SB404 Alabama 2016 Session

Updated Feb 24, 2026

Summary

Primary Sponsor: Tim MelsonSenator
Republican
Session: Regular Session 2016
Title: Defamation, showing of actual malice required, Sec. 13A-11-163 am'd.
Summary: SB404 changes Alabama defamation law to require actual malice for false crime accusations and clarifies local-funding considerations under the constitution.
What This Bill Does
It requires that publishing or disseminating a false accusation of a felony or other indictable offense involving moral turpitude be done with actual malice (knowledge of falsity or reckless disregard for the truth). It preserves a misdemeanor penalty for such offenses, including a fine of up to $500 and up to six months in county jail or hard labor. It treats the bill as creating or amending a crime and explains that local-funding rules under Amendment 621 do not block its effect due to exceptions. It becomes effective on the first day of the third month after it is passed and approved by the Governor.

Who It Affects
Publishers, writers, or speakers who make allegations that others committed crimes; they would be liable only if they acted with actual malice, making it harder to convict absent proof of malice.
Women who could be the subject of false imputations of lack of chastity, as the bill includes provisions addressing false statements about a woman's chastity.

Key Provisions
Section 1 amends Section 13A-11-163 to require actual malice (knowledge of falsity or reckless disregard of truth) for publishing or disseminating any false accusation of a felony or other indictable offense involving moral turpitude, with penalties set as a Class B misdemeanor (fine up to $500 and up to six months in county jail or hard labor).
The bill notes it creates a new crime or amends an existing crime, which triggers restrictions under Amendment 621 of the Alabama Constitution, and it is exempt from requiring local-government approval because of specified exceptions.
Section 4 establishes the bill's effective date: the first day of the third month after passage and governor approval, and Section 2 provides severability.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Crimes and Offenses