In the lawsuit, filed Wednesday in L.A. County Superior Court, Parker alleges X17 defamed him, claiming, "X17 had to know that the story was false, or at the very least, it had to have entertained serious doubts about the credibility of its supposed source."
X17 published stories that French model Alexandra Paressant had "an affair with Mr. Eva Longoria and that the two carried on a secret relationship for about two months." He seems particularly pissed that X17 never sought to "verify the information with Mr. Parker, Ms. Longoria, any of their representatives or....anyone else who might have knowledge of the truth or falsity of the allegations."
The suit states, "Tony Parker has never had sexual relations with a woman named Alexandra Paressant."
The suit seeks at least $20 million.
Tony is suing on the grounds of defamation, and truth is a defense to defamation. So, if the magazine can show that this is true, no dice.
Typically, the elements of a cause of action for defamation include:
- A false and defamatory statement concerning another;
- The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
- If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
- Damage to the plaintiff.
Because Tony is a public figure, he also must prove that the statement was made with "actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth.
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