ASSEMBLY STATE GOVERNMENT COMMITTEE

 

STATEMENT TO

 

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 603 and 538

 

STATE OF NEW JERSEY

 

DATED: DECEMBER 16, 1996

 

 

      The Assembly State Government Committee reports favorably an Assembly committee substitute for Assembly, Nos. 603 and 538.

      This committee substitute would prohibit certain types of false statements in campaign advertising.

      The legislation provides that no person, with intent to affect the outcome of a campaign for nomination or election to a State or local elective public office, shall publish, broadcast or otherwise disseminate to the public any campaign advertisement which contains a false statement about a candidate for nomination or election to a State or local elective public office, with knowledge that, or reckless disregard for whether, the statement is false. The prohibition would apply to statements made on behalf of, or in opposition to, a candidate and to statements made about oneself or another.

      A violation of the provisions of the legislation would be punishable by a fine of up to $2,500. Actions alleging such a violation are to be brought by the Attorney General in Superior Court in accordance with rules adopted by the Supreme Court.

      A bona fide news item or editorial contained in any publication of bona fide general circulation would be exempt from coverage under the bill. Also, acts done by the publisher, owner, agent or employee of a newspaper or periodical or a radio or television station in the publication of any advertisement would not be subject to penalty under the legislation.