This bill aims to codify the United States Supreme Court ruling from *New York Times Co. v. Sullivan* (1964), which established that public officials must demonstrate actual malice in defamation suits related to their official conduct. Specifically, the bill stipulates that a public official cannot recover damages unless they prove that the defamatory statement was false and made with actual malice, defined as the defendant's knowledge of the statement's falsity or reckless disregard for its truth. Additionally, the bill reinforces the principle that proving the truth of the statement serves as an absolute defense against recovery by the public official.
The legislation emphasizes the importance of protecting free speech, particularly in discussions about public issues, which may involve harsh criticism of government and public officials. By incorporating these legal standards, the bill seeks to ensure that debates remain open and vigorous, aligning with First Amendment protections. The act is set to take effect immediately upon passage.