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§ 73.052.Purpose

Title 4. Liability in Tort · Chapter 73. Libel · Subchapter B. Correction, Clarification, or Retraction by Publisher · Last amended 2013 · Last verified August 29, 2026

In one sentenceSection 73.052 states the subchapter’s purpose as providing a method for a defamed person to mitigate perceived damage or injury.

Full Text of § 73.052

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The purpose of this subchapter is to provide a method for a person who has been defamed by a publication or broadcast to mitigate any perceived damage or injury.
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Plain-English Summary

A purpose clause that frames the whole retraction scheme.

The purpose is to provide a method for a person who has been defamed by a publication or broadcast to mitigate any perceived damage or injury.

The stated beneficiary is the person defamed, which reads oddly against how the subchapter works in practice — its most consequential provision limits the damages a plaintiff can recover if they did not request a correction.

Both readings are fair. A prompt correction reaching the same audience repairs a reputation in a way a damages award years later cannot, and for many people that is the remedy they wanted all along. The publisher benefits too, by capping exposure.

"Mitigate" is the operative concept. The subchapter is not a way to establish that a statement was false or to obtain compensation. It is a mechanism for reducing harm while it can still be reduced.

"Perceived" is a careful word. It avoids assuming the statement was defamatory at all — the machinery runs before anyone has decided that, and a publisher can correct without conceding liability.

The purpose clause matters for construction. Where the operative provisions are ambiguous, this states what they are for, and the answer is speed and repair rather than the accumulation of procedural traps.

The provisions that follow supply the machinery: a request for a correction, disclosure of evidence of falsity, what makes a correction timely and sufficient, its effect on damages, and abatement where no request was made.

Frequently Asked Questions

What is the Act trying to achieve?

To give a person defamed by a publication or broadcast a method of mitigating any perceived damage or injury.

Does it benefit the plaintiff or the publisher?

Both. A prompt correction repairs a reputation while it can still be repaired, and it caps the publisher’s exposure.

Why does the purpose matter?

Because it guides construction of the operative provisions, and points toward speed and repair rather than procedural traps.

Amendment History

  • Added by Acts 2013, 83rd Leg., R.S., Ch. 950 (H.B. 1759), Sec. 2, eff. June 14, 2013.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source