A defamation attorney in Houston can help explain the detail regarding a defamation claim. Call Hector Chavana Jr. at 713-979-2941 for help in prosecuting or defending against a claim of defamation. This article considers:
- Defamation Basics
- Defenses and Privileges
- Statute of Limitation
- Defamation Attorneys who Can Help
Defamation: The Basics
“To maintain a defamation cause of action, the plaintiff must prove that the defendant: (1) published a statement; (2) that was defamatory concerning the plaintiff; (3) while acting with either actual malice, if the plaintiff was a public official or public figure, or negligence, if the plaintiff was a private individual, regarding the truth of the statement.” WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex. 1998)(internal citations omitted).
However, certain statutes raise the plaintiff’s burden and require that the plaintiff show actual malice or reckless disregard for the truth in order to successfully prosecute a claim for defamation. For example, employers are immune from damages resulting from certain employment questionnaires pursuant to Tex. Labor Code §§ 103.003 and 103.004. Those statutes expressly authorize the release of “information about a current or former employee’s job performance…” Additionally, those statutes provides immunity from damages resulting from employee questionnaires:
unless it is proven by clear and convincing evidence that the information disclosed was known by that employer to be false at the time the disclosure was made or that the disclosure was made with malice or in reckless disregard for the truth or falsity of the information disclosed. For purposes of this subsection, “known” means actual knowledge based on information relating to the employee, including any information maintained in a file by the employer on that employee.
The Texas Labor Code, then raises the burden of proof to clear and convincing evidence, and it also requires a showing for malice or reckless disregard. “‘[R]eckless disregard’ means that the defendant “entertained serious doubts as to the truth of his publication.” Turner v. KTRK Television, Inc., 38 S.W.3d 103, 120 (Tex. 2000).
Therefore, in the context of employer questionnaires, the burden to prove defamation is quite high.
Another statute raises the plaintiff’s burden if the defendant has published a retraction or clarification. A defamation attorney in Houston, Texas can help evaluate your defamation claim. Hector Chavana Jr. has successfully authored and argued a summary judgment for a defendant based on the high burden required of the plaintiff. He can be reached at 713-979-2941.
Privileges and Defenses to Defamation
A number of privileges, defenses, and affirmative defenses can help a defendant facing allegations of defamation. Truth and substantial truth are affirmative defenses that must be pled and proved. Other defenses or affirmative defenses include the labor code mentioned above as well as the statute related to clarification of the publication. Opinions and fair comment are generally protected speech. A fair report privilege may protect speech regarding conduct or matters related to official or governmental proceedings. According to the DMLP, the Neutral Reportage privilege applies in some appellate districts in Texas, and:
There also is an important provision under section 230 of the Communications Decency Act that may protect YOU if a third party – not you or your employee or someone acting under your direction – posts something on your blog or website that is defamatory.
Defamation: Statute of Limitations
Texas has a one (1) year statute of limitations for defamation. Tex. Civ. Prac. & Rem. Code sec. 16.002. Also according to the DMLP, Texas has adopted the Single Publication Rule, meaning, for example, the publication is deemed published when it is originally published (so long as it is not republished to a nee audience.
Defamation: Attorneys
Hector Chavana Jr. has successfully authored and argued a summary judgment for a defendant based on the labor code, among other points of interest to the Court. He can be reached at 713-979-2941.