Bill > H0306

This bill repeals the existing Chapter 48 of Title 18 in Idaho Code and replaces it with a new chapter focused on criminal libel, providing a legal framework to address malicious false statements. The legislation defines criminal libel as publishing a false statement about another person with actual malice, which means either knowingly spreading a false statement or showing reckless disregard for its truthfulness. The bill establishes significant penalties for committing criminal libel, including potential fines up to $100,000, imprisonment in the state penitentiary for up to five years, or both. It also allows courts to order restitution to victims for specific costs incurred due to the libel. The bill provides jurisdiction for prosecution, with county prosecuting attorneys handling most cases and the attorney general handling cases involving state officers or employees related to their official conduct. The legislative findings emphasize the harm of malicious lies in the social media era and cite a Supreme Court case suggesting that such statements have minimal social value and can undermine democratic processes. The new law is set to take effect on July 1, 2025, with an emergency clause indicating the immediate importance of the legislation.

State Affairs Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0306/