In Texas, you may sue someone for defamation if they make a false, factual statement about you to a third party that damages your reputation. The law distinguishes between libel (written or graphic defamation) and slander (spoken defamation), and requires that the statement be more than a mere opinion or insult—it must be objectively verifiable as false and defamatory in nature.
To succeed, you must generally show that the statement was published, was false, was defamatory concerning you, was made with at least negligence (if you are a private individual), and caused you harm (unless the statement is so egregious that damages are presumed, as in defamation per se). There are procedural requirements, such as a one-year statute of limitations and, in some cases, a requirement to request a correction or retraction before suing. Truth is a complete defense, and certain privileges or constitutional protections may also apply.
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Texas law expressly recognizes causes of action for defamation, which includes both libel (written or graphic form) and slander (oral statements). The key statutory provisions are found in the Texas Civil Practice and Remedies Code:
- Definition of Libel: Libel is defined as a written or graphic statement that injures a living person’s reputation, exposing them to public hatred, contempt, ridicule, or financial injury, or impeaching their honesty, integrity, or virtue.
- Applicability: The statutory framework applies to any claim for damages arising from harm to personal reputation caused by false content in any form of publication, including oral, written, electronic, or broadcast communications.
- Statute of Limitations: A defamation claim (libel or slander) must be brought within one year of the date the cause of action accrues.
- Truth as a Defense: Truth is a complete defense to a libel action, and for media defendants, accurate reporting of third-party allegations on matters of public concern is also protected.
- Correction/Retraction Requirement: For certain published statements, a plaintiff must make a timely and sufficient request for correction, clarification, or retraction before maintaining a defamation action, or else the defendant must have already made such a correction. Failure to request within 90 days of knowledge of the publication bars recovery of exemplary damages.
When Is a “Lie” Actionable as Defamation?
Not every lie or negative statement is actionable. Texas law requires that the statement be:
- A statement of fact: The statement must be objectively verifiable as true or false. Pure opinions, rhetorical hyperbole, or subjective characterizations are not actionable.
- False: Truth is a complete defense. If the statement is true or substantially true, there is no liability.
- Defamatory: The statement must tend to injure the plaintiff’s reputation, exposing them to public hatred, contempt, ridicule, or financial injury.
- Of and concerning the plaintiff: The statement must be about the plaintiff.
- With the requisite fault: For private individuals, at least negligence regarding the truth of the statement; for public officials or public figures, actual malice.
- Damages: The plaintiff must show damages unless the statement is defamatory per se, in which case damages are presumed.
Defamation Per Se
Certain statements are so inherently harmful that damages are presumed. These include accusations of criminal conduct, having a loathsome disease, serious sexual misconduct, or statements that injure a person’s profession or business.
Context and Meaning
The context and overall gist of the statement are critical. Courts assess whether a reasonable person would interpret the statement as defamatory and whether it is a statement of fact or opinion. For example, simply calling someone a “liar” is not always actionable unless the context makes it a verifiable accusation of dishonesty or criminal conduct.
Implied Defamation and Omissions
Defamation can also arise from statements that, by omission or implication, create a false and defamatory impression, even if the individual statements are literally true.
Statute of Limitations
A defamation claim must be filed within one year of the date the statement was published. The accrual date is generally the date of publication, with rare exceptions.
Correction, Clarification, or Retraction
For certain published statements, Texas law requires that the plaintiff make a timely and sufficient request for correction, clarification, or retraction before maintaining a defamation action, or else the defendant must have already made such a correction. Failure to request within 90 days of knowledge of the publication bars recovery of exemplary damages. There is some disagreement in the case law about whether failure to comply with this requirement bars the claim entirely or only affects damages, but Texas appellate courts have generally held that the claim is not barred, only the ability to recover exemplary damages is affected.
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