Florida Law on Defamation of Character

Some aspects of Florida defamation law differ from other states.

Defamation law is intended primarily to protect private individuals from harm caused to their reputations by deliberate (or negligent) untruthful statements. Public figures are protected too, but have a higher burden to meet or prove a defamation claim. The main elements of defamation law, and the defenses against a defamation claim, are broadly the same throughout the United States, but there are some important differences at the state level. Florida, for example, interprets the concept of public figures broadly when it comes to government agents, and also, unlike many other states, considers some types of defamation to be criminal offenses.

General Defamation Law

Truth is always a defense against a defamation claim.

In the United States law, "defamation" is a term for a false statement which causes tangible harm to a person's reputation. A legal claim for defamation must prove that the defendant (against whom the claim was brought) made or published a statement; that statement referred to the plaintiff; the statement was actually harmful to the plaintiff's reputation rather than merely offensive or distressing, and a degree of fault can be attributed to the defendant. The degree of fault, which needs to be shown, ranges from negligence, in most cases, to actual malice in the case of public figures. Only purported statements of fact can be defamatory, not statements of opinion, and truth is a complete defense. In other words, a statement, no matter how harmful, is not defamatory if the facts stated are true.

Florida Defamation Law

Florida law is similar to the law in other states as far as the main elements of defamation are concerned. Injury to the plaintiff must be demonstrated, as well as at least negligence on the part of the defendant. In a few respects, however, Florida law differs from other states.

Public and Private Figures

Generally speaking, public figures face a higher burden of proof than private individuals in defamation claims. To preserve a general right to criticize public figures, it is necessary to show not merely negligence on the part of the defendant in making an untruthful statement, but actual malice. In other words, a public figure must show the defendant's explicit intention to cause injury by publishing a falsehood. The line between public and private individuals is difficult to draw. In Florida, courts have interpreted the category of public officials very broadly to mean just about any agent of the government, including, for example, police officers.

Criminal Libel

Defaming a financial institution can be a criminal offense in Florida.

In Florida, the offense of criminal libel still exists. Whereas defamation is generally a civil matter, Florida law recognizes some types of libel as criminal offenses. Knowingly sending libelous information to a journalist, for example, is a crime, as is the malicious spreading of false statements or even rumors about financial institutions.

Defamatory "Per Se"

While some jurisdictions have the concept of defamation "per se," this has been rejected by the Florida Supereme Court as far as journalists and other representatives of the media are concerned. In defamation "per se," the statement made is of such a character that damage to the plaintiff's reputation is presumed and need not be demonstrated. An example would be to refer to the plaintiff as a thief or to explicitly impugn their professional integrity.

Statute of Limitations

In Florida, the statute of limitations for bringing a defamation claim is two years. The statute runs from the time of first publication. In other words, later repetition of the allegedly false statement does not extend the time limit for bringing a claim.

References

• "Florida Media Law"; Donna Lee Dickerson; 1991

Resources

• Citizen Media Law Project