A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Elements Of Defamation For Public Figure In Texas
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To prove a successful defamation claim, the plaintiff must show the following: (1) the defendant published a false statement; (2) that defamed the plaintiff; (3) with the requisite degree of fault regarding the statement's truth; and (4) damages, unless the statement constitutes defamation per se.
A public figure, ing to Gertz v. Robert Welch , is an individual who has assumed roles of especial prominence in the affairs of a society or thrust themselves into the forefront of particular public controversies to influence the resolution of the issues involved.
Section 119.202 - Criminal Slander or Libel, Tex. Fin. Code § 119.202 | Casetext Search + Citator.
The statement must be untrue and presented as a factual claim rather than an opinion to be defamation. Additionally, there must be evidence that the statement caused or has the potential to cause significant damage to the reputation of the individual or entity targeted.
Typically, these are individuals with widespread fame, such as celebrities and professional athletes. Like public officials, plaintiffs classified as all-purpose public figures must show that the defendant acted with actual malice in publishing the defamatory statement.
The elements necessary to establish defamation at the workplace include: A false, defamatory statement about an employee. The unauthorized publication or communication of such statement to a third party. Fault on part of the individual who made the statement, either intentional or at least negligent.
First Exception. —Imputation of truth which public good requires to be made or published. —It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact.
Defamation of character is when someone spreads lies about you and taints your reputation. Texas law lets you seek compensation for this. If you can show that their untrue statements caused you harm, you might be able to take legal action against the individual or company responsible.
To prove a successful defamation claim, the plaintiff must show the following: (1) the defendant published a false statement; (2) that defamed the plaintiff; (3) with the requisite degree of fault regarding the statement's truth; and (4) damages, unless the statement constitutes defamation per se.
