HB 1759

83(R) - 2013
Civil Justice

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Todd Hunter

Bill Caption

Relating to a correction, clarification, or retraction of incorrect information published.

Fiscal Notes

No significant fiscal impact is anticipated on the State or local government.

Bill Analysis

Summary: According to the committee report, "interested parties observe that the idea of mitigating the impact of publication errors through a retraction has been the subject of legislation in many other states, and these parties contend that establishing a framework for how and when a retraction is warranted has led to less litigation." HB 1759 has been termed the Defamation Mitigation Act and encourages correction, clarification, or retraction instead of a lawsuit.

  • This bill restricts a person from maintaining a defamation unless the person has made a timely request for a correction, clarification, or retraction.
  • This bill allows a person who has been requested to correct, clarify, or retract to request evidence of the falsity of the alleged defamation.
  • This bill does not extend to an entity that republished the alleged defamation.
  • This bill allows a person with a defamation suit pending that does not receive a request for correction, clarification, and retraction to file a plea for abatement

Analysis: Encouraging individuals to reconcile rather than file a lawsuit is beneficial. HB 1759 encourages individuals to reconcile outside of the judicial system which potentially saves taxpayers money. Additionally, by requiring a correction, clarification, or retraction, potential misunderstandings can be solved without legal action. For these reasons, TPPA recommends voting yes on HB 1759.