What is considered a “public harm” that can give rise to a defamation claim?
In Texas, a “public harm” is any assertion that causes detriment to the reputation of someone or some business. It can include damaging a person’s integrity, sullying their good name, or damaging their professional or social standing. Defamation law in Texas also states that the harm must be to the public at large, not just to the individual being defamed. Examples of public harms include false statements about criminal activity and false allegations that can lead to economic losses such as a false accusation of stealing from a business. Additionally, public harm can be caused by defamatory statements made in the press or on television that are not factual. For instance, if someone were to accuse a business of poor customer service, this could lead to a loss of customer goodwill and potentially cause economic harm. Finally, under the Texas Code of Laws, public harm can be caused by defamatory statements that are false, malicious, and disparaging to someone’s character. These can include false accusations of adultery or attacking someone’s professional reputation. In such cases, the plaintiff (the person filing a lawsuit) must prove that the defendant(s) publicly and maliciously made a false statement about the plaintiff with the intent of causing harm to the plaintiff’s reputation.
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