How To Prove A Texas Defamation – Libel Per Se Claim
In Texas, a claim of Defamation – Libel Per Se is defined as:
Defamation per se is a type of cause of action in which the content of the alleged false statement is so inherently damaging, damages are presumed to exist from the mere fact the statement was made.
It simply means:
An untrue statement written publicly to damage someone else’s reputation.
There are 5 elements of the claim:
- Element 1. The defendant published a written statement of fact. The defendant made a false written statement that presented a fact about someone, which could harm that person’s reputation, and this statement is a key part of a libel claim.
Facts that might support this element look like:
* The defendant posted a written statement on their public blog claiming that the plaintiff embezzled funds from their employer.
* The defendant distributed a flyer to the community alleging that the plaintiff was involved in criminal activity.
* The defendant sent an email to multiple recipients stating that the plaintiff had been fired for dishonesty.
* The defendant published an article in a local newspaper asserting that the plaintiff was a convicted felon.
* The defendant shared a social media post that falsely accused the plaintiff of engaging in fraudulent business practices. - Element 2. The statement was to a third party. In a defamation case, “the statement was to a third party” means that the harmful statement was shared with someone other than the person it was about, which is necessary to prove that the statement caused damage to the person’s reputation.
Facts that might support this element look like:
* The defendant made the defamatory statement during a conversation with a mutual acquaintance, who was not involved in the original dispute.
* The statement was published in a local newspaper, reaching a wide audience beyond the plaintiff and defendant.
* The defendant shared the statement on social media, where it was visible to numerous followers and friends.
* The defendant sent an email containing the defamatory statement to several colleagues at work, thereby disseminating it to third parties.
* The statement was made in a public forum, where attendees who were not part of the original discussion could hear it. - Element 3. The statement was defamatory concerning the plaintiff. The statement harmed the plaintiff’s reputation by making false claims that would clearly damage their character, such as accusing them of a crime or suggesting they are untrustworthy, without needing further explanation to show how it was damaging.
Facts that might support this element look like:
* The statement falsely accused the plaintiff of committing a crime, which is inherently damaging to their reputation.
* The statement was published in a widely circulated newspaper, reaching a large audience and amplifying its harmful impact.
* The statement misrepresented the plaintiff’s professional qualifications, leading to a loss of business opportunities and clients.
* The statement included false allegations of unethical behavior, which directly undermined the plaintiff’s credibility in their industry.
* The statement was made with actual malice, as the defendant knew it was false yet chose to publish it anyway. - Element 4. The statement was negligent in regard to a private citizen, or it contained malice in regard to a public figure. This means that the harmful statement either showed a lack of care for the truth about a private person or was made with intentional wrongdoing or spite towards a public figure, making it particularly damaging and unjust.
Facts that might support this element look like:
* The defendant published a statement claiming the plaintiff was involved in criminal activity without verifying the accuracy of the information.
* The statement was made despite the defendant’s awareness of the plaintiff’s clean record and lack of any criminal charges.
* The defendant had a history of making false statements about public figures to gain attention and notoriety.
* The publication was made with reckless disregard for the truth, as the defendant ignored clear evidence contradicting the claim.
* The defendant’s intent was to harm the plaintiff’s reputation, as evidenced by their prior animosity towards the plaintiff. - Element 5. The statement (a) injured a person in his or her office, profession, or occupation; (b) charged a person with the commission of a crime; or (c) imputed to a person a loathsome disease. A defamation claim can arise if someone makes a false statement that harms a person’s job, accuses them of a crime, or suggests they have a serious and contagious disease, as these statements can seriously damage a person’s reputation and livelihood.
Facts that might support this element look like:
* The statement falsely accused the plaintiff of embezzling funds from their employer, damaging their professional reputation.
* The statement claimed that the plaintiff had been arrested for theft, leading to significant harm in their career.
* The statement alleged that the plaintiff was diagnosed with a contagious disease, causing distress and loss of clients.
* The statement suggested that the plaintiff engaged in unethical practices, resulting in disciplinary action from their professional licensing board.
* The statement implied that the plaintiff was involved in criminal activity, leading to public outrage and loss of business opportunities.
(See Hancock v. Variyam, 400 SW 3d 59 – Tex: Supreme Court 2013; WFAA-TV, Inc. v. McLemore, 978 SW 2d 568 – Tex: Supreme Court 1998.)
If you’re in court without a lawyer and plan to assert a claim of Defamation – Libel Per Se, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.
Prove Your TX Defamation – Libel Per Se Claim
U.S. Civil Cases Only