76-9-503 - Presumption of malice -- Reading or seeing by another not necessary -- Liability of newspaper or serial publication personnel.
76-9-503. Presumption of malice -- Reading or seeing by another not necessary --Liability of newspaper or serial publication personnel.
(1) An injurious publication is presumed to have been malicious if no justifiable motivefor making it is shown.
(2) To sustain a charge of publishing a libel, it is not essential that the words or thingscomplained of should have been read or seen by another. It is adequate that the accusedknowingly parted with the immediate custody of the libel under circumstances which exposed itto be read or seen by any other person than himself.
(3) Each author, editor, and proprietor of any newspaper or serial publication ischargeable with the publication of any words contained in any part of a book or number or anewspaper or serial.
Enacted by Chapter 196, 1973 General Session