Is a statement considered defamatory if it is made to a third party?

Yes, a statement can be considered defamatory even if it is made to a third party in Texas. This is because Texas law considers statements defamatory if they damage the reputation of an individual or business. Defamatory statements can be made orally to a third party, as well as in writing or electronically. Texas courts have ruled that a statement is defamatory if it causes injury to one’s reputation by exposing them to “public hatred, ridicule, contempt, or disgrace.” The law is clear that the statement can be made to a third party, even if it is not intended or repaired to reach the person about whom it is made. In addition, defamation can exist even if the statement is true. Texas does not recognize “truth as a defense” against a charge of defamatory statements. Rather, the person making the statements must have acted with malice, or with the intent to cause harm. Ultimately, the determination of whether a statement is considered defamatory lies in the eyes of the beholder—that is, if a reasonable person would consider the statement damaging or harmful to the subject’s reputation, then it is likely that the statement is defamatory.

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Is a statement considered defamatory if it is made to a third party?

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