Frequently Asked Questions about Libel and Slander in California Political Campaigns

Frequently Asked Questions about Libel and Slander in California Political Campaigns By Chris Micheli

            Does California law address the torts of libel and slander in political campaigns? Yes, the California Elections Code has a section of law concerning libel and slander in election campaigns.

Where is the applicable law found? It is contained in Division 20, Chapter 6, Section 20500, which actually incorporates the provisions of Part 2 (commencing with Section 43) of Division 1 of the Civil Code, relating to libel and slander and applies these provisions to any campaign advertising or communication.

            On what basis is liability imposed? Elections Code Section 20501 makes a candidate or state measure proponent liable for any slander or libel committed by a committee that is controlled by that candidate, or state measure proponent, if the candidate or state measure proponent willfully and knowingly directs or permits the libel or slander.

            What is the impact of retracting a communication on damages being awarded? Elections Code Section 20502 provides that, 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, is admissible in evidence in the exemplary damages phase of a bifurcated trial.

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