HB1635: Defamation; statute of limitations, actions involving Internet.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 8.01-247.1 of the Code of Virginia, relating to statute of limitation on defamation.
[H 1635]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-247.1 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-247.1. Limitation on action for defamation, etc.

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within one year after the cause of action accrues.

If a publisher of statements actionable under this section publishes anonymously or under a false identity on the Internet, an action may be filed under this section and the statute of limitations shall be tolled until the identity of the publisher is discovered or, by the exercise of due diligence, reasonably should have been discovered.


HOUSE BILL NO. 1635
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on January 28, 2015)
(Patron Prior to Substitute--Delegate Albo)
A BILL to amend and reenact § 8.01-247.1 of the Code of Virginia, relating to statute of limitation on defamation.

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-247.1 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-247.1. Limitation on action for defamation, etc.

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within one year after the cause of action accrues.

If a publisher of statements actionable under this section publishes anonymously or under a false identity on the Internet, an action may be filed under this section and the statute of limitations shall be tolled until the identity of the publisher is discovered or, by the exercise of due diligence, reasonably should have been discovered.

HOUSE BILL NO. 1635

Offered January 14, 2015
Prefiled January 8, 2015
A BILL to amend and reenact § 8.01-247.1 of the Code of Virginia, relating to statute of limitation on defamation.
Patron-- Albo

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-247.1 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-247.1. Limitation on action for defamation, etc.

Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within one year two years after the cause of action accrues.

For actions under this section involving defamation via the Internet, as defined in § 8.01-49.1, where the identity of the party against whom the action is being brought is unknown, the statute of limitations shall be tolled against an unknown defendant, on motion for good cause, any time after the case is filed.