Florida Law on Libel & Slander
Florida statutes are direct when it comes to libel and slander. There are only eight section to the chapter of state law titled "Civil Actions for Libel," and these include slander, as well. First, however, you need to understand the difference between "libel" and "slander" or the law itself will seem vague.
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Libel and Slander
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Merriam-Webster says libel is any written defamation. Meaning, a newspaper, magazine or book, whether print or online, writes something derogatory about you that is not true. Yet, it was printed so now everyone believes it. On the other hand, when someone is spreading rumors about you via spoken word, that is slander. Your remedy is to sue for damages.
Defamation
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Legally, defamation is "any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person." The possible defense of this depends on whether you are a "public or private person in the eyes of the law." This is why a celebrity usually has to grin and bear it if a tabloid defames her; the celeb is a public figure with less protection under the law. A private citizen, meanwhile, is afforded more protection, because possible defamation causes greater harm.
In any case, the best defense against defamation charges is the truth. If what has been printed or said about you is accurate, you were not defamed, even if the revelations disparaged you. In Florida, you have to prove that not only were you disparaged, but that what was said or written about you was inaccurate.
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Civil Penalties
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Florida Statute 770.01 says that libel and slander both fall under civil indemnity. The accuser, however, has to make some effort to rectify the situation before he can sue. Namely, "before any civil action is brought [...] of a libel or slander, the plaintiff shall, at least 5 days before instituting such action, 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." The accused can rectify any situation by issuing a retraction, so long as the court believes it was an "honest mistake."
Your Rights and the Outcome
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If you believed you have been defamed in Florida, the law is on the side of the defendant, not the accuser. The owners or operators of a radio or TV broadcast, for instance, can't be sued for any defamatory statement made on the broadcast so long as they "exercise[d] due care to prevent the publication or utterance of such statement," according to state law.
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