Bill introduced to create crime for malicious lies
Punishment would be up to $100,000 fine and up to five years in prison
BOISE — House Speaker Mike Moyle on Friday introduced a bill to make it a felony crime to knowingly communicate a false statement about another person.
“I’m a firm believer in our First Amendment right, but I also believe that our founding fathers did not include in the First Amendment as being able to lie about somebody,” Moyle said.
He provided the example about how it would be illegal to yell “fire” in a crowded room if there wasn’t a fire.
The penalty under the bill would be up to $100,000 fine, up to five years in prison, or both prison and a fine. The bill would also allow the attorney general or county prosecuting attorney pursue charges if the statement is made about a state elected official or state employee in regard to their official conduct.
Someone convicted of “criminal libel” under the bill would also be responsible to provide restitution to the victim for specific costs incurred or loss as result of the false statement.
The House State Affairs Committee unanimously introduced the bill, although Rep. Bruce Skaug, R-Nampa, said he would like a legal analysis around the potential First Amendment issues with it.
“My concern is that if you make every liar a felon, then we’re going to be in a lot of trouble, not enough room in our jails,” Skaug said.
The bill would prohibit a person from “with actual malice” to publish a false statement about another person. The bill defines “actual malice,” as knowing the statement is false or with reckless disregard as to whether or not the statement is false.
The bill defines “publish” as to “communicate to a person or persons.”
Currently, libel in Idaho code is defined as “malicious defamation” which is expressed in order to “blacken the memory of one who is dead, or to impeach the honesty, integrity, virtue or reputation, or publish the natural or alleged defects, of one who is alive, and thereby to expose him to public hatred, contempt or ridicule.”
The punishment is a fine of up to $5,000 or confinement in county jail for up to six months.
In criminal libel proceedings, the truth can be provided as evidence to the jury, “and if it appears to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted,” according to current code.
Typically, in libel proceedings, a plaintiff must show that the false information was “defamatory” and harmed their reputation.
The bill is now cleared for a full public hearing.
Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.
