any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. SEC. 46. SLANDER.-Slander is a false and unprivileged publication, orally uttered, and also communications by radio or any mechanical or other means which

1. Charges any person with crime, or with having been indicted convicted, or punished for crime;

2. Imputes in him the present existence of an infectious, contagious, or loathsome disease;

3. Tends directly to injure him in respect to his office, profession, trade, or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;

4. Imputes to him impotence or a want of chastity; or

5. Which, by natural consequence, causes actual damage.

SEC. 47. PUBLICATIONS WHICH ARE PRIVILEGED.-A privileged publication or broadcast is one made:

1. In the proper discharge of an official duty;

2. In any (1) legislative or (2) judicial proceeding, or (3) in any other official proceeding authorized by law: Provided, That an allegation or averment contained in any pleading or affidavit filed in an action for divorce or an action prosecuted under section 137 of this Code [action for alimony] made of or concerning a person by or against whom no affirmative relief is prayed in such action shall not be a privileged publication or broadcast as to the person making said allegation or averment within the meaning of this section unless such pleading be verified or affidavit sworn to, and be made without malice, by one having reasonable and probable cause for believing the truth of such allegation or averment and unless such allegation or averment be material and relevant to the issues in such action;

3. In a communication, without malice, to a person interested therein, (1) by one who is also interested, or (2) by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive of the communication innocent, or (3) who is requested by the person interested to give the information;

4. By a fair and true report in a public journal, of (1) judicial (2) legislative or (3) other public official proceeding, or (4) of anything said in the course thereof, or (5) of a verified charge or complaint made by any person to a public official, upon which complaint a warrant shall have been issued;

5. By a fair and true report of (1) the proceedings of a public meeting, if such meeting was lawfully convened for a lawful purpose and open to the public, or (2) the publication of the matter complained of was for the public benefit.

SEC. 48. INFERENCE OF MALICE-EXCEPTION.-In the cases provided for in subdivision 3 of the preceding section, malice is not inferred from the communication.

SEC. 48a. LIBEL DEMAND FOR RETRACTION AS CONDITION PRECEDENT TO ACTION AGAINST NEWSPAPER.-1. In any action for damages for the publication of a libel in a newspaper, or of a slander by radio broadcast, plaintiff shall recover no more than special damages unless a correction be demanded and be not published or broadcast, as hereinafter provided. Plaintiff shall serve upon the publisher, at the place of publication, or broadcaster at the place of broadcast, a written notice specifying the statements claimed to be libelous and demanding that the same be corrected. Said notice and demand must be served within 20 days after knowledge of the publication or broadcast of the statements claimed to be libelous.

2. If correction be demanded within said period and be not published or broadcast in substantially as conspicuous a manner in said newspaper or on said broadcasting station as were the statements claimed to be libelous, in a regular issue thereof published or broadcast within three weeks after such service, plaintiff, if he pleads and proves such notice, demand and failure to correct, and if his cause for action be maintained, may recover general, special and exemplary damages: Provided, That no exemplary damages may be recovered unless the plaintiff shall prove that defendant made the publication or broadcast with actual malice and then only in the discretion of the court or

jury, and actual malice shall not be inferred or presumed from the publication or broadcast.

3. A correction published or broadcast in substantially as conspicuous a manner in said newspaper or on said broadcasting station as the statements claimed in the complaint to be libelous, prior to receipt of a demand therefor, shall be of the same force and effect as though such correction had been published or broadcast within three weeks after a demand therefor.

4. As used herein, the terms "general damages," "special damages," "exemplary damages," and "actual malice" are defined as follows:

(a) "General damages" are damages for loss of reputation, shame, mortification and hurt feelings;

(b) "Special damages" are all damages which plaintiff alleges and proves that he has suffered in respect to his property, business, trade, profession or occupation, including such amounts of money as the plaintiff alleges and proves he has expended as a result of the alleged liberal and no other;

(c) "Exemplary damages" are damages which may, in the discretion of the court or jury, be recovered in addition to general and special damages for the sake of example and by way of punishing a defendant who has made the publication or broadcast with actual malice;

(d) "Actual malice" is that state of mind arising from hatred or ill will toward the plaintiff; provided, however, that such a state of mind occasioned by a good faith belief on the part of the defendant in the truth of the libelous publication or broadcast at the time it is published or broadcast shall not constitute actual malice.

