Bill:

After reading a number of comments regarding the earlier bill at issue, I recognized that the current statute regarding defamation would benefit from an amendment to cover online postings. I appreciate the constructive debate that this matter has brought to our current statutory framework regarding free speech issues. I asked our office of legal services to draft a bill to amend TCA 29-24-103 to include internet postings. The fact that both subsections of that section were not included in the original draft was an oversight on my part. Obviously, it would not make sense to amend one and not the other. Additionally, the particular language employed in the proposed change may not cover the matter as completely as it could or should. This is another example of how our current statutory framework and language struggle to keep pace with advances in technology, which move at light speed compared to changes in the law. As you well know, we face a filing deadline for proposed legislation, and often times, a bill is filed knowing that an amendment to it will follow. Such is the case here. In addition to amending the statute to cover both subsections, I intend to cover all internet postings. Perhaps the language "posted on the Internet" could be improved to accomplish that intent. Perhaps we should just define periodical to include explicitly online postings. I would welcome any suggestions that you or others may have in that regard. Thanks again for all you do.

Rob Briley