HOUSE DOCKET, NO. 2359        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2254

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Tackey Chan

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to filing slander against anonymous parties on the internet.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Tackey Chan

2nd Norfolk

1/19/2017


HOUSE DOCKET, NO. 2359        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2254

By Mr. Chan of Quincy, a petition (accompanied by bill, House, No. 2254) of Tackey Chan relative to filing actions of slander against anonymous parties on the internet.  The Judiciary.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1238 OF 2015-2016.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninetieth General Court
(2017-2018)

_______________

 

An Act relative to filing slander against anonymous parties on the internet.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 91 of Chapter 231 is hereby amended by inserting in the following new paragraph:-

A plaintiff with the intent of filing against a defendant under this section, but is unable to do so because of a lack of a real name of the person committing the act and said real name is being held by a third party who provides the forum, which includes, but not limited to, paper, Internet and Telecommunications, by which the defendant is able to commit such an act.  The third party shall release the name, address and relative contact information to the plaintiff within ten days of the plaintiff’s request; provided that the plaintiff states the intent is the file an action against the defendant under this section.  Should the third party not comply with the plaintiff’s request, the plaintiff may seek a court order from district court, seeking the third party to release the information, so the plaintiff can initiate a filing against a defendant.  The district court may impose penalties for non-compliance of a court order on the third party if there is no compliance.