Defamation
The State of Florida requires the following elements to meet the definition of a claim of defamation:
- The defendant (the person being sued for defamation) must publish a false statement. Publish can mean a spoken or written statement.
- For the defendant to be liable, the statement must be false. If it is true, the plaintiff does not have a claim against the defendant.
- The plaintiff must claim that he or she was defamed. This means the reputation of the plaintiff must be harmed, such as exposing him/her to hatred, ridicule, or contempt; causing him/her to be shunned; or injuring him/her in his business or trade.
- The statement must have been presented to a third party.
Defamation Per Se
In lawsuits against media defendants, the Florida Supreme Court ruled in 1985 that the State no longer recognizes "presumed damages" for "defamation per se." Presumed damages require no proof of actual injury to be awarded. Per se means that some statements of fact are so unreasonable they are presumed to harm the plaintiff's reputation.
Statements defame someone's character if they falsely accuse the plaintiff of:
- A criminal offense
- A loathsome disease
- Something that harms his business, profession or office
- Serious sexual misconduct
Public Figures
The laws of the State of Florida define a public figure in a very broad sense. The State Supreme Court in 1984 defined a police officer as a public official because he was a "highly visible representative of government authority who has power over citizens and broad discretion in the exercise of that power."
Public figures in Florida must prove that there was actual malice in the defamation; that is, that the defendant knowingly lied about the claims.
Criminal Libel
Florida differs from most other states in that it still recognizes criminal libel. The law specifically makes it illegal to tell lies that harm a bank's or other financial institution's reputation or accuse a female of being unchaste.
Substantial Truth
Truth is an absolute defense against defamation. In Florida, courts also recognize substantial truth, or recognize that the gist of what has been said is true.
Opinion and Fair Comment Privileges
In Florida, the court considers First Amendment privileges to cover "pure opinions." This means someone has the right to criticize others, express opinions and make statements about subjects of public interest.
The privilege also protects the right to extreme exaggeration when it is clear the defendant is using a figure of speech, such as calling someone an imbecile or an idiot, even if the statement hurts the feelings of the plaintiff or affects their reputation. However not all statements of opinion are protected, such as saying, "In my opinion, the county treasurer killed his wife."
Contact an Orlando Defamation Attorney
Have you been accused of defaming another person? Many laws in Florida protect the right to free speech. You should seek the advice of a Florida defamation lawyer to help you preserve that right.
Troum & Wallsh are highly familiar with the complex law of defamation. They will use all their resources to defend you vigorously against defamation and will help ensure your rights are protected. Contact us to schedule an evaluation of your case.
Office Location
2450 Maitland Center Pkwy #303
Maitland, FL. 32751
Phone: (866) 433-1087
Fax: (407) 644-5511
