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Florida New Defamation Law: A Simplified Process for Filing Lawsuits
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press (The U.S. Bill of Rights).
This is a partial transcript of the First Amendment, ratified in 1791, upholding an individual’s right to free speech and permitting them to express any statement they want without repercussion. This concept has been lawfully protected since its inception, which, in large part, is the reason why Americans may express any opinion, rational or irrational. They may also peacefully protest in the street or publicly debate across various media. However, when free speech becomes amplified and irrational thoughts are conveyed, lies are inevitably told, resulting in damaged reputations. If these lies are, in fact, legitimate falsehoods, the individual who spoke them is at legal risk of a defamation lawsuit.
Why Sue for Defamation?
Defamation is harming someone else’s reputation through slander or libel. Put simply, slander is speaking falsely about someone, whereas libel is writing falsely about someone. In either case, the falsity of these statements could jeopardize a person’s well-being, livelihood, and overall reputation. This is why having the ability to sue for defamation proves to be a convenient form of seeking justice. Ultimately, the scope by which a false statement may be considered legitimate defamation depends on the actual malice of the statement.
Actual Malice
Actual malice refers to a higher, more attestable standard of defamation cases in which reckless disregard of known falsity must be proven. For instance, in typical defamation cases, a defamatory remark needs evidence of an expressed statement and its falsity, public deliverance of the statement, and damages it has caused the victim. Conversely, a defamation case relying on the standard of actual malice will need additional evidence. Particularly, this involves disregard for the falsity of a statement while still being expressed, demonstrating recklessness and even knowledge of its falsity.
Cases like this usually involve public officials, public figures, or the media. This is because public recognition implies behavior that aligns with higher standards than what is expected of an average citizen. Thus, higher standards apply in the event a public figure endures a defamation case, holding them to an accurate account of the truth and more sufficient evidence.
Relationship Between the Media and Public Figures
In counteraction to actual malice standards, House Bill 757 was proposed as better protection of public figures, especially in the media. The relationship between the media and public figures has always been complicated, as the media does not always provide accurate information, and socially renowned individuals misspeak from time to time. HB 757, however, aims to reduce this tension by widening the scope of actual malice, thereby granting public figures the ability to sue for defamation with a lower bar. This notion also brings to question the differences between an actual instance of defamation and the law surrounding false light.
False Light vs Defamation
While defamation law accounts for any false statements made about an individual that harm their reputation, false light has more to do with the impression that the individual gives off to the public. As a result of a misleading remark, the victim is now painted in a negative light that does not accurately portray their true character. The remark is deceptive by nature and contains an untrue bias and implication against the victim. This distinction is separate from actual defamation, wherein there exists no bias or implications but facts alone.
New Florida Defamation Law
Amidst some complications of defamation law, the state of Florida keeps in mind the judicial rights of all people, regardless of right or wrong. To align appropriately, Florida House Representative, Alex Andrade, proposed HB 757 as direct protection of public figures, especially from Florida media organizations that make inaccurate statements based on anonymous sources. The presumption here is if the source is anonymous, it lacks credibility, making the media guilty of actual malice. The defamation statute of HB 757 consists of the following:
- falsely stated information must be removed from online media;
- victims may sue if artificial intelligence (AI) creates false information that paints them in a negative light;
- victims may take their cases to any Florida county for trial.
If these lawsuits are filed, they become matters of gathering sufficient evidence that supports actual malice claims, false light claims, and damages suffered. These damages typically include job loss, financial loss, or harm to one’s positive reputation and good name. In any case, damages must be presented before a judge and shown as honest evidence.
To help gather the necessary evidence, it is always advised to hire a Florida defamation lawyer who understands the principles of defamation law. Because defamation lawsuits are civil, it is also encouraged that people sue as a response to defamation of character.
Results of House Bill 757
While HB 757 gained interest among members of Congress for its consideration of public figures, media incentives, and terms of actual malice, the bill eventually died in March of this year. The ultimate reason is because it technically violates the First Amendment. Returning to the partial transcript mentioned above, it clearly states that “Congress shall make no law…abridging the freedom of speech, or of the press” (The U.S. Bill of Rights). Under this premise, the fact of the matter is that HB 757 revises free speech principles far too heavily. While justice is a strong motivator, there exists no excuse for laws to infringe upon the rights and democracy of the people. This includes both freedom of speech and of the press.
FAQs
What is the law on defamation in Florida?
The state of Florida defines defamation as a false statement that damages someone’s reputation, particularly through slander or libel. In fact, the Florida statute on defamation specifically calls it a “publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander” (Official Site of Florida Legislature). Libel is a written statement about someone that is false, whereas slander is a spoken statement about someone that is false, both harming their reputation.
How do you sue for defamation of character in Florida?
To sue for defamation in Florida, be sure to gather all evidence to prove your case of a false statement made about you that has harmed your reputation. Your evidence should include any documentation on the false statement, the publication (who made the statement and when or where it was made), and the injury, or how it has negatively impacted your life. You should keep all documentation, including screenshots of any false statements as well as termination notices from your job or denial of opportunities resulting from the skewed perception of your character.
Can a public figure sue for defamation?
Yes, public figures may sue for defamation. However, because of their public status and influence, they are held to the higher standard of actual malice principles. In defamation law, actual malice is a higher standard of evidence that is applied to public figures and officials in which reckless disregard of known falsity must be proven if they are to sue for defamation. In other words, they will need to prove that the statement made against them contains actual malice that is intended to harm their reputations.
What is the Florida statute of slander?
The Florida statute of slander is a false statement made against someone that is verbalized. Specifically, the statute defines slander as
- a “publication or broadcast…of…slander” and
- orders the plaintiff to “serve notice in writing on the defendant, specifying the article or broadcast and the statements therein which he or she alleges to be false and defamatory” (Official Site of Florida Legislature).
What are the five elements of defamation?
The five elements of defamation make up what constitutes a defamation case and the types of evidence a plaintiff will need to present before a judge. Here is the checklist:
- a publicly made statement about someone;
- the statement is false;
- a name attached to the person whom the false statement is about;
- the false statement damaged the person’s reputation;
- sufficient evidence that all the above are, in fact, true, and the defendant is guilty of defamation.
Is there a statute of limitations on defamation?
In Florida, the statute of limitations for defamation claims is two years to file once the defamatory statement is made. This means that upon publication of the false remark that damages someone’s good name, the victim has two years to file a defamation claim, allowing them time to recognize the statement, hire a lawyer, gather evidence, and sue the offender.
