RÉSUMÉ DIGEST
ACT 60 (HB 23) 2021 Regular Session Charles Owen
Prior law (R.S. 14:47) provided that defamation was the malicious publication or expression
in any manner, to anyone other than the party defamed, of anything which tended to do any
of the following:
(1) Expose any person to hatred, contempt, or ridicule or to deprive him of the benefit
of public confidence or social intercourse.
(2) Expose the memory of one deceased to hatred, contempt, or ridicule.
(3) Injure any person, corporation, or association of persons in his or their business or
occupation.
Prior law provided that whoever committed the crime of defamation was fined not more than
$500, or imprisoned for not more than six months, or both.
Prior law (R.S. 14:48) provided that where a non-privilege defamatory publication or
expression was false, it was presumed to be malicious unless a justifiable motive for making
such publication or expression was shown. Further provided that where such a publication
or expression was true, actual malice was required to be proven in order to convict the
offender.
Prior law (R.S. 14:49) provided that a qualified privilege existed and actual malice was
required to be proven, regardless of whether the publication was true or false, in the
following situations:
(1) Where the publication of expression was a fair and true report of any judicial,
legislative, or other public or official proceeding or of any statement, speech,
argument, or debate.
(2) Where the publication or expression was a comment made in the reasonable belief
of its truth, upon either:
(a) The conduct of a person in respect to public affairs.
(b) A thing which the proprietor offered or explained to the public.
(3) Where the publication or expression was made to a person interested in the
communication by one who was also interested or who stood in such a relation to the
former as to have been afforded a reasonable ground for supposing his motive
innocent.
(4) Where the publication or expression was made by an attorney or party in a judicial
proceeding.
Prior law (R.S. 14:50) prohibited prosecution for defamation in the following situations:
(1) When a statement was made by a legislator or judge in the course of his official
actions.
(2) When a statement was made by a witness in a judicial proceeding, or in any other
legal proceeding where testimony was required by law, and such statement was
reasonably believed by the witness to have been relevant to the matter in controversy.
(3) Against the owner, licensee, or operator of a visual or sound broadcasting station or
network of stations or the agents or employees thereof, when a statement was made
or uttered over such station or network of stations by one other than the owner,
licensee, operator, agents, or employees.
Prior law (R.S. 15:443) provided that in all prosecutions for defamation, the truth was given
in evidence.
New law repeals prior law.
Effective August 1, 2021.
(Repeals R.S. 14:47-50 and R.S. 15:443)


Statutes affected:
HB23 Original:
HB23 Engrossed:
HB23 Enrolled:
HB23 Act :