California Civil Code. California

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СКАЧАТЬ of example and by way of punishing a defendant who has made the publication or broadcast with actual malice.

      (d) “Actual malice” is that state of mind arising from hatred or ill will toward the plaintiff; provided, however, that such a state of mind occasioned by a good faith belief on the part of the defendant in the truth of the libelous publication or broadcast at the time it is published or broadcast shall not constitute actual malice.

      5. For purposes of this section, a “daily or weekly news publication” means a publication, either in print or electronic form, that contains news on matters of public concern and that publishes at least once a week.

      (Amended by Stats. 2015, Ch. 343, Sec. 2. Effective January 1, 2016.)

      48.5. (1) The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement or matter published or uttered in or as a part of a visual or sound radio broadcast by one other than such owner, licensee or operator, or agent or employee thereof, if it shall be alleged and proved by such owner, licensee or operator, or agent or employee thereof, that such owner, licensee or operator, or such agent or employee, has exercised due care to prevent the publication or utterance of such statement or matter in such broadcast.

      (2) If any defamatory statement or matter is published or uttered in or as a part of a broadcast over the facilities of a network of visual or sound radio broadcasting stations, the owner, licensee or operator of any such station, or network of stations, and the agents or employees thereof, other than the owner, licensee or operator of the station, or network of stations, originating such broadcast, and the agents or employees thereof, shall in no event be liable for any damages for any such defamatory statement or matter.

      (3) In no event, however, shall any owner, licensee or operator of such station or network of stations, or the agents or employees thereof, be liable for any damages for any defamatory statement or matter published or uttered, by one other than such owner, licensee or operator, or agent or employee thereof, in or as a part of a visual or sound radio broadcast by or on behalf of any candidate for public office, which broadcast cannot be censored by reason of the provisions of federal statute or regulation of the Federal Communications Commission.

      (4) As used in this Part 2, the terms “radio,” “radio broadcast,” and “broadcast,” are defined to include both visual and sound radio broadcasting.

      (5) Nothing in this section contained shall deprive any such owner, licensee or operator, or the agent or employee thereof, of any rights under any other section of this Part 2.

      (Added by Stats. 1949, Ch. 1258.)

      48.7. (a) No person charged by indictment, information, or other accusatory pleading of child abuse may bring a civil libel or slander action against the minor, the parent or guardian of the minor, or any witness, based upon any statements made by the minor, parent or guardian, or witness which are reasonably believed to be in furtherance of the prosecution of the criminal charges while the charges are pending before a trial court. The charges are not pending within the meaning of this section after dismissal, after pronouncement of judgment, or during an appeal from a judgment.

      Any applicable statute of limitations shall be tolled during the period that such charges are pending before a trial court.

      (b) Whenever any complaint for libel or slander is filed which is subject to the provisions of this section, no responsive pleading shall be required to be filed until 30 days after the end of the period set forth in subdivision (a).

      (c) Every complaint for libel or slander based on a statement that the plaintiff committed an act of child abuse shall state that the complaint is not barred by subdivision (a). A failure to include that statement shall be grounds for a demurrer.

      (d) Whenever a demurrer against a complaint for libel or slander is sustained on the basis that the complaint was filed in violation of this section, attorney’s fees and costs shall be awarded to the prevailing party.

      (e) Whenever a prosecutor is informed by a minor, parent, guardian, or witness that a complaint against one of those persons has been filed which may be subject to the provisions of this section, the prosecutor shall provide that person with a copy of this section.

      (f) As used in this section, child abuse has the meaning set forth in Section 11165 of the Penal Code.

      (Added by Stats. 1981, Ch. 253, Sec. 1.)

      48.8. (a) A communication by any person to a school principal, or a communication by a student attending the school to the student’s teacher or to a school counselor or school nurse and any report of that communication to the school principal, stating that a specific student or other specified person has made a threat to commit violence or potential violence on the school grounds involving the use of a firearm or other deadly or dangerous weapon, is a communication on a matter of public concern and is subject to liability in defamation only upon a showing by clear and convincing evidence that the communication or report was made with knowledge of its falsity or with reckless disregard for the truth or falsity of the communication. Where punitive damages are alleged, the provisions of Section 3294 shall also apply.

      (b) As used in this section, “school” means a public or private school providing instruction in kindergarten or grades 1 to 12, inclusive.

      (Added by Stats. 2001, Ch. 570, Sec. 1. Effective January 1, 2002.)

      48.9. (a) An organization which sponsors or conducts an anonymous witness program, and its employees and agents, shall not be liable in a civil action for damages resulting from its receipt of information regarding possible criminal activity or from dissemination of that information to a law enforcement agency.

      (b) The immunity provided by this section shall apply to any civil action for damages, including, but not limited to, a defamation action or an action for damages resulting from retaliation against a person who provided information.

      (c) The immunity provided by this section shall not apply in any of the following instances:

      (1) The information was disseminated with actual knowledge that it was false.

      (2) The name of the provider of the information was disseminated without that person’s authorization and the dissemination was not required by law.

      (3) The name of the provider of information was obtained and the provider was not informed by the organization that the disclosure of his or her name may be required by law.

      (d) As used in this section, an “anonymous witness program” means a program whereby information relating to alleged criminal activity is received from persons, whose names are not released without their authorization unless required by law, and disseminated to law enforcement agencies.

      (Added by Stats. 1983, Ch. 495, Sec. 1.)

      49. The rights of personal relations forbid:

      (a) The abduction or enticement of a child from a parent, or from a guardian entitled to its custody;

      (b) The seduction of a person under the age of legal consent;

      (c) Any injury to a servant which affects his ability to serve his master, other than seduction, abduction or criminal conversation.

      (Amended by Stats. 1939, Ch. 1103.)

      [50.] Section СКАЧАТЬ