As a business owner in Dallas, it’s important to understand quickly and easily the definition of defamation and the rules around it. Defamation – also known as ‘slander’ or ‘libel’ – is defined as the public communication of false information that damages someone's reputation. Libel is a written defamation, while slander is verbal. The law of defamation protects people's reputation from being falsely attacked by someone else. If you feel as though someone has made a false communication about you or your business, you may be able to sue them for damages.

Defamation of character is one of the most common forms of litigation in the business world. Each state has its own laws that outline the process of filing a defamation lawsuit, and the possible defenses which may be offered. In Texas, especially within the city of Dallas, the legal remedies available are aimed at preserving the reputation of the complaining party, such as requiring the defending party to cease and desist any further deceitful communications and pay fees which have been incurred as a result of the libelous action.

In this guide, we’ll cover the elements of defamation, how it’s judged in accordance with the law, and the most effective strategies that business owners can use to protect their reputation. Read on to gain the upper hand when it comes to the laws of slander and defamation.

What are the Different Types of Defamation?

In the eyes of the law, there are two primary types of defamation. Libel is a form of defamation that is written in any form of print media – newspapers, digital publications, etc. – that is publicly available. Slander, on the other hand, is verbal (or in-person) communication that is made in a public setting.

When filing a lawsuit or taking other legal action against someone for defamation, it’s important to understand the difference between libel and slander. In Texas, the courts assume the components of a slander case are true unless the defendant can prove otherwise; with libel, the courts presume it to be false until proved otherwise.

Identifying Defamatory Relationships

In the legal world, it’s essential for proper identification of a defamatory relationship between two or more people. Generally speaking, defamation is defined as communication – either written or spoken – that causes damage to the reputation of a person. To be considered legally defamatory, the language used must be found to be false, with the intent of damaging the reputation of the victim.

Whether you are in a relationship or engaged in a professional or business partnership, it’s important to familiarize yourself with the definition of “defamation per se”. This type of defamation is characterized as explicit and more damaging than ordinary types of defamation. Generally speaking, this type of defamation consists of language that falls into four categories. It includes provably false accusations of criminal activity, indecency, lack of professional qualifications, and impugning of a person's business, trade, or profession.

If any of these categories apply to you or your business, it is important to be familiar with your legal rights. In Texas, defamation suits are based on a plaintiff proving that the defendant is the source of the false statement and that the statement caused the plaintiff actual harm.

Time Periods for Defamation

It’s important to note that the time period in which a defamation lawsuit can be filed is important to consider in your strategy. In the state of Texas, the limitations period for filing a defamation suit is two years for libel and one year for slander. These time frames begin when the plaintiff knew or should have known of the defamatory statement.

Strategies for Protecting Your Reputation

As a business owner or professional, your reputation is one of the most valuable assets that you possess. It’s equally important to protect yourself from potential lawsuits due to defamation. Following are a few strategies that you can employ for protecting your reputation and minimizing the chances of being involved in a defamation case.

Be aware of your online footprint: It’s essential to monitor your online presence and ensure that there are no defamatory statements about your business or professional reputation.

Know the law: Familiarizing yourself with the relevant legal protections and statutes that exist in this area will help you to understand your rights if you ever find yourself in the middle of a defamation lawsuit.

Be careful what you say: Before making any statement that could be considered defamatory, consider its impact and implications.

Take a measured approach: If you do find yourself defending a defamation suit, ensure that you take a measured approach so as not to fan the flames.

Seek legal counsel: Consult with experienced legal counsel to ensure that you are taking the right steps if you are considering filing a defamation lawsuit.

Hire an Accomplished Local Attorney for Defamation Representation

If you are considering a defamation lawsuit, it’s important to be aware of the many legal and business implications. Whether you’re the victim of libel or slander, an experienced Dallas-based libel and slander attorney can help you to evaluate your case and ensure that you take the right course of action.

Business lawyers at UpCounsel have an average of 14 years of experience, and their profiles include client ratings and recent reviews of their work. UpCounsel delivers access to high-quality attorneys on demand for your business, so you can find the help you need right away. The UpCounsel attorney network has served trusted organizations across the US, including small businesses to Fortune 1000 companies.

Whether you need a one-time consult or an entire freelance legal department, UpCounsel’s legal professionals can guide you with the best approach to protect your reputation and secure the legal remedies available to you. Browse our selection of Dallas business attorneys to find the perfect fit for your case.

Topics:

Defamation Definition,

Business Owners in Dallas,

Slander