Florida Laws on Defamation Damages
Defamation is the legal term given to the injury of a reputation or character that results directly from false statements or actions by another person. Defamation includes both libel and slander, and in the state of Florida, defamation is taken very seriously. In 2006, a judgement of $11 million was awarded in one defamation case, showing how costly defamation can be if an individual is found guilty.
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Defamation Defined
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For a defamation case to be heard, the burden of proof is on the individual making the charge. That person needs to show the claims in question were false, that they damaged the reputation of the plaintiff, and that the claims were made maliciously with the intent to damage reputation or character. Defamation can be written or spoken, and is a civil court matter, not a criminal court matter in the state of Florida. The plaintiff can sue for damages.
Punitive Damage Limits
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As of 2010, there were punitive damage limits in place in the state of Florida regarding civil cases. Under state law, punitive damages are limited to three times what the compensation damages are or $500,000, whichever of the two is larger. That number is increased to four times compensation or $2 million, whichever is larger, when the defendant's conduct was motivated by financial gain or that person knew harm would occur based on the action. This leaves a wide open range as there is no cap given on what is considered appropriate compensation, meaning rulings can easily go into the millions of dollars.
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Internet Defamation
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Florida state law specifically mentions online defamation as a chargeable offense. This was challenged in the Florida Supreme Court in 2010, but the ruling was unanimous that a person out of state posting defamatory material online could be sued by a Florida resident for defamation and damages. An outstanding example of this is a 2006 case where a jury awarