This bill repeals the existing Chapter 48 of Title 18 of the Idaho Code, which pertains to libel, and introduces a new Chapter 48 that specifically addresses the crime of criminal libel. The new chapter includes legislative findings that highlight the dangers of malicious lies in the age of social media, the limited deterrent effect of traditional tort law, and the lack of constitutional protection for such lies as established by the U.S. Supreme Court. The intent of the legislature is to protect Idahoans from the harm caused by these malicious statements.

Under the new provisions, a person can be charged with criminal libel if they publish a false statement about another individual with actual malice, which is defined as knowing the statement is false or acting with reckless disregard for its truth. Penalties for criminal libel include a felony charge, fines up to $100,000, and imprisonment for up to five years. Additionally, the court may order restitution to victims for costs incurred due to the libel. Jurisdiction for prosecution is generally granted to the county prosecuting attorney, but the attorney general can prosecute cases involving state officers or employees concerning their official conduct. The bill declares an emergency, making it effective on July 1, 2025.