HF 149 (LSB 1687YH (2) 89)

HOUSE FILE 149

BY  MITCHELL

A BILL FOR

An Act relating to the publication of defamatory political advertisements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 68A.302, subsection 2, Code 2021, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  l.  Publication of published material that disparages or expressly advocates against a candidate or ballot measure if that published material includes a defamatory falsehood made with actual malice. For the purposes of this paragraph, “published material” means the same as defined in section 68A.405. Section 68A.701 shall not apply to this paragraph.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits candidates and candidates’ committees from using campaign funds on the publication of published material that disparages or expressly advocates against a candidate or ballot measure if the published material contains a defamatory falsehood made with actual malice. The bill is exempted from the provisions of Code section 68A.701 (penalty).