reputation; and (4) The parent or guardian had an opportunity to control the student but failed to exercise reasonable means to restrain the student's libelous conduct. Generally under present law, a person is entitled to recover damages, in an amount not to exceed $10,000, from the parents or guardian of the person of any minor under 18 years of age, living with the parents or guardian of the person, who maliciously or willfully causes personal injury to such person. This bill specifies that this $10,000-limit on parental liability will not apply to actions under this bill.

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Overview

This bill requires the state board of education and each local education agency (LEA) to adopt policies regarding student use of personal technology, including audio recording, taking unwanted photographs, or videotaping. The policies must include disciplinary provisions to address violations of the policies. Under this bill, an employee of an LEA will have a cause of action to recover damages against a student of the LEA who publishes, on social media or otherwise, a false and defamatory statement concerning the employee: (1) With knowledge that the statement is false and defaming to the employee of the LEA; or (2) With reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement. In any action commenced under this bill, the plaintiff will be entitled to recover damages from the parent or guardian of the student, if, at the time that the student is alleged to have published the false and defamatory statement: (1) The student was less than 18 years of age; (2) The student was living with the parent or guardian; (3) The parent or guardian knew, or should have known, of the student's tendency to make false and defamatory statements that could be expected to cause injury to another person's social or professional reputation; and (4) The parent or guardian had an opportunity to control the student but failed to exercise reasonable means to restrain the student's libelous conduct. Generally under present law, a person is entitled to recover damages, in an amount not to exceed $10,000, from the parents or guardian of the person of any minor under 18 years of age, living with the parents or guardian of the person, who maliciously or willfully causes personal injury to such person. This bill specifies that this $10,000-limit on parental liability will not apply to actions under this bill.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 1, 2022

Subjects
4543483528830800

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