Stover v. Journal Publishing Co.

OPINION

BIVINS, Judge.

This appeal presents the question whether a publisher loses the protection of the “fair report privilege” when statements reported fairly and accurately in a newspaper article originate from a witness located by the publisher in litigation involving the publisher. The parties appear to agree that this precise question has not heretofore been decided in New Mexico or by any other jurisdiction. Based on our own research, we agree, at least in terms of applying a self-reported statement exception to a member of the media who is also a party to a lawsuit.

The present action by…