PJC Business 2024

PJC 110.4

D EFAMATION , B USINESS D ISPARAGEMENT & I NVASION OF P RIVACY

involved. Neely v. Wilson , 418 S.W.3d 52, 68 (Tex. 2013). This defense does not apply if the material is republished with actual malice after it has ceased to be of public con cern. Tex. Civ. Prac. & Rem. Code § 73.002(a). Fair-comment privilege. A publication by a newspaper or other periodical of a reasonable and fair comment on or criticism of a matter of public concern may not be the basis of a defamation action. Tex. Civ. Prac. & Rem. Code § 73.002(a), (b)(2). The fair-comment privilege cannot rest on a false statement of fact. Comments that assert or affirm false statements of fact are not within the privilege. Neely , 418 S.W.3d at 70. In an appropriate case, the court may submit an issue inquiring about the truth of a statement of fact essential to the existence of the privilege. This defense does not apply if the material is republished with actual malice after it has ceased to be of public con cern. Tex. Civ. Prac. & Rem. Code § 73.002(a). Accurate media report of third party’s allegations. Texas law recognizes a defense for newspapers, other periodicals, or broadcasters to accurately report allega tions made by a third party regarding a matter of public concern. Tex. Civ. Prac. & Rem. Code § 73.005(b); Hall , 579 S.W.3d at 380. In an appropriate case, the court may submit an issue inquiring about the accuracy of the report to determine applicabil ity of the defense. Affirmative defense of truth should not be submitted when plaintiff bears bur den of falsity. Where the plaintiff bears the burden to prove the falsity of a publica tion, there should be no submission of a question on the affirmative defense of truth. Rosenthal , 529 S.W.3d at 441 (anti-SLAPP case) .

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