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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
851
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
LIBEL
AND
SLANDER;
AMENDING
SECTION
6
-
712,
IDAHO
CODE,
TO
PRO
-
2
VIDE
FOR
PUNITIVE
DAMAGES
IN
CASES
OF
LIBEL
PER
SE
AND
SLANDER
PER
SE,
3
TO
DEFINE
A
TERM,
AND
TO
MAKE
A
TECHNICAL
CORRECTION;
AND
DECLARING
AN
4
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Section
6
-
712,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
6
-
712.
RETRACTION
BY
NEWSPAPER,
RADIO
OR
TELEVISION
BROADCASTING
STA
-
9
TION
OR
NETWORK
OF
STATIONS
-
-
LIMIT
OF
RECOVERY.
(1)
In
Except
as
provided
10
in
subsection
(2)
of
this
section,
in
any
action
for
damages
for
the
publi
-
1
1
cation
of
a
libel,
in
a
newspaper,
or
of
a
slander
or
libel
by
radio
or
tele
-
12
vision
broadcast,
plaintiff
shall
recover
no
more
than
actual
damages
unless
13
a
correction
be
demanded
and
be
not
published
or
broadcast,
as
hereinafter
14
provided.
Plaintiff
shall
serve
upon
the
publisher,
at
the
place
of
publi
-
15
cation
or
broadcaster
at
the
place
of
broadcast,
a
written
notice
specify
-
16
ing
the
statements
and
the
manner
in
which
said
statements
are
claimed
to
be
17
slanderous
or
libelous
and
demanding
that
the
same
be
corrected.
Said
notice
18
and
demand
must
be
served
within
twenty
(
20
)
days
after
knowledge
of
the
pub
-
19
lication
or
broadcast
of
the
statement
claimed
to
be
slanderous
or
libelous.
20
If
a
correction
be
demanded
within
said
period
and
be
not
published
or
broad
-
21
cast
in
substantially
as
conspicuous
a
manner
in
said
newspaper
or
on
said
22
radio
or
television
broadcasting
station
as
were
the
statements
claimed
to
23
be
slanderous
or
libelous,
in
a
regular
issue
thereof
published
or
broad
-
24
cast
within
three
(3)
weeks
after
such
service,
plaintiff,
if
he
proves
such
25
notice,
demand
and
failure
to
correct,
and
if
his
cause
of
action
be
main
-
26
tained,
may
recover
general,
actual
and
exemplary
damages;
provided
that
27
no
exemplary
damages
may
be
recovered
unless
the
plaintiff
shall
prove
that
28
defendant
made
the
publication
or
broadcast
with
actual
malice,
and
actual
29
malice
shall
not
be
inferred
or
presumed
from
the
publication
or
broadcast.
30
A
correction
published
or
broadcast
in
substantially
as
conspicuous
a
manner
31
in
said
newspaper
or
on
said
broadcasting
station
as
the
statements
claimed
32
in
the
complaint
to
be
defamatory,
prior
to
receipt
of
a
demand
therefor,
33
shall
be
of
the
same
force
and
effect
as
though
such
correction
has
been
pub
-
34
lished
or
broadcast
within
three
(3)
weeks
after
a
demand
therefor.
35
(2)
In
any
action
for
damages
for
the
publication
of
a
libel
in
a
news
-
36
paper
or
of
a
slander
or
libel
by
a
radio
or
television
broadcast
that
con
-
37
stitutes
libel
per
se
or
slander
per
se,
a
plaintiff
may
recover
punitive
38
damages
regardless
of
whether
a
retraction
has
been
published
or
broadcast.
39
As
used
in
this
section,
"libel
per
se
or
slander
per
se"
means
a
malicious
40
defamation,
as
described
in
section
18
-
4801,
Idaho
Code,
that
is
knowingly
41
2
and
deliberately
false,
or
in
reckless
disregard
of
the
truth,
without
re
-
1
gard
to
context.
2
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
3
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
4
July
1,
2026.
5