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House Bill 1348

Introduced House Bill (H)

DIGEST

Posting of false business reviews. Provides that a person shall not post or publish, or cause to be posted or published, on a consumer review site a defamatory review concerning an Indiana business. For purposes of this prohibition, defines a: (1) "consumer review site" as an Internet web site or an application that allows consumers to post reviews of businesses that provide or offer to provide goods or services to the public; and (2) "defamatory review" as a communication that: (A) is posted or published on a consumer review site; (B) concerns a business or certain aspects of the business; Posting of false business reviews. Provides that a person shall not post or publish, or cause to be posted or published, on a consumer review site a defamatory review concerning an Indiana business. For purposes of this prohibition, defines a: (1) "consumer review site" as an Internet web site or an application that allows consumers to post reviews of businesses that provide or offer to provide goods or services to the public; and (2) "defamatory review" as a communication that: (A) is posted or published on a consumer review site; (B) concerns a business or certain aspects of the business; and (C) is false and injurious to the reputation of the business or certain aspects of the business. Provides that a person aggrieved by a violation of these provisions may bring an action in a court with jurisdiction. Provides that a court may award certain relief to a complainant who prevails in an action, including the greater of: (1) actual damages; or (2) liquidated damages of $500 for each day that the defamatory review was posted on the consumer review site. Provides that in an action in which the complainant prevails: (1) the court shall send notice of the judgment to the owner or operator of the consumer review site on which the defamatory review was posted or published; and (2) the owner or operator of the consumer review site is liable to the complainant for liquidated damages of $500 for each day that the defamatory review remains posted on the consumer review site, beginning on the seventh day after the date of the court's notice of the judgment. ... View more