Is a person allowed to use an official inquiry as a defense in a defamation lawsuit?
In Texas, a person is potentially allowed to use an official inquiry as a defense in a defamation lawsuit. In terms of defamation law, this kind of defense is commonly referred to as “official proceedings privilege.” This type of privilege provides qualified protection for statements or activities that were made or done in an official inquiry, where the inquiry was conducted with reasonable care and in good faith. The protection applies to statements made by people who are participating in the inquiry. A person’s statements would be protected as long as the inquiry was properly constituted by a legally authorized body such as a court or government agency. The inquiry must be conducted in a fair and impartial manner for the privilege to be used as a defense. If someone makes a statement during an inquiry and is later sued for defamation, the maker of such statement may be able to use the official proceedings privilege defense. But this protection is favored in recognition of the importance of open and public debate of matters within the jurisdiction of government bodies. As such, the person suing for defamation must demonstrate that the proceedings were not proper or conducted in a reasonable manner.
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