This amendment adds a defamation exception for private figures not involving matters of public concern and modifies the procedural standard courts must apply when determining whether immunity may be overcome.
- Removes the 'or' conjunction after 'investigate;' in the exceptions to immunity, preparing for an additional exception to be added. (Page 5, line 23)
- Changes the punctuation and conjunction after 'protection' from a period to a semicolon followed by 'or', establishing grammatical structure for the new exception. (Page 6, line 5)
- Adds a new exception to immunity for statements that were defamatory against a private figure (whether per quod, per se, or by implication) when they do not involve a matter of public concern, were at least negligent, and were factually false. (Page 6, after line 5)
- Establishes that when determining whether immunity can be overcome, the court must limit its consideration to pleadings, motions, responses, replies, and supporting affidavits or declarations. The court must also construe disputed material facts in favor of the non-moving party. (Page 6, lines 10-12)
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