(1) Except as provided in Subsection (2), the following persons may not be prosecuted for a fair and true report or broadcast of a judicial, legislative, or other public official proceeding, or of a statement, speech, argument, or debate related to the judicial, legislative, or other public official proceeding:
- (a) a reporter, editor, or proprietor of a newspaper;
- (b) an owner, a licensee, or an operator of a visual sound radio broadcasting station or network of stations; or
- (c) an agent or employee of a newspaper or broadcasting station.
- (2) Notwithstanding Subsection (1), a person listed in Subsection (1)(a), (b), or (c) may be prosecuted for making a report described in Subsection (1) if there is proof the person acted with malice in making the report, which may not be implied from the mere fact of publication.
- (3) An owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, or an agent or employee of a sound radio broadcasting station or network of stations, may not be prosecuted for a defamatory matter or statement published or uttered in a radio or television broadcast if the publication cannot be censored by reason of the provisions of a federal statute or a regulation issued by the Federal Communications Commission.
Renumbered and Amended by Chapter 173, 2025 General Session