West Palm Beach Internet Defamation Lawyer

Under Florida law, internet defamation (online libel) requires four elements: (1) a false statement of fact—not opinion; (2) publication to at least one third party; (3) fault by the person who published it (negligence for private figures, actual malice for public figures); 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 under Fla. Stat. § 95.11(4)(g).

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. Reviews like “I had a terrible experience” are generally protected opinion. Google is not legally liable for user-posted content under Section 230 of the Communications Decency Act, but the individual who posted the review can be sued for defamation in Florida. Defamation lawsuits in West Palm Beach are filed in Palm Beach County Circuit Court. We can help you identify anonymous reviewers through subpoena if necessary and pursue the appropriate legal action.

We file what is called 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 from filing to receiving a response. Once we have identifying information, we can name the actual defendant and proceed with the lawsuit. The most critical factor is timing—log data disappears fast, and we need to act before it does.

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. Courts look at whether the statement implies a verifiable fact, the context in which it was made, and whether a reasonable person would interpret it as fact or opinion. For example: “This contractor did poor work” is likely opinion. “This contractor stole from my home” is a verifiable factual claim. Mixed statements—opinion that implies underlying false facts—can also be actionable. A defamation attorney can evaluate the specific language in your situation.

Not directly through Google, in most cases. Google will remove content from search results in limited circumstances (child sexual abuse material, certain personal information, court-ordered removals) but generally does not remove links to third-party content based solely on a defamation claim. 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 down, Google cache clears on its next crawl.

Florida law allows recovery for both economic and non-economic damages in defamation cases. Economic damages include lost business income, lost clients, damage to professional reputation, and costs incurred to address the defamation. 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 or reckless disregard for the truth, punitive damages may also be available. The value of any specific case depends on the facts, the reach of the content, and the provable harm.

Most internet defamation lawsuits involving West Palm Beach plaintiffs or defendants are filed in Palm Beach County Circuit Court, located at 205 N Dixie Hwy in downtown West Palm Beach. Cases with diversity jurisdiction or federal questions may be filed in the U.S. District Court for the Southern District of Florida. Ludwin Law Group practices in both courts. During your case review, we will identify the most appropriate venue and explain why based on your specific facts.

Come prepared with: (1) screenshots or copies of the defamatory content with timestamps and URLs; (2) any information you have about who may have posted it; (3) the dates you first became aware of the content; (4) documentation of any harm caused (lost clients, business revenue, professional consequences); and (5) any prior communications you have had with the poster or the platform. The more evidence you bring, the more efficiently we can assess your case and outline your options. If you cannot preserve content directly, we can assist with evidence preservation steps.