From Bill Hobbs we learn that Tn House Rep Rob Briley (of course he’s a Democrat) has submitted legislation which:

Tennessee State Rep. Rob Briley has filed legislation that could, if it becomes law, require bloggers and other website publishers and writers to remove within two days from their website any statement that someone alleges is defamatory – and if they fail to remove the statement within two days that failure will “create a presumption of malice intent.” The contested statement does not actually have to be defamatory for the web writer to be required to remove it or face that legal presumption of guilt.

The legislation is so broad that it includes statements made by commenters on a blog, not just the blog writer. And alleged but unproven-as-defamatory statements must be removed within 15 days of publication even if the subject of those statements doesn’t complain.

In addition, the legislation appears to seek to make web hosting companies legally liable for defamatory or alleged-defamatory statements that appear on website that is hosted on space rented on their server.

And of course he’s a trial attorney. House Bill 0136

Update from Bill Hobbs:

State Rep. Rob Briley has withdrawn his anti-blogger legislation – which he says he never meant to file – and blames an unnamed state senator for bringing it to him.

Oh so it was someone else’s fault huh? Yeahhhhh. Right. Someone wrote the bill and is thinking along those lines. The kitchen must have been getting hot in this short time.

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