The provisions of Part 2 (commencing with Section 43) of Division 1 of the Civil Code, relating to libel and slander, are fully applicable to any campaign advertising or communication.
Chapter 6Libel and Slander
Section § 20500
This law states that the rules about libel and slander, which are defamation laws, apply to any campaign advertising or communication. This means if someone lies or falsely accuses someone in campaign materials, they can be held responsible under these defamation laws.
campaign advertising communication libel slander defamation false accusations campaign materials civil liability truth in advertising political campaigns legal responsibility misleading statements electoral communications
Section § 20501
This law says that if a candidate or someone backing a state measure has control over a committee and they knowingly allow that committee to spread false and harmful statements, they are responsible for the damage caused. Similarly, if a person sponsors a committee and they knowingly let it make defamatory statements, they are also held accountable.
(a)CA Elections Code § 20501(a) A candidate or state measure proponent is liable for any slander or libel committed by a committee that is controlled by that candidate or state measure proponent as defined by Section 82016 of the Government Code if the candidate or state measure proponent willfully and knowingly directs or permits the libel or slander.
(b)CA Elections Code § 20501(b) A person who is a sponsor of a sponsored committee, as defined by Section 82048.7 of the Government Code, is liable for any slander or libel committed by the sponsored committee if the sponsor willfully and knowingly directs or permits the libel or slander.
candidate liability state measure proponent controlled committee slander libel committee responsibility sponsored committee sponsor liability defamation knowingly permits false statements harmful statements political committees Government Code Section 82016 Government Code Section 82048.7
Section § 20502
This law applies when a candidate sues for libel or slander during a campaign. It allows the court to consider whether the accused party attempted to retract or correct the statement when deciding on extra damages (other than actual damages), called exemplary damages, if the trial is split into parts. This legal option is in addition to any other legal remedies a candidate might have.
(a)CA Elections Code § 20502(a) In any action for libel or slander brought by a candidate, the willingness or unwillingness of the defendant to retract or correct a communication made in the course of a campaign, and his or her action in doing so, shall be admissible in evidence in the exemplary damages phase of a bifurcated trial.
(b)CA Elections Code § 20502(b) The remedy provided by this section is in addition to any other remedy provided by law.
libel slander candidate campaign communication retraction correction exemplary damages bifurcated trial admissible evidence defamation campaign legal remedies damage recovery court evidence defendant actions