SEC. 48.5. DEFAMATION BY RADIO.-1. The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee, or operator, shall not be liable for any damages for any defamatory statement or matter published or uttered in or as a part of a visual or sound broadcast by one other than such owner, licensee, or operator, or agent or employee thereof, if it shall be alleged and proved by such owner, licensee, or operator, or agent or employee thereof, that such owner, licensee, or operator, or such agent or employee, has exercised due care to prevent the publication or utterance of such statement or matter in such broadcast. 2. If any defamatory statement or matter is published or uttered in or as a part of a broadcast over the facilities of a network of visual or sound radio broadcasting stations, the owner, licensee, or operator of any such station, or network of stations, and the agents or employees thereof, other than the owner, licensee, or operator of the station, or network of stations, originating such broadcast, and the agents or employees thereof, shall in no event be liable for any damages for any such defamatory statement or matter.

3. In no event, however, shall any owner, licensee, or operator of such station or network of stations, or the agents or employees thereof, be liable for any. damages for any defamatory statement or matter published or uttered, by one other than such owner, licensee or operator, or agent or employee thereof, in or as a part of a visual or sound radio broadcast by or on behalf of any candidate for public office, which broadcast cannot be censored by reason of the provisions of Federal statute or regulations of the Federal Communications Commission. 4. As used in this part 2, the terms "radio," "radio broadcast," and "broadcast," are defined to include both visual and sound radio broadcasting.

5. Nothing in this section contained shall deprive any such owner, licensee or operator, or the agent or employee thereof, of any rights under any other section of this part 2.

[NARTB, General Counsel's Office, April 1952]

COLORADO

1935 Colorado Statutes Annotated

SECTION 1. OWNER OR OPERATOR OF BROADCASTING STATION NOT LIABLE FOR DE FAMATORY STATEMENTS.-The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations and the agent or employees of any such owner, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee, or operator or agent or employee thereof if in any action brought to recover such damages, such owner,

licensee, or operator, or agent or employee thereof alleges and proves that he exercised due care to prevent the publication or utterance of such statement in such broadcast: Provided, however, That, in no event, shall any owner, licensee, or operator, or the agents or employees of any such owner, licensee, or operator of such station or network of stations, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network of stations, by any candidate for public office, or by any other person speaking for, or on behalf of any candidate for public office where, by any Federal law, rule or regulation, censorship of such political statements in advance of such utterance or publication is prohibited.

[NARTB, Legal Department, April 1955]

CONNECTICUT

Enacted 1955

SECTION 1. The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, licensee or operator of such a station or network of stations, shall not be liable for any damages for any defamatory statement uttered over the facilities of such stations or network by or on behalf of a candidate for public office or by any other person; but this act shall not apply to any such owner, licensee, operator, agent, or employee who willfully, knowingly, and with intent to defame participates in such broadcast.

SEC. 2. This act shall take effect from its passage.
Effective April 19, 1955.

[NARTB, General Counsel's Office, April 1952]

FLORIDA

Florida Statutes Annotated

SEC. 770.01. NOTICE CONDITION PRECEDENT TO ACTION OR PROSECUTION FOR LIBEL.-Before any civil action is brought for publication, in a newspaper or periodical, of a libel, the plaintiff shall, at least five days before instituting such action, serve notice in writing on defendant, specifying the article, and the statements therein which he alleges to be false and defamatory.

SEC. 770.02. CORRECTION, APOLOGY OR RETRACTION BY NEWSPAPERS.-If it ap pears upon the trial that said article was published in good faith, that its falsity was due to an honest mistake of the facts, and that there were reasonable grounds for believing that the statements in said article were true, and that within ten days after the service of said notice a full and fair correction, apology and retraction was published in the same editions or corresponding issues of the newspaper or periodical in which said article appeared, and in as conspicuous place and type as was said original article, then the plaintiff in such case shall recover only actual damages.

SEC. 770.03. CIVIL LIABILITY OF RADIO BROADCASTING STATIONS, ETC.-The owner, lessee, licensee, or operator of a radio broadcasting station shall have the right, but shall not be compelled, to require the submission of a written copy of any statement intended to be broadcast over such station 24 hours before the time of the intended broadcast thereof; and when such owner, lessee, licensee, or operator has so required the submission of such copy, such owner, lessee, licensee, or operator shall not be liable in damages for any libelous or slanderous utterance made by or for the person or party submitting a copy of such proposed broadcast which is not contained in such copy; but this section shall not be construed to relieve the person or party, or the agents or servants of such person or party, making any such libelous or slanderous utterance from liability therefor. As Amended Laws 1941, C. 20869, § 1.

SEC. 770.04. CIVIL LIABILITY OF RADIO OR TELEVISION BROADCASTING STATIONS; CARE TO PREVENT PUBLICATION OR UTTERANCE REQUIRED.-The owner, licensee, or operator of a radio or television broadcasting station, and the agents or employees of any such owner, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a radio or television broadcast, by one other than such owner, licensee, or

operator, or general agent or employee thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator, general agent, or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast: Provided, however, The exercise of due care shall be construed to include the bona fide compliance with any federal law or the regulation of any federal regulatory agency.

