Can You Sue Someone for Defamation in Texas?

By Kevin Acevedo – Ace Law | Personal Injury, Criminal Defense, Business & Civil Litigation, Family Law, Estate Planning & Probate

In today’s world, damaging statements can spread faster than ever. A false accusation posted on social media, sent by text message, published online, or repeated to other people can potentially damage someone’s reputation, career, business, and personal life.

But when does a harmful statement become defamation under Texas law?

And more importantly, can you sue someone for defamation in Texas?

The answer depends on the specific facts and circumstances of the situation.

What Is Defamation in Texas?

Defamation generally involves the publication of a false statement of fact about another person to a third party that is defamatory and made with the required level of fault. Depending on the circumstances, damages may also need to be established.

Texas courts generally identify four primary elements of a defamation claim:

1. A false statement of fact was made.
2. The statement was published or communicated to a third party.
3. The statement was defamatory concerning the plaintiff.
4. The defendant acted with the required degree of fault.

In some cases, the plaintiff must also prove damages. Texas recognizes circumstances involving defamation per se, where certain statements are considered so inherently harmful that general damages may be presumed.

What Does “Published” Mean?

You do not have to be a newspaper or television station to potentially be liable for defamation.

For purposes of a defamation claim, a statement can be communicated through many different forms, including:

• Social media posts
• Facebook or Instagram
• Text messages
• Emails
• Websites
• Online reviews
• Videos
• Podcasts
• Phone calls
• Conversations with other people

Texas law specifically provides that defamation-related publications can include written, oral, electronic, and other forms of communication.

What If Someone Posts a False Statement About You on Social Media?

Social media has created an entirely new environment for reputation disputes.

Someone might post that you committed a crime, stole money, acted dishonestly, committed professional misconduct, or engaged in other wrongful behavior.

But not every offensive, insulting, or negative statement automatically qualifies as defamation.

One important question is whether the statement is a verifiable statement of fact or merely an opinion.

For example, saying:

“I don’t like this person’s business.”

is generally different from falsely stating:

“This business owner stole $50,000 from customers.”

The specific language, context, and circumstances matter.

What If Someone Accuses You of a Crime?

False accusations of criminal conduct can be particularly damaging.

Depending on the circumstances, statements falsely accusing someone of serious wrongdoing may potentially support a defamation claim.

However, these cases can be legally complicated because courts must consider the precise statement, whether it is provably false, the context in which it was made, and the status of the person who was allegedly defamed.

Do You Have to Prove That You Lost Money?

Not always.

Texas recognizes defamation per se, a category of statements for which general damages may be presumed.

However, that does not mean every defamation case automatically results in a monetary recovery.

Texas courts have explained that even when general damages are presumed in a defamation-per-se case, a particular amount of damages is not automatically presumed.

Economic losses may also be relevant depending on the circumstances of the case.

For example, a defamatory statement could potentially affect:

• Employment
• Business relationships
• Professional reputation
• Customer relationships
• Income
• Personal relationships

What About Public Figures?

The legal standard can be different depending on whether the person bringing the claim is a private individual, public figure, or public official.

Texas courts recognize that a private individual generally must establish negligence, while a public figure or public official may have to prove actual malice.

Actual malice in this context means that the statement was made with knowledge that it was false or with reckless disregard for whether it was true.

What If the Statement Is True?

Truth is an important consideration in defamation cases.

A statement that is substantially true generally cannot form the basis of a defamation claim simply because the person does not like the way it was communicated.

That is why a careful review of the evidence is critical before filing a lawsuit.

Texas Has a Short Deadline for Defamation Claims

This is extremely important.

Under Texas law, a person generally must bring a defamation lawsuit within one year after the cause of action accrues. The Texas Supreme Court has explained that, generally, a defamation claim accrues when the allegedly defamatory publication is made.

Because deadlines can be complicated and exceptions may apply in limited circumstances, someone who believes they have been defamed should speak with an attorney as soon as possible.

Waiting too long can jeopardize your ability to pursue a claim.

Should You Send a Demand for Correction or Retraction?

Texas law contains specific provisions concerning requests for correction, clarification, or retraction in defamation cases.

Under the Texas Defamation Mitigation Act, a person may need to make a timely and sufficient request for correction, clarification, or retraction—or the defendant may make such a correction, clarification, or retraction. The statute also establishes consequences involving exemplary damages when a request is not made within a specified period after knowledge of the publication.

This is one reason it can be valuable to consult an attorney before sending messages, making public accusations, or filing a lawsuit.

What Should You Do If Someone Is Spreading False Information About You?

If you believe someone is damaging your reputation with false statements, consider taking the following steps:

Preserve the Evidence

Take screenshots and preserve emails, text messages, social media posts, videos, recordings, reviews, and other relevant information.

Do Not Respond Emotionally

An angry response can create additional evidence or make the dispute more complicated.

Identify Who Received the Statement

A defamation claim generally involves communication of the allegedly defamatory statement to a third party.

Avoid Making Additional Accusations

Trying to fight a defamatory statement by publicly attacking the other person can escalate the situation and potentially create additional legal issues.

Speak With a Civil Litigation Attorney

An attorney can evaluate whether the statement potentially meets the legal requirements for defamation and discuss available options.

Can You Sue for Defamation in Texas?

Potentially, yes.

But a successful defamation claim requires more than proving that someone said something mean, embarrassing, or offensive.

The statement, its truth or falsity, how it was communicated, who received it, the defendant’s level of fault, damages, and other legal issues can all matter.

At Ace Law, we understand that your reputation can be one of your most valuable assets.

If someone has made false statements that are damaging your personal or professional reputation, our Civil Litigation attorneys can evaluate your situation and help you understand your legal options.

Protect Your Reputation. Protect Your Future.

If you believe you have been the victim of defamation in Houston or elsewhere in Texas, don’t wait until the deadline becomes a problem.