What defenses are available to those charged with defamation?

Under Texas law, those charged with defamation have several defenses available. Perhaps the most common defense is that what was said or written was true. This defense applies if the person who made the defamatory statement can prove that the statement was in fact true. Another defense is that the statement was not actually defamatory. This defense applies if the statement is not considered to be defamatory in nature, such as when a person speaks their opinion without making any false claims about another person. Additionally, those charged with defamation may use the defense of privilege. This applies when the statement is made with a certain degree of privilege provided by the laws of the state or by a court. For example, in Texas, an individual is allowed to make a statement if it is made in the course of their official duties as a public official. Finally, those charged with defamation may assert the defense of consent. This applies when the person who was the subject of the defamation consented to the statement being made. For instance, if a celebrity writes a book about their life story and consents to the truthfulness of the content, then they cannot become the subject of a defamation lawsuit. In summary, those charged with defamation in Texas have several defenses available to them, including truthfulness, opinion, privilege, and consent. In order to determine which defense applies in a particular case, it is important to understand the exact statement which was made and to consider the surrounding context of the situation.

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