Under the Defamation Mitigation Act, Texas requires requesting a timely written correction before suing to protect damages. Brandy Austin Law Firm can help.
A false statement can spread quickly, especially online, and the first instinct is often to respond publicly or to file suit right away. Texas law builds a step into the process that many people overlook, which is a written request that the publisher correct or retract the statement. Missing that step can cost a person part of the compensation available later.
Texas Law Encourages Correction Before Litigation
The Defamation Mitigation Act, found in Chapter 73 of the Civil Practice and Remedies Code, lets a person who was defamed ask the publisher to correct, clarify or retract a statement. The request goes to the publisher, not to a court, and it gives the publisher a chance to fix the problem. A publisher that responds can limit the harm, and the person who was defamed can often stop the spread sooner than a lawsuit would.
The statute also makes the request a condition of suing. A person may maintain an action for defamation only if a timely and sufficient request was made or the publisher already issued a correction, clarification or retraction.
Business and Family Disputes Often Bring These Claims
When a false statement damages a company’s reputation with customers or lenders, the dispute can overlap with Fort Worth business litigation, especially when the statement came from a competitor or a former insider.
A former partner who breaks a non-disparagement promise may also raise a Fort Worth breach of contract claim alongside the defamation claim.
False accusations between spouses can complicate a Fort Worth divorce as well, and the same correction step may apply to statements made outside the courtroom.
The 90-Day Clock Affects Damages
A request is timely if it is made during the period of limitation for a defamation suit. A separate and shorter deadline applies to a particular type of recovery. A person who does not ask for a correction, clarification or retraction within 90 days after learning of the publication may not recover exemplary damages, which are meant to punish especially wrongful conduct.
A timely correction by the publisher also matters. When one is made, the person claiming harm may not recover exemplary damages unless the publication was made with actual malice. Both rules reward speed, and both make it worth identifying the date the person first learned of the statement.
A Sufficient Request Has Specific Contents
A vague complaint does not meet the standard. The request must be in writing, identify the person making it and be signed by that person or an authorized attorney or agent. It also needs to:
- Be served on the publisher
- State with particularity the statement alleged to be false and defamatory, and the time and place of publication when known
- Allege the defamatory meaning of the statement
- Explain the circumstances that create that meaning when it comes from something other than the express words
A Fort Worth defamation lawyer can draft the request so that each required element is present and the dates are documented.
Not Every Harsh Statement Qualifies
A request has to be built around a false statement of fact, since what is not defamation includes opinion, harsh criticism and statements that are true even when they sting. Reviewing the exact words, the context and the audience before sending anything keeps the request focused.
People searching for a Fort Worth defamation lawyer often arrive with screenshots and no clear sense of which statement is actionable.
Timing is harder with social media defamation, because a post can be shared, copied and reposted long before the person it concerns ever sees it. The 90-day period runs from knowledge of the publication, so the date of discovery should be recorded.
A Firm Built Around Civil Disputes
Attorney Brandy M. Austin has been licensed in Texas since 2008 and founded Brandy Austin Law Firm in 2013. Her practice includes defamation, business disputes, civil litigation, personal injury, family law and probate and estate planning. She has been recognized as a Super Lawyers Rising Star from 2015 to 2018 and as a Top Attorney by Fort Worth Magazine.
Anyone dealing with a false statement should begin keeping records right away, and those who want help deciding what to send and when can reach out to Brandy Austin Law Firm to review the facts before a deadline passes.