34 U.S.C. § 20505 — Limitation on liability
submitted 23 years ago by Pub. L. 108-21 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 191 words · no verdicts yet
The National Center for Missing and Exploited Children and its staff usually can't be sued for defamation over things they say or do while running hotlines, clearinghouses, or federally funded programs with law enforcement. That protection doesn't apply if the plaintiff proves actual malice, or shows the Center acted for a purpose unrelated to its federally mandated mission.
(a) Except as (b) says otherwise, the National Center for Missing and Exploited Children, including its officers, employees, or agents, can't be sued for damages for defamation, libel, slander, or harm to reputation over any action or communication connected to a clearinghouse, hotline, complaint intake or forwarding program, or any activity funded wholly or partly by the federal government and done with or under the direction of a federal law enforcement agency.
(b) This protection doesn't apply if the person suing proves the Center, or its officers, employees, or agents, acted with actual malice, or gave information or took action for a purpose unrelated to an activity required by federal law. For this purpose, preventing or detecting crime, and keeping missing or exploited children safe, recovering them, or protecting them, automatically counts as an activity required by federal law.
Except as provided in subsection (b), the National Center for Missing and Exploited Children, including any of its officers, employees, or agents, shall not be liable for damages in any civil action for defamation, libel, slander, or harm to reputation arising out of any action or communication by the National Center for Missing and Exploited Children, its officers, employees, or agents, in connection with any clearinghouse, hotline or complaint intake or forwarding program or in connection with activity that is wholly or partially funded by the United States and undertaken in cooperation with, or at the direction of a Federal law enforcement agency.
The limitation in subsection (a) does not apply in any action in which the plaintiff proves that the National Center for Missing and Exploited Children, its officers, employees, or agents acted with actual malice, or provided information or took action for a purpose unrelated to an activity mandated by Federal law. For purposes of this subsection, the prevention, or detection of crime, and the safety, recovery, or protection of missing or exploited children shall be deemed, per se, to be an activity mandated by Federal law.
Source credit: (Pub. L. 108–21, title III, § 305, Apr. 30, 2003, 117 Stat. 664.)
- 2003Enacted · Pub. L. 108-21 · 117 Stat. 664
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-21 on 2003-04-30.
all 0 arguments · sorted by: best
no arguments yet — make the first case