State of South Dakota  
EIGHTY-FIFTH SESSION
LEGISLATIVE ASSEMBLY, 2010  

934R0652   HOUSE BILL   NO.  1277  

Introduced by:    Representatives Hamiel, Bolin, Brunner, Carson, Cutler, Deadrick, Fargen, Gibson, Gosch, Greenfield, Hoffman, Hunt, Iron Cloud III, Jensen, Juhnke, Kirkeby, Kopp, Krebs, Lederman, Olson (Betty), Schlekeway, Sly, Turbiville, Vanneman, and Verchio and Senators Turbak Berry, Brown, Dempster, and Vehle
 

        FOR AN ACT ENTITLED, An Act to provide for a process of obtaining certain information from online content providers in slander and libel actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows:
    Notwithstanding the safe harbor provisions of the federal Communications Decency Act, any person bringing an action for libel or slander under this chapter or under common law may name the online content provider as a defendant in such an action for the limited purpose of obtaining information about any unknown, anonymous, or pseudonymous person who has left or uploaded a defamatory comment, posting, message, photo, video, or other communication about another person. Any online content provider so named shall provide, within thirty days of service of the summons, at the expense of the person bringing the slander or libel action, any information, reasonably available and kept in the normal course of business, that assists in the

identification and location of the unknown, anonymous, or pseudonymous person who left or uploaded the defamatory content.
    Section 2. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows:

    Upon providing the information to the person bringing the slander or libel action, in lieu of serving an answer to the complaint, the content provider shall provide the court with an affidavit that the provisions of this section have been complied with. Upon such showing, the court shall issue a dismissal of the action against the content provider.
    Section 3. That chapter 20-11 be amended by adding thereto a NEW SECTION to read as follows:
    Any online content provider named as a defendant pursuant to this Act bears no liability for damages and costs in the event of a judgment or verdict against the defendant who left the defamatory communication. However, nothing in this section affects a person's right to sue the online content provider under this chapter or under common law if the online content provider himself or herself made a defamatory communication about another person.