Also according to Texas Law he had 30 days to retract his statement or he would liable for punitive damges in a defamation lawsuit
The Defamation Mitigation Act
The first was HB 1759 called the Defamation Mitigation Act, often referred to as the Retraction Statute, which became law as of June 14, 2013. The purpose of the law is to encourage people who feel they have been defamed to demand a retraction and allow publishers to do it.
Here ‘s how it works. A plaintiff has to notify a publisher about an allegedly defamatory statement within 90 days of learning about it. If a plaintiff fails to do so, they may not be able to seek punitive damages or bring suit until this process takes place. The statute lays out the specifics about what needs to be in the notice including a particular statement identifying the defamatory statement and when and where the publication was made. The publisher then has 30 days to correct the mistake by publishing a correction, an apology or the prospective plaintiff’s own statement.
The retraction must be “published in the same manner and medium as the original publication or, if that is not possible, with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of.” There is a detailed process about challenging the sufficiency of the correction.
If the plaintiff fails to follow this procedure, or the publisher takes corrective action within 30 days, the plaintiff can still sue, but can no longer seek punitive damages unless the plaintiff can show actual malice. If the plaintiff files suit without sending the notification, there is also a process that would allow the defendant to abate the case and allow for the process to take place.
That does sound extremely open to interpretation and discretion. The trouble is, how else can it be done?
If I said "Trump throttled a dog with his bear hands and then ate the entire thing in one big gulp, and then shat it back out in one piece", as crazy as that may sound Trump could, in theory, sue me for defamation - but do you think he would actually ever become aware of me saying such a thing? Hardly. So what if he just so happens to drop by in 4 months time and saw it - he cannot sue me because 90 days has passed since publication? I'm not sure that would be fair. And blatantly Trump did such a thing
If it's mainstream media then there's a good chance that a politician or celebrity would hear about defamation, the same probably goes for rival companies having a public sparring contest. But if my neighbour was calling my wife bawdy on the local community forums, might I ever hear anything of it?
So yes, it really does come down to becoming aware of the slander, so basically the affected person need not ever publicly or officially acknowledge anything about it and deliberate with a lawyer for the next two years, leaving the other party with a mere 30 days to react.
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KnightsofHubris ago
Also according to Texas Law he had 30 days to retract his statement or he would liable for punitive damges in a defamation lawsuit
The Defamation Mitigation Act
The first was HB 1759 called the Defamation Mitigation Act, often referred to as the Retraction Statute, which became law as of June 14, 2013. The purpose of the law is to encourage people who feel they have been defamed to demand a retraction and allow publishers to do it.
Here ‘s how it works. A plaintiff has to notify a publisher about an allegedly defamatory statement within 90 days of learning about it. If a plaintiff fails to do so, they may not be able to seek punitive damages or bring suit until this process takes place. The statute lays out the specifics about what needs to be in the notice including a particular statement identifying the defamatory statement and when and where the publication was made. The publisher then has 30 days to correct the mistake by publishing a correction, an apology or the prospective plaintiff’s own statement.
The retraction must be “published in the same manner and medium as the original publication or, if that is not possible, with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of.” There is a detailed process about challenging the sufficiency of the correction.
If the plaintiff fails to follow this procedure, or the publisher takes corrective action within 30 days, the plaintiff can still sue, but can no longer seek punitive damages unless the plaintiff can show actual malice. If the plaintiff files suit without sending the notification, there is also a process that would allow the defendant to abate the case and allow for the process to take place.
http://www.emedialaw.com/2013-texas-legislature-watch-retracting-the-defamation-and-notifying-about-the-hack/
Newfind ago
Great info. I'm not exactly sure on the chronology but I don't think AJ retracted within 90 days.
KnightsofHubris ago
90 days is for sending a letter asking for retraction.
Then Jones has 30 days after receiving the letter.
Newfind ago
Well considering this started in October that sort of fits within the timeline doesn't it give or take a coiple months.
KnightsofHubris ago
Jones mentions he got a letter in February addressing broadcasts from Nov and December.
Newfind ago
Ah, I see. So does the 90 days start from the date of the infraction for punitive damages and once notified he has 30 days to retract. I see.
palmitespo910 ago
The 90 days starts as soon as the defamed learns about the publication. Which, if you ask me, just has to be impossible to prove.
Vigilia_Procuratio ago
That does sound extremely open to interpretation and discretion. The trouble is, how else can it be done?
If I said "Trump throttled a dog with his bear hands and then ate the entire thing in one big gulp, and then shat it back out in one piece", as crazy as that may sound Trump could, in theory, sue me for defamation - but do you think he would actually ever become aware of me saying such a thing? Hardly. So what if he just so happens to drop by in 4 months time and saw it - he cannot sue me because 90 days has passed since publication? I'm not sure that would be fair. And blatantly Trump did such a thing
If it's mainstream media then there's a good chance that a politician or celebrity would hear about defamation, the same probably goes for rival companies having a public sparring contest. But if my neighbour was calling my wife bawdy on the local community forums, might I ever hear anything of it?
So yes, it really does come down to becoming aware of the slander, so basically the affected person need not ever publicly or officially acknowledge anything about it and deliberate with a lawyer for the next two years, leaving the other party with a mere 30 days to react.
Awkward.
palmitespo910 ago
But the law.............lawyers can't lie can they..........