§ 73.005.Truth a Defense

The truth defence, and the 2015 amendment that extended it.

The truth of the statement in the publication on which an action for libel is based is a defense to the action.

Truth is a complete defence, not a mitigating factor. A true statement is not actionable however damaging or however malicious the motive for publishing it.

Subsection (b), added in 2015, is the significant part. In an action against a newspaper or other periodical or broadcaster, the defence applies to an accurate reporting of allegations made by a third party regarding a matter of public concern.

That shifts what must be true. Ordinarily the defence requires the defamatory statement itself to be true. Under subsection (b) the media defendant must show its report of the allegation was accurate — not that the allegation was.

This is the third-party allegation rule, and it complements the fair report privilege. That privilege covers accounts of official proceedings; this covers accurate reporting of allegations on matters of public concern outside them.

Both conditions must hold: the reporting must be accurate, and the subject a matter of public concern.

Subsection (c) preserves everything else — the section does not abrogate any other remedy, right, cause of action, defence, immunity, or privilege available under either constitution or under statute, case, or common law.