Legal Question in Personal Injury in Texas
Libel Laws
I have an idea for a potentially successful business that may involve slander/libel issues. The written commentary would name specific people by their full name and location and describe their personal faults, however the source of the commentary would remain anonymous. The publication may be viewed by prospective employers. If the publication were to include a statement such as ''for entertainment purposes only'' and be edited to exclude any verbiage that may suggest criminal wrongdoing, would this be sufficient to protect against potential personal injury or libelous lawsuits?
2 Answers from Attorneys
Re: Libel Laws
This idea has so many pitfalls that it may be that you will need an attorney on staff full time. There are so many problematic issues with this idea that I suggest you invest in a consulation with an attorney before you go forward.
Re: Libel Laws
"[A] private individual may recover damages from a publisher or broadcaster of a defamatory falsehood as compensation for actual injury upon a showing that the publisher or broadcaster knew or should have known that the defamatory statement was false." Foster v. Laredo Newspapers, Inc., 541 S.W.2d 809, 819 (Tex. 1976), cert. denied, 429 U.S. 1123 (197_).
Offhand, I don't know whether the mere hosting of a website would make one subject to slander. It's possible that you might have an affirmative duty to make sure that the things said are not defamatory, an obviously impossible burden. The damages a person could suffer as a result of losing employment could be significant. So, you should explore the full legal ramifications before launching the website. Your "entertainment purposes only" and editing of criminal wrongdoing appear inadequate to shield you from liability.
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