Never Transmit False Data in Rhode Island

R.I. Gen. Laws § 11-52-7(b) makes it a misdemeanor to “intentionally or knowingly” “make[] a transmission of false data,” or to “make[], present[] or use[] or cause[] to be made, presented or used any data for any other purpose with knowledge of its falsity.” Section 11-52-6 also makes violators civilly liable, including for punitive damages. Nor is this section just limited to submitting false data for purposes of getting payment; subsection (a) of the same section makes that a felony.

I can’t imagine that the Rhode Island legislature meant to criminalize all distribution of false information online. And such a ban would be unconstitutional; for instance, the Court has held that one can’t criminalize even knowing falsehoods about the government generally, and it seems likely the same would be so as to knowing falsehoods about science and history generally (see pp. 6-8 of this amicus brief). But what then does the statute mean? Here is the full text:

(a) Whoever intentionally or knowingly makes a transmission of false data for the purpose of submitting a claim for payment, or makes, presents, or uses or causes to be made, presented, or used any data for the purpose of submitting a claim for payment with knowledge of its falsity and with knowledge that it will be used for any claim for payment, shall be guilty of a felony and shall be subject to the penalties set forth in § 11-52-5.

(b) Whoever intentionally or knowingly: (1) makes a transmission of false data; or (2) makes, presents or uses or causes to be made, presented or used any data for any other purpose with knowledge of its falsity, shall be guilty of a misdemeanor and shall be subject to the penalties set forth in § 11-52-5.

And here is a definition, in case it’s helpful, from § 11-52-1:

(10) “Data” means any representation of information, knowledge, facts, concepts, or instructions which are being prepared or have been prepared and are intended to be entered, processed, or stored, are being entered, processed, or stored or have been entered, processed, or stored in a computer, computer system, or computer network.

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