Subject: Re: ABC Axes Jimmy Kimmel
If he wasn't, and Kimmel said he was, that would be misinformation.

Kimmel didn't say he was. Nor would it be misinformation as defined by the statute - which only implies to false information that would result in an imminent threat to life and property:

“public harm” must begin immediately, and cause direct and actual damage to property or to the health or safety of the general public, or diversion of law enforcement or other public health and safety authorities from their duties.

...which obviously didn't happen. This statute applies to something like a news broadcaster falsely saying that there's a terrorist holding hostages at the local bank (or some such thing), which causes the police to rush over there only to find there's nothing going on. Not a late night talk show host expressing opinions about public events.