Defamation, Threats, and Related Crimes

Defamation, Threats, and Related Crimes

Disagreements in business or within personal relations may escalate into verbal attacks. When communication involves false statements of facts or verbal threats, it may be classified as defamatory communication—either libel or slander— resulting in consequences ranging from civil to criminal penalties.

Chapter 836 of the Florida Statutes states the legal consequences of defamation and threats. Although civil lawsuits involving defamation and threats have garnered significant media attention, cases of libel, slander, or threatening letters leading to criminal prosecution are lesser known. For individuals and businesses in Florida, it’s more important than ever to understand the state’s guidelines concerning defamation and threats to avoid liability and protect one’s reputation.

Libel and Slander Under Florida Law

According to Florida law, defamation falls into two main categories: libel, which is written defamation, and slander, which is spoken defamation. Publishing libel is classified as a first-degree misdemeanor in the state of Florida, as stipulated in Section 836.01 of the Florida Statutes. A conviction can lead to a jail term of one year or a fine of not more than 1,000 dollars. This means that defamatory statements spoken in a radio broadcast or printed in a newsletter, online marketing outreach, social media post, or even an email could serve as the basis not only of a civil lawsuit but also of criminal prosecution. 

Statements that are deemed injurious enough to warrant presumed damages without proof of actual harm that they become are called defamation per se. This may include falsely alleging that an individual has committed a crime, has a contagious disease, or has done something that prejudices the person within his or her profession. In these cases, the law assumes that a victim has been harmed and therefore does not have to prove damages incurred. There are also civil remedies that can be sought against a perpetrator of slander and libel. For example, victims can bring a defamation of character claim in civil court. Such a suit can include a claim of lost income, emotional distress, or reputational harm as a result of the defamation. Although the civil provisions of Chapter 836 are widely used the criminal provisions of the same Chapter are viewed as a deterrent to malicious publications intended to harm an individual’s or business’s reputation. 

Threatening Letters and Communications

While defamation is mostly a civil matter, a threatening letter can easily become a criminal one, with the nature of the threat and other factors determining how the law is applied. Under Florida Statute § 836.10, a threatening letter or electronic communication that states the intent to kill or cause bodily harm to another person could form the basis of a second-degree felony carrying a maximum sentence of 15 years in prison and significant fines. However, the threat must be specific and credible, and the sender must have apparent potential of carrying out the threat.

The law also applies to anonymous threats. The anonymity of the sender is not a defense, and in fact can create additional fear and uncertainty through intimidation, which sometimes factors into the calculation of damages owed to the victim. During investigations, law enforcement can order online platforms to provide identifying information about anonymous senders, and other forensic methods are often capable of tracing anonymous email or letters.

Penalties and Consequences

The consequences of defamation and threatening physical harm are serious and may be both criminal and civil.

Criminal Penalties: As mentioned, written threats to kill or commit bodily harm are classified as 2nd-degree felony in Florida with a prison term of up to 15 years and a fine of up to $10,000. Other related offenses, including stalking or cyberstalking, sometimes involve threats and are also often charged as felonies.

Civil Damages: In a defamation case, the prevailing plaintiff is entitled to monetary compensation to repair the damage to his or her reputation. These include economic damages (measurable loss of income, business contracts, or even employment), non-economic damages (related to reputational harm and emotional distress), and punitive damages, which are created to punish the offender in cases of severe malice, as in defamation per se cases.

While there is no standard value for a defamation of character lawsuit, damages are determined by the facts: the severity of the false statement, its publication, the person injured by the reputation and the finances, and the action of the defendant. A defamation of character allegation in a civil case over a small local commercial dispute may only receive $10,000 in damages, whereas a widespread internet defamation libel campaign that ruins the reputation of a national corporation could lead to $50 million or more in damages.

What To Do If You Send or Receive a Threatening Letter

Depending on the content of the defamation or threatening letters, the issue can become criminal, and the accused is advised to tread carefully:

• A person facing allegations of publishing defamatory statements should refrain from publishing or republishing any further communications because repeating the allegation can heighten legal exposure.
• Any person who receives a threatening letter or email should save the evidence, notify the police, and avoid any face-to-face conflicts with the alleged sender.
• To prevent defamation in the business world, employers can enact policies that combat defamation and harassment, especially when it comes to guidelines for online communication.

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