If you are dealing with the aftermath of a defamatory statement, you could have unbearable stress, depression and anxiety regarding your future. False statements shatter careers, reputations and even financial interests. From professional athletes to actors, politicians and other high-profile individuals, it is paramount for those suffering due to false statements to take action.
Sometimes, victims reach out to publishers and ask them to clarify, retract or correct defamatory statements. It is vital to make such a request promptly since time limits apply. In some instances, publishers ask for evidence that defamatory statements are false.
Defamation Under Texas Law
Under the Texas law, a person may not “maintain an action for defamation” unless “the person has made a timely and sufficient request for a correction, clarification, or retraction from the defendant,” or “the defendant has made a correction, clarification, or retraction.” Tex. Civ. Prac. & Rem. Code § 73.055(a).
Under section 73.055(b), a request for a correction, clarification, or retraction is timely if made during the period of limitation for commencement of an action for defamation, which is among the shortest limitation periods: one year. Tex. Civ. Prac. & Rem. Code § 16.002(a).
Take Immediate Action With A Defamation Mitigation Letter
A defamation mitigation letter is an official letter sent on behalf of the defamed party to the person who is saying the defamatory statements. This letter outlines the slanderous claims, what actions the defaming party needs to take and what will happen if the defamatory claims are not retracted. Often, the defaming party will retract their false accusations based on this letter alone.
This letter requires the person saying false accusations to retract their statement, including written notice to every publication where false statements were made, within 30 days. If the defaming party fails to retract their statements, the defamation lawsuit can move forward. Our defamation mitigation lawyers will work with you to determine what can be done in your defamation case and send the defamation mitigation letter on your behalf. We will also investigate every avenue of possible compensation in your defamation case.
Providing evidence of defamatory statements within 30 days
According to the Texas Constitution and Statutes, those who receive a request to clarify, retract or correct defamatory statements can ask the person who made such a request to offer evidence proving that the statements are false. If a publisher asks you for such evidence, it is vital to provide proof within 30 days. If you fail to disclose such evidence within 30 days, you could lose the ability to recover damages.
Time limits regarding the correction of defamatory statements
After a publisher receives valid evidence they requested regarding defamatory statements, they must take the appropriate course of action and inform their audience of the false nature of the original statement within 30 days. Retractions, corrections and clarifications must target the audience in a certain manner concerning the original defamatory statement.
Unfortunately, victims of defamation do not always receive the justice they deserve, and you should not hesitate to stand up for your rights if you find yourself in this position.
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