

     § 1110.  Wrongful use of chapter.
        (a)  Liability.--A person who signs a complaint alleging a
     violation of this chapter against another is subject to
     liability for wrongful use of this chapter if:
            (1)  the complaint was frivolous, as defined by this
        chapter, or without probable cause and made primarily for a
        purpose other than that of reporting a violation of this
        chapter; or
            (2)  he publicly disclosed or caused to be disclosed that
        a complaint against a person had been filed with the
        commission.
        (b)  Probable cause.--A person who signs a complaint alleging
     a violation of this chapter has probable cause for doing so if
     he reasonably believes in the existence of the facts upon which
     the claim is based and either:
            (1)  reasonably believes that under those facts the
        complaint may be valid under this chapter; or
            (2)  believes to this effect in reliance upon the advice
        of counsel, sought in good faith and given after full
        disclosure of all relevant facts within his knowledge and
        information.
        (c)  Commission procedures.--When the commission determines
     that a complainant has violated the provisions set forth in
     subsection (a), the commission, upon receiving a written request
     from the subject of the complaint, shall provide the name and
     address of the complainant to said subject. If the commission
     determines that a complainant has not violated the provisions of
     subsection (a), the commission shall notify the subject
     accordingly. The subject shall have the right to appeal the
     commission's determination, and the commission shall schedule an
     appeal hearing. The subject shall show cause why the complainant
     violated the provisions of this section. If the commission
     grants the appeal, the commission shall immediately release the
     complainant's name and address to the subject. If the commission
     denies the appeal, it shall present evidence why the
     complainant's name and address shall not be released.
        (d)  Damages.--When the essential elements of an action
     brought pursuant to this section have been established, the
     plaintiff is entitled to recover for the following:
            (1)  The harm to his reputation by a defamatory matter
        alleged as the basis of the proceeding.
            (2)  The expenses, including any reasonable attorney
        fees, that he has reasonably incurred in proceedings before
        the commission.
            (3)  Any specific pecuniary loss that has resulted from
        the proceedings.
            (4)  Any emotional distress that has been caused by the
        proceedings.
            (5)  Any punitive damages according to law in appropriate
        cases.

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Last modified: November 27, 2007