Defamation law proposed in Texas House by Rep. Todd Hunter
AUSTIN — A bill proposed by state Rep. Todd Hunter would offer a provision in state defamation laws that would require individuals seeking defamation lawsuits to seek remedy outside the courts.
Hunter, R-Corpus Christi, said the bill is meant to insure that freedom of speech in Texas is “not inhibited” by giving news outlets and individuals an opportunity to take substantive action in correcting mistakes that otherwise may lead to costly litigation.
House Bill 1759, filed Monday, would tweak certain remedies available under Texas civil code by limiting eligibility for filing a defamation lawsuit as well as for seeking punitive damages sought in a defamation suit.
The bill also would make media outlets more accountable in how they address good-faith efforts made by individuals and businesses seeking a correction of the record.
Under the new rules, an individual or business entity wishing to bring a defamation lawsuit must have, within one year of the offense, given the offending party a chance to correct, clarify or withdraw false content believed to have damaged the person or entity’s reputation.
The law also would raise the bar on media by requiring that, rather than burying it on the back page or saving it for an off-hour broadcast, the organization must publish the retraction, clarification or correction in the same manner in which the questionable information was first made public.
The organization may ask that the request be accompanied with information supporting why the retraction, correction or clarification should be made.
To seek punitive damages, the plaintiff would be required to have made such a written request within 90 days of being made aware of the offending statement.
Government entities, instrumentalities, agencies and subdivisions are excluded from the bill. Public officials are not specifically addressed.
The bill, which amends state civil codes, would reflect laws on the books in 30 states, said Laura Prather, an Austin attorney and immediate past president of the Freedom of Information Foundation of Texas. That group, together with the Texas Press Association, worked with Hunter in drafting the bill.
Prather said the legislation has not been introduced in Texas and has received broad support from all forms of news media. She said the law is meant to encourage individuals and media to resolve differences sooner rather than later.
“Why put the news media through the expense of defending it and the plaintiffs through a long, drawn-out process where they may not get any resolution?” she asked.
The average defamation action can take years and typically end up on the wrong side for the plaintiff, she said.
Hunter said a companion bill is set to be filed in the Senate.
By Rick Spruill Corpus Christi Caller Times
