Can an advertiser be liable for defamation?

Yes, an advertiser can be liable for defamation. In Texas, an advertiser can be liable if they make a false statement about a person, business, or product that damages the reputation of the targeted individual or entity. Advertising law in Texas states that the claimant, the person alleging defamation, must prove that the advertiser made a false statement of fact, and that it was done with either negligence or intent. The law also states that the statement must be understood to be factual in nature, rather than an opinion. To prove this, the claimant must show that the statement could be interpreted as an accusation of wrongdoing or as a false statement of fact, and that it was done with either negligence or intent. In order to prove negligence, the claimant must prove that the advertiser failed to use reasonable care in making the statement and did not properly research the statement. To prove intent, the claimant must prove that the advertiser had knowledge of the falsehood of the statement or that the advertiser acted in reckless disregard of the truth. If an advertiser is found guilty of defamation in Texas, they may be liable for damages, such as lost profits, harm to the claimant’s reputation, or any costs the claimant had to pay to defend against the false statement. Additionally, if the advertiser is found to have acted with malice or reckless disregard for the truth, then they may be liable for triple the damages.

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Can an advertiser be liable for defamation?

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