Friday, May 24, 2013

Texas Solons Send Gov. Perry Libel Mitigation Bill

Governor Rick Perry of Texas speaking at the R...
 (Photo credit: Wikipedia)
Texas lawmakers this week voted 148-0 to approve H.B. 1759, the Defamation Mitigation Act, a measure backed by publishers and the Freedom of Information Foundation of Texas, the Associated Press reported.

The Senate-amended bill swept through the House and is headed to Gov. Rick Perry's desk for his signature. The measure is intended "to provide a method for a person who has been defamed by a publication or broadcast to mitigate any perceived damage or injury." 

The bill requires the media outlet in question to publish a timely correction as conspicuous as the original offending speech. The measure puts a ceiling on the amount of damages recoverable for non-malicious errors and prevents a plaintiff from receiving punitive damages unless the plaintiff demands a retraction by the media defendant within 90 days of the allegedly defamatory speech.
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