124                                             LAWS OF MARYLAND                                 [Ch. 2

SEC- 3-504. LIABILITY OF BROADCASTING STATIONS FOR
DEFAMATORY STATEMENTS OF CANDIDATE FOR PUBLIC OFFICE
AS TO PERSONS OTHER THAN OPPONENT.

(A)   COMPENSATORY DAMAGES.

(1)   AN OWNER, LICENSEE, OR OPERATOR OF A
TELEVISION OR RADIO STATION OR NETWORK OF STATIONS AND
HIS AGENTS OR EMPLOYEES MAY BE LIABLE FOR A DEFAMATORY
STATEMENT PUBLISHED OR UTTERED OVER THE FACILITIES OF
THE STATION OR NETWORK OF STATIONS BY A CANDIDATE FOR
PUBLIC OFFICE AS TO A PERSON OTHER THAN HIS OPPONENT.

(2)   EXCEPT AS PROVIDED IN SUBSECTION (B) ,
THE LIABILITY IS LIMITED TO COMPENSATION FOR ACTUAL
DAMAGES SUSTAINED.

(B)   PUNITIVE DAMAGES.

UPON PROOF OF ACTUAL MALICE ON PART OF THE OWNER,
LICENSEE, OR OPERATOR OF THE BROADCASTING STATION OR
NETWORK OF STATIONS AND HIS AGENTS OR EMPLOYEES,
PUNITIVE DAMAGES MAY BE ASSESSED.

REVISOR'S NOTE: This section is new language
derived from Art. 75, §6. The provisions
of this section are placed in two new
sections with several subsections for the
purpose of emphasis. Sec. 3—503 contains
provisions which presently appear in §6(a).
Sec. 3—504 contains provisions which
presently appear in §6(b).

It should be noted that §6 has not been
amended since its adoption in 1952 and has
never been interpreted in a Maryland
appellate decision.

The present state of law in this area shows
that a significant measure of first
amendment protection is accorded to
defamatory speech in the interest of free
and open discussion with respect to persons
and issues of public importance. The
public official in order to recover damages
for defamation arising out of his official
conduct mast establish that the criticism
was made with "actual malice", although not
in the sense of ill-will, see Greenbelt v.
Bresler, 398 D.S. 6 (1970), but in the
sense of actual knowledge of falsity or