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COMMITTEE REPORT
February 22, 2006
H. 4289
S. Printed 2/22/06--H.
Read the first time January 10, 2006.
To whom was referred a Bill (H. 4289) to amend Section 16-7-150, Code of Laws of South Carolina, 1976, relating to slander and libel, so as to delete the malicious intent standard and provide, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting in its entirety SECTION 1, page 1, beginning on line 19, and inserting:
/ SECTION 1. Section 16-7-150 of the 1976 Code is repealed. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 16-7-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SLANDER AND LIBEL, SO AS TO DELETE THE MALICIOUS INTENT STANDARD AND PROVIDE FOR AN ACTUAL MALICE STANDARD REQUIRING KNOWLEDGE THAT A STATEMENT IS FALSE OR MADE WITH RECKLESS DISREGARD FOR WHETHER THE STATEMENT IS FALSE.
SECTION 1. Section 16-7-150 of the 1976 Code is amended to read:
"Section 16-7-150. (A) As used in this section, 'actual malice' means a statement made with knowledge that the statement is false or with reckless disregard for whether the statement is false.
(B) Any A person who shall, with malicious intent originate, utter, circulate or publish any actual malice, intentionally originates, utters, circulates, or publishes a false statement or matter concerning another the effect of which shall tend to injure such injures another person in his character or reputation shall be is guilty of a misdemeanor and, upon conviction therefor, be subject to punishment by fine must be fined not to exceed more than five thousand dollars or by imprisonment for a term not exceeding imprisoned not more than one year, or by both fine and imprisonment, in the discretion of the court; provided, that nothing herein shall be construed to abridge any right any person may have by way of an action for damages for libel or slander under the existing law. The criminal penalty provided in this section does not preclude another civil penalty that may be provided by law."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor.
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