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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
Senate: JUDE DPA/SE 4-3-0-0 | Third Read 16-12-2-0-0House: JUD DP 6-2-0-1 |
SB 1099: defamation; elements; review
Sponsor: Senator Carroll, LD 28
Caucus & COW
Overview
Establishes statutory elements for determining if a person has committed an act of defamation, with varying requirements based on if the person is a private or public figure and if the matter is of private or public concern.
History
Currently, the general elements of defamation are not provided in statute, with courts using the traditional common-law definition to adjudicate defamation cases. However, the Civil Jury Instruction Committee of the State Bar of Arizona does provide instructions to juries that outline the elements of defamation.
For defamation cases involving suits by public figures or public officials or suits involving a matter of public concern juries are instructed that the plaintiff must prove by clear and convincing evidence that the defendant acted with actual malice, i.e., that the defendant knew that the statement was false or acted in reckless disregard of whether it was true or false. For all other cases, a common-law negligence standard applies. In both actual malice cases and negligence cases, juries are also instructed that the plaintiff must also show by a preponderance of the evidence that:
1. the defendant made, said, or wrote a defamatory statement of fact about plaintiff;
2. the statement was false;
3. the defendant made, said, or wrote the statement to a third person; and
4. the statement caused the plaintiff's reputation to be damaged (RAJIs (Civil) 5th ed., Defamation Instructions).
While no general elements of defamation are in statute, the elements for defamation against an employer are defined. A person commits defamation of an employer by doing all of the following:
1. maliciously making a false statement about the employer to a third party without privilege;
2. knowingly, recklessly or negligently disregarding the falsity of the statement;
3. causing damage to the employer by the false statement (A.R.S. § 23-1325).
Provisions
1. Establishes that a person commits defamation if the plaintiff is a private figure, the matter is of private or public concern and the plaintiff shows all the following exist:
a. the person publishes a statement that is:
i. provable as false; or
ii. reasonably perceived as stating actual facts about the plaintiff rather than imaginative expression or rhetorical hyperbole;
b. the person makes the statement with knowledge of its falsity, acts with reckless disregard of the statement's falsity or negligently fails to ascertain the statements falsity; and
c. the statement, when examined within the full context in which it was made, injures the plaintiffs reputation by doing any of the following:
i. identifying the plaintiff by name;
ii. including a description of or reference to the plaintiff so that those who hear or read the statement reasonably understand the plaintiff to be the subject of the message; or
iii. implying a clearly defamatory meaning that, when examined within its context, causes the average person to perceive a defamatory message. (Sec. 1)
2. Establishes that a person commits defamation if the plaintiff is a public figure, the matter is of public concern and the plaintiff shows all the aforementioned elements, except that the plaintiff must prove either that the person makes the statement with knowledge of its falsity or acts with reckless disregard of the statement's falsity. (Sec. 1)
3. Stipulates that if a plaintiff brings a defamation suit under this legislation involving a statement that was published on the internet, the suit must be brought within one year of the date the defendant removes the defamatory statement from the internet site or internet-based platform where the statement was originally made. (Sec. 1)
4. Defines pertinent terms. (Sec. 1)
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Initials NM/NP SB 1099
3/11/2026 Page 0 Caucus & COW
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