State Representative Vicki Truitt Introduces Blogger Libel Bill

by Mike Orren

A bill for the next legislature that would subject bloggers to the same libel laws as major media outlets.

Vicki Truitt

AUSTIN — State Representative Vicki Truitt has introduced a bill for the next legislature that would subject bloggers to the same libel laws as major media outlets.

Michael Davis at Dallas Progress has more details, along with a roundup of blogger reaction.

Text of the bill

80R555 CAE-D

By: Truitt H.B. No. 129

A BILL TO BE ENTITLED

AN ACT relating to defamatory statements posted on Internet websites.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 73, Civil Practice and Remedies Code, is amended by adding Section 73.0045 to read as follows:

Sec. 73.0045. LIABILITY OF AUTHOR OF WEBSITE POSTING. (a)

The author of a defamatory statement expressed on an Internet website is subject to a libel suit in the same manner as if the author had published the defamatory statement in any other written or graphic form.

(b) A party that prevails in a libel suit against the author of a defamatory statement on an Internet website is entitled to an order by the court requiring the author to:

(1) remove the posting from the Internet website; or

(2) request the Internet website to remove the defamatory statement.

SECTION 2. This Act applies only to a libel suit commenced on or after the effective date of this Act. A libel suit that commenced before the effective date of this Act is governed by the law applicable to the libel suit immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2007.

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Mike Orren, says:

Particularly interesting commentary here:

http://bayareahouston.blogspot.com/20...

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3 years ago
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Mike Orren, says:

Michael Davis rightly points out that this bill is likely toast because of Federal rulings:

http://dallasprogress.blogspot.com/20...

But I assure you, this is an issue that isn't going away anytime soon.

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3 years ago
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miked950ns, says:

^ Not as long as we keep exposing the truth, Mike.

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3 years ago
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Brad Williamson, says:

Come on now Vick...

The old methods of media, you're so desperately trying maintain, no longer exists. The natural human desire to voice thoughts and opinions has finally found a medium in which it can express itself, and you're not going to be able to stop it's evolution. This bill isn't going to help eliminate slanderous activity, because it will just find another method to it's deserved madness.

There's probably some truth to the idea that we were given the right to freedom of speech because authority-hungry people, like yourself, simply gave the #@%$ up in trying to hush people's mouths. I'm willing to bet that, you too, will end up throwing in the towel just as they did.

This is a battle you're not going to win Vicki. You can't play God on this one; and that's essentially what you're trying to do in your attempt to terminate the right of people to have opinions.