CHAPTER 73. LIBEL
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 73. LIBEL
Sec. 73.001. ELEMENTS OF LIBEL. A libel is a defamation
expressed in written or other graphic form that tends to blacken
the memory of the dead or that tends to injure a living person's
reputation and thereby expose the person to public hatred,
contempt or ridicule, or financial injury or to impeach any
person's honesty, integrity, virtue, or reputation or to publish
the natural defects of anyone and thereby expose the person to
public hatred, ridicule, or financial injury.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 73.002. PRIVILEGED MATTERS. (a) The publication by a
newspaper or other periodical of a matter covered by this section
is privileged and is not a ground for a libel action. This
privilege does not extend to the republication of a matter if it
is proved that the matter was republished with actual malice
after it had ceased to be of public concern.
(b) This section applies to:
(1) a fair, true, and impartial account of:
(A) a judicial proceeding, unless the court has prohibited
publication of a matter because in its judgment the interests of
justice demand that the matter not be published;
(B) an official proceeding, other than a judicial proceeding, to
administer the law;
(C) an executive or legislative proceeding (including a
proceeding of a legislative committee), a proceeding in or before
a managing board of an educational or eleemosynary institution
supported from the public revenue, of the governing body of a
city or town, of a county commissioners court, and of a public
school board or a report of or debate and statements made in any
of those proceedings; or
(D) the proceedings of a public meeting dealing with a public
purpose, including statements and discussion at the meeting or
other matters of public concern occurring at the meeting; and
(2) reasonable and fair comment on or criticism of an official
act of a public official or other matter of public concern
published for general information.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 73.003. MITIGATING FACTORS. (a) To determine the extent
and source of actual damages and to mitigate exemplary damages,
the defendant in a libel action may give evidence of the
following matters if they have been specially pleaded:
(1) all material facts and circumstances surrounding the claim
for damages and defenses to the claim;
(2) all facts and circumstances under which the libelous
publication was made; and
(3) any public apology, correction, or retraction of the
libelous matter made and published by the defendant.
(b) To mitigate exemplary damages, the defendant in a libel
action may give evidence of the intention with which the libelous
publication was made if the matter has been specially pleaded.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 73.004. LIABILITY OF BROADCASTER. (a) A broadcaster is
not liable in damages for a defamatory statement published or
uttered in or as a part of a radio or television broadcast by one
other than the broadcaster unless the complaining party proves
that the broadcaster failed to exercise due care to prevent the
publication or utterance of the statement in the broadcast.
(b) In this section, "broadcaster" means an owner, licensee, or
operator of a radio or television station or network of stations
and the agents and employees of the owner, licensee, or operator.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 73.005. TRUTH A DEFENSE. The truth of the statement in the
publication on which an action for libel is based is a defense to
the action.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Sec. 73.006. OTHER DEFENSES. This chapter does not affect the
existence of common law, statutory law, or other defenses to
libel.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.