Bill Text: IN HB1389 | 2011 | Regular Session | Introduced

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Bill Title: Defamation actions involving use of the Internet.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Judiciary [HB1389 Detail]

Download: Indiana-2011-HB1389-Introduced.html

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Introduced Version

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HOUSE BILL No. 1389

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 34-15-6.

Synopsis: Defamation actions involving use of the Internet. Provides that each person who is responsible, in whole or in part, for the creation or development of information that is: (1) posted, published, or otherwise disseminated using an interactive computer service; and (2) subject to an action for libel or slander; may be joined as a defendant in the action and is jointly and severally liable for any damages awarded to the plaintiff who brought the action.

Effective: July 1, 2011.

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Heuer, Borders, Koch

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    January 18, 2011, read first time and referred to Committee on Judiciary.

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Introduced

First Regular Session 117th General Assembly (2011)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1389

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    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 34-15-6; (11)IN1389.1.1. -->     SECTION 1. IC 34-15-6 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]:
     Chapter 6. Defamation Actions Involving Interactive Computer Services
    Sec. 1. This chapter applies only to a cause of action that accrues after June 30, 2011.
    Sec. 2. (a) As used in this chapter, "interactive computer service" means an Internet service, an information service, a system, or an access software provider that provides or enables computer access to a computer served by multiple users.
    (b) The term includes the following:
        (1) A service or system that provides access or is an intermediary to the Internet.
        (2) A system operated or services offered by a library, school, state educational institution, or private postsecondary educational institution.

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    Sec. 3. Each person who is responsible, in whole or in part, for the creation or development of information that is:
        (1) posted, published, or otherwise disseminated using an interactive computer service; and
        (2) subject to an action for libel or slander;
may be joined as a defendant in the action and is jointly and severally liable for any damages awarded to the plaintiff who brought the action.