The Texas Supreme Court recently sided with a local television news station in a significant defamation suit, finding that a doctor who sued the station over a media report about her did not meet her burden to move forward.
ABC affiliate KBMT-TV had appealed a lower court’s decision that found for pediatrician Minda Lao Toledo, who sued the station alleging that it inaccurately reported her disciplinary findings from the Texas Medical Board by incorrectly implying that she had been punished for having sex with a minor.
In an important test of Texas’ Anti-SLAPP (strategic lawsuits against public participation) statute, the Texas Supreme Court held that the media may report on official proceedings without having independently investigated the matters at hand.
The Texas Supreme Court ruled 6-3 to dismiss the doctor\’s defamation suit because she could not prove the disciplinary report was substantially false and remanded the case to the trial court for further proceedings.
Implications going forward: This sets a clear test for media defendants. If a media organization is reporting on an official proceeding relating to matters of public concern, the only thing it needs to look to in its reporting is the official proceeding – no independent verification of the official proceeding is required.
The case is KBMT Operating Company, LLC et al. v. Minda Lao Toledo, case number 14-0456, in Texas Supreme Court.