§ 73.002.Privileged Matters

The fair report privilege, and it is what allows the press to report proceedings without verifying every allegation made in them.

Publication by a newspaper or other periodical of a covered matter is privileged and is not a ground for a libel action. The privilege does not extend to 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.

The covered matters are two.

First, a "fair, true, and impartial account" of: a judicial proceeding, unless the court has prohibited publication because the interests of justice demand it; an official proceeding to administer the law other than judicial; an executive or legislative proceeding, including a legislative committee, a managing board of a publicly supported educational or charitable institution, a city or town governing body, a county commissioners court, or a public school board, and reports of or debate and statements made in them; and the proceedings of a public meeting dealing with a public purpose, including statements and discussion at it.

Second, "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."

"Fair, true, and impartial" is the whole test for the first branch. The privilege protects the accuracy of the account, not the truth of what was said in the proceeding. A newspaper reporting an allegation made in court is protected even though the allegation is false, provided the report of it is fair and accurate.

Without the privilege, reporting a trial would mean adopting every accusation made in it.