TORT ACTIONS FOR LIBEL & SLANDER

HB0333

HOUSE BILL 333

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Yanira Gurrola and
Pamelya Herndon

AN ACT

RELATING TO TORTS; PROVIDING THAT A PREVAILING DEFENDANT IN AN
ACTION FOR LIBEL, SLANDER, INVASION OF PRIVACY OR OTHER CERTAIN
TORTS MAY RECOVER DAMAGES, TREBLE DAMAGES, ATTORNEY FEES AND
COSTS FROM THE PLAINTIFF IF THE ACTION WAS BASED ON A STATEMENT
THAT IS MADE WITHOUT MALICE, FACTUALLY TRUE AND REGARDING AN
INCIDENT OF SEXUAL ASSAULT, SEXUAL HARASSMENT OR UNLAWFUL
DISCRIMINATORY PRACTICE EXPERIENCED BY THE PREVAILING
DEFENDANT; MAKING CONFORMING AMENDMENTS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
Section 41-7-1 NMSA 1978 (being Laws 1955,
Chapter 50, Section 1) is amended to read:

"41-7-1.
LIMITATION OF TORT ACTIONS FOR LIBEL, SLANDER OR
INVASION OF PRIVACY--DAMAGES RECOVERABLE
.--

A.
No person shall have more than one cause of
action for damages for libel, [
or
] slander, [
or
] invasion of
privacy or any other tort founded upon any single publication,
[
or
] exhibition or utterance, such as any one edition of a
newspaper, [
or
] book or magazine or any one presentation to an
audience, [
or
] any one broadcast over radio or television or
any one exhibition of a motion picture. Recovery in any action
shall include all damages for any such tort suffered by the
plaintiff in all jurisdictions.

B. A prevailing defendant in an action for libel,
slander, invasion of privacy or other tort based on a single
publication, exhibition or utterance may recover damages,
treble damages and reasonable attorney fees and costs from the
plaintiff if the action was based on a publication, exhibition
or utterance by the prevailing defendant that is:

(1) made without malice;

(2) factually true; and

(3) regarding an incident of sexual assault,
sexual harassment or unlawful discriminatory practice as
provided in Section 28-1-7 NMSA 1978 that was experienced by
the prevailing defendant.
"

- 2 -