Delray Beach Internet Defamation Lawyer

Under Florida law, internet defamation requires four elements: (1) a false statement of fact; (2) publication to at least one third party; (3) fault by the person who published it; and (4) damages. Florida also recognizes defamation per se, where damages are presumed for certain categories of false statements, including those that impute a crime, injure someone in their profession, or allege sexual misconduct. The statute of limitations is two years from the date of first publication.

Immediately. Florida’s two-year statute of limitations begins on the date the content was first published—not the date you discovered it. For anonymous attacks, the situation is even more urgent: social media platforms, ISPs, and web hosts typically retain log data for only 30 to 90 days before deletion. Once those logs are gone, identifying an anonymous poster becomes extremely difficult or impossible. Contact an attorney within days of discovering the content, not weeks.

Yes, if the review contains a false statement of fact (not just negative opinion), you may have a viable defamation claim. Reviews like “this business scammed me” or “the owner committed fraud” are statements of fact that can be proven true or false. Google is not legally liable for user-posted content under Section 230, but the individual who posted the review can be sued for defamation in Florida. We can help identify anonymous reviewers through subpoena and pursue the appropriate legal action.

We file a John Doe lawsuit naming the anonymous poster as an unnamed defendant, then issue subpoenas to the platform, ISP, or web host to obtain account registration information, IP addresses, and access logs. Florida courts have allowed these subpoenas when the plaintiff can show a prima facie defamation claim. The process typically takes several weeks. Once we have identifying information, we can name the actual defendant. The most critical factor is timing—log data disappears fast.

Florida courts distinguish between statements of fact (which can be proven true or false) and pure opinion (which cannot). Only false statements of fact are actionable as defamation. For example: “This contractor did poor work” is likely opinion. “This contractor stole from my home” is a verifiable factual claim that can support a defamation case. Mixed statements—opinion that implies underlying false facts—can also be actionable.

Not directly through Google in most cases. The more effective strategy is to get the content removed from the source website—the platform, forum, or hosting provider—at which point Google’s index will eventually update. Court orders and platform legal requests are more reliable tools than Google’s standard removal process. Once source content is removed, Google cache clears on its next crawl.

Florida law allows recovery for both economic and non-economic damages. Economic damages include lost business income, lost clients, and damage to professional reputation. Non-economic damages include harm to personal reputation, mental anguish, and emotional distress. In cases of defamation per se, damages may be presumed without specific proof of financial loss. In cases involving deliberate malice, punitive damages may also be available.

Yes. While our office is in Delray Beach, we handle internet defamation cases throughout Florida, including Boca Raton, Boynton Beach, Lake Worth, West Palm Beach, Fort Lauderdale, and Miami. For internet defamation matters, geographic location rarely limits the legal options available to you.

Come prepared with: (1) screenshots or copies of the defamatory content with timestamps and URLs; (2) any information about who may have posted it; (3) the dates you first became aware of the content; (4) documentation of any harm caused such as lost clients or business revenue; and (5) any prior communications with the poster or the platform. The more evidence you bring, the more efficiently we can assess your case and outline your options.