Definition of Defamation of Character in Texas
The phrase "defamation of character" applies to different types of unflattering comments made to or about an individual. Texas law clearly defines what defamation of character is and explains defamed individuals' rights to clear their names.
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Defamation of character in Texas must involve publication of a statement that is negative toward an individual, with a degree of fault. There must be evidence that the individual who made the defamatory statement was negligent and falsified the statement.
Types
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Defamation can be committed against a private individual, public official or limited-purpose public official. Those who are considered public officials in Texas include law enforcement agents, employees of the Child Protective Services Division of the Texas Department of Family and Protective Services, administrators with the U.S. Securities and Exchange Commission and court-appointed child psychologists. Limited-purpose public officials include candidates for office, news reporters and others who thrust themselves in the forefront of particular controversies to influence resolution.
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Defenses
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Defamation must be proved as actual malice in court. The State of Texas recognizes many defenses, including substantial truth and the privileges of fair report, opinion and fair comment. In order to prove defamation, the plaintiff must prove a statement was untruthful and was not an opinion protected by free speech doctrine.
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