Online Defamation Law Explained: Florida Statutes & Remedies

Public discourse has become increasingly digital, leading to growing concerns about online defamation. False statements expressed on social media, blogs, emails, or review sites can damage one’s reputation, causing emotional or financial distress. Unlike private conversations, online posts have a broad and instantaneous reach, increasing the potential for harm. Florida’s libel and slander laws help protect individuals from having their reputations tarnished.

What is Online Defamation?

Online defamation involves a false statement presented as fact that damages the reputation of another person, business, or group. In Florida, defamation is divided into libel (false statements in writing or publications) and slander (spoken false statements). The statement must be conveyed to a third party, be a false statement of fact rather than opinion, and lead to damage to the subject’s reputation. In some circumstances, particularly involving a public figure, the statement must include actual malice.

Consequences of Online Defamation

Online defamation can result in rapid and dire consequences including damage to one’s professional reputation, loss of business and professional associations, harassment or threats, and emotional or psychological damage when defamatory statements go viral.

Damages Resulting from Online Defamation

Florida law gives plaintiffs the right to recover economic damages for loss of income, as well as compensation for physical and emotional harm. Courts also allow damages for loss of reputation and the related costs to rehabilitate one’s digital presence. In cases where malice is proven, the defendant may also be ordered to pay punitive damages. Per se defamation involves obviously harmful false statements where damages are presumed. Per quod defamation requires external evidence of actual harm.

Liability for False Information Posted Online

The author or creator of the false statement is normally liable, and sometimes the owner or moderator of the website is subject to liability if they fail to remove defamatory material within a stipulated amount of time after being notified. Under Section 230 of the Communications Decency Act, user-generated content is generally not deemed the responsibility of the social media platform where it was published.

The 2023 Defamation Bill That Did Not Pass

In 2023 the Florida Legislature considered SB 1220, a bill that would have changed several defamation rules, including presumed damages, unmasking anonymous posters, and who counts as a public figure. That bill died in the Senate Rules Committee on May 5, 2023 and was never enacted, so Florida’s existing defamation rules, including the two-year limitations period in Section 95.11(5)(h) and the pre-suit notice and retraction provisions in Chapter 770, continue to apply.

Consult an Attorney

Considering the changing legal landscape, pursuing online defamation claims in Florida can be very complex. Seeking the counsel of an attorney immediately following any suspected defamation can prove essential to minimizing harm. Contact Adam Ludwin at Ludwin Law Group for guidance on online defamation cases in Florida.