Amends existing law to provide for punitive damages in cases of libel per se and slander per se.

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-	11
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

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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

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