What is the standard of proof in a defamation lawsuit?

In a defamation lawsuit in Texas, the standard of proof is a preponderance of the evidence. This means that the plaintiff must prove that what was said or published was false and that the defendant infringed upon the plaintiff’s rights by publishing it. To establish defamation, the plaintiff must prove that the defendant published a false statement about them that harmed their reputation. The statement must also be unprivileged—meaning it was not spoken in a court of law or other setting where it is legally allowed—and it must have been perceived by a third party. The plaintiff must also prove that the defendant acted with either negligence or intent. Negligence means that the defendant did not take reasonable steps to determine the truth of the statement before making it. Intent means the defendant knew or should have known that the statement implied was false. If the plaintiff can meet these criteria, then the defendant has the burden of proving that what they said was substantially true. A burden of proof is the legal requirement of a party in a court of law to prove their case by a certain amount of evidence. In the case of defamation, this evidence is a preponderance of the evidence, meaning that the plaintiff must produce more evidence than the defendant in order to win the case.

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What is the standard of proof in a defamation lawsuit?

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