[NARTB, General Counsel's Office, April 1952]

GEORGIA

Code of Georgia Annotated

SEC. 105-712. RADIO BROADCASTING STATIONS; LIABILITY FOR DEFAMATORY STATEMENTS. The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee, or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee or operator, or agent, or employee thereof, unless it shall be alleged and proved by the complaining party that such owner, licensee, operator, or such agent or employee has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast. SEC. 105-713. SAME; LIABILITY FOR POLITICAL BROADCASTS.-In no event, however, shall any owner, licensee, or operator or the agents or employees of any such owner, licensee, or operator of such a station or network of stations be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by or on behalf of any candidate for public office.

SEC. 105-714. SAME; DAMAGES ALLOWABLE.-In any action for damages for any defamatory statement published or uttered in or as part of a visual or sound radio broadcast, the complaining party shall be allowed only such actual consequential, or punitive damages as have been alleged and proved.

IDAHO

Enacted 1953

An Act Relating to defamation by radio and telecasting, and exempting broadcasters therefrom under certain circumstances

Be it enacted by the Legislature of the State of Idaho:

SECTION 1. The owner, licensee, or operator of a visual or sound radio broadcasting station, or network of stations, or agents or employees of any such owner, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of any visual or sound radio broadcast by or on behalf of any candidate for public office: Provided, however, That this exemption from liability shall not apply to any owner, licensee, or operator, or agent or employee of any owner, licensee, or operator of such visual or sound radio broadcasting station, or network of stations, when such owner, licensee, or operator, or agent or employees of the owner, licensee, or operator of such visual or sound radio broadcasting station is a candidate for public office or speaking on behalf of a candidate for public office.

[NARTB, General Counsel's Office, April 1952]

IOWA

Iowa Code Annotated

SEC. 659.5. DEFAMATORY STATEMENT BY RADIO.-The owner, lessee, licensee, or operator of a radio broadcasting station, and the agents or employees of any such owner, lessee, licensee, or operator shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a radio broadcast, by one other than such owner, lessee, licensee, or operator, or agent, or employee thereof, if such owner, lessee, licensee, operator, agent, or employee shall prove

the exercise of due care to prevent the publication or utterance of such statement in such broadcast.

NOTE.-Defamation, liability of radio broadcasting company for "ad lib" remarks of entertainers. Jan. 1940, 25 Iowa Law Rev. 385, 387.

Defamation of a group, rights of member of defamed group to maintain libel action. Nov. 1936, 22 Iowa Law Rev. 159.

Political candidates, liability for libel of broadcasting company which is denied the right by the Federal Radio Commission to censor material broadcast for candidates for public office. Nov. 1932, 18 Iowa Law Rev. 98.

Right of privacy, invasion by radio broadcast. Jan. 1940, 25 Iowa Law Rev. 387. In this review, the case of Mau v. Rio Grande Oil, Inc., 28 Supp. 845, is discussed.

Defamation by radio, R. C. Donnelly, Nov. 1948, 34 Iowa Law Rev. 12.

[NARTB, Legal Department, April 1953]

KANSAS

House Bill No. 75

AN ACT Relating to defamation by means of radio and limiting liability therefor, amending section 60-746a of the General Statutes of 1949, and repealing said original section

Be it enacted by the Legislature of the State of Kansas:

SECTION 1. Section 60-746a of the General Statutes of 1949 is hereby amended to read as follows:

"SEC. 60-746a. The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any owner, licensee, or operator, shall not be liable for any damages for any defamatory statement or matter published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee, or operator, or agent or employee thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement or matter in such broadcast: Provided, however, That, in no event, shall any owner, licensee, or operator, or the agents or employees of any such owner, licensee, or operator of such station or network of stations, be held liable for any damages for any defamatory statement or matter uttered over the facilities of such station or network of stations, by any candidate for public office, or by any other person speaking for or on behalf of, any candidate for public office where by any federal law, rule or regulation, consorship of such political statements in advance of such utterance or publication is prohibited."

SEC. 2. Section 60-746a of the General Statutes of 1949 is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its publication in the official state paper.

Effective April 15, 1953.

[NARTB, General Counsel's Office, May 1952]

LOUISIANA

West's Louisiana Revised Statutes (1951)

Title 45

SEC. 1351. CIVIL LIABILITY OF STATION OWNERS, LICENSEES, OR OPERATORS FOR DEFAMATION.-The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensees, or operator shall not be liable for damages for defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee, or operator, or agent, or employee thereof, unless it shall be alleged and proved by the complaining party that such owner, licensee, operator or such agent or employee has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.