This bill seeks 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 can only recover damages if they prove that the allegedly 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 officials and government actions, aligning with the First Amendment's intent to promote open and vigorous debate on public issues. The bill is designed to ensure that public discourse remains robust and uninhibited, even when it involves sharp criticisms of public figures. The act is set to take effect immediately upon passage.