Maine LD 923: An Act To Enact The Stop Guilt By Accusation Act

Bill Text

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130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 923
H.P. 679 House of Representatives, March 8, 2021
An Act To Enact the Stop Guilt by Accusation Act
(EMERGENCY)
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative SAMPSON of Alfred.
Cosponsored by Senator DAVIS of Piscataquis and
Representatives: DRINKWATER of Milford, LIBBY of Auburn, LYMAN of Livermore Falls,
RUDNICKI of Fairfield.

Page 1 - 130LR0823(01)
1 Emergency preamble. Whereas, acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3 Whereas, the First Amendment of the United States Constitution asserts that the
4 government "shall make no law abridging the freedom of the press"; and
5 Whereas, freedom of the press in the United States is not absolute and is subject to
6 certain restrictions; and
7 Whereas, the State has a compelling interest to require the press to promote objective
8 truth for the sake of the viability of democracy and to promote the safety, health and welfare
9 of our communities; and
10 Whereas, there has been a growing trend for individuals to use the courts to file
11 spurious claims, which are selectively reported on by the media, to the detriment of the
12 accused party; and
13 Whereas, the pattern of media outlets failing to report on the ultimate outcome of
14 cases has eroded the community's trust in the integrity of government institutions; and
15 Whereas, the State has a compelling interest to promote the truth because without
16 truth, there is no freedom; and
17 Whereas, in the judgment of the Legislature, these facts create an emergency within
18 the meaning of the Constitution of Maine and require the following legislation as
19 immediately necessary for the preservation of the public peace, health and safety; now,
20 therefore,
21 Be it enacted by the People of the State of Maine as follows:
22 Sec. 1. 10 MRSA c. 232 is enacted to read:
23 CHAPTER 232
24 STOP GUILT BY ACCUSATION ACT
25 §1500-M. Short title
26 This chapter may be known and cited as "the Stop Guilt by Accusation Act."
27 §1500-N. Purpose
28 1. Purpose. The purpose of this Act is to:
29 A. Prevent media outlets from engaging in defamation in kind and degrading the
30 integrity of the State's institutions through selective reporting on cases or controversies,
31 thereby cultivating false narratives that injure the accused by causing them to be subject
32 to suspicion of wrongdoing by the general public;
33 B. Protect the integrity of the press and encourage good character of the press;
34 C. Deter malicious prosecution, abuse of process, overcharging by prosecutors and
35 lawsuits seeking excessive relief; and
36 D. Avoid condemnation of the accused by the general public.

Page 2 - 130LR0823(01)
1 §1500-O. Definitions
2 As used in this chapter, unless the context otherwise indicates, the following terms
3 have the following meanings.
4 1. Abuse of process. "Abuse of process" means the act of bringing a civil or criminal
5 action for a purpose known to be different from the purpose for which the action was
6 purportedly intended, including proceedings brought for reasons other than those sought
7 on the surface of the complaint.
8 2. Accused. "Accused" means a person, including a suspect, respondent or defendant,
9 who is blamed for a wrongdoing before a civil court, ethics commission, criminal court,
10 administrative court or military tribunal, including a person who has been arrested or
11 formally charged with a crime or ethics violation.
12 3. Case or controversy. "Case or controversy" means any civil, criminal or ethics
13 proceeding before any state court, federal court, administrative court, ethics commission,
14 military tribunal or legislative body.
15 4. Defamation in kind. "Defamation in kind" means a false and unprivileged
16 statement of fact that is harmful to an individual's reputation and that is published
17 negligently or with malice, arising from the failure of a media outlet to report on the
18 outcome of a case or controversy after the media outlet reported on the initial filings in a
19 case or controversy in which the petitioner received less relief than originally sought or
20 could have obtained and that could reasonably place the accused in a false light that causes
21 the accused to be avoided, marginalized and shunned by the general public.
22 5. False light. "False light" means an untrue or misleading portrayal of an individual.
23 6. Malicious prosecution. "Malicious prosecution" means the act of initiating a
24 criminal prosecution or civil suit or other proceeding against another party with malice and
25 lacking probable cause.
26 7. Media outlet. "Media outlet" means a publication or broadcast program, including
27 a newspaper, magazine, radio station or television station or an Internet website controlled
28 by any of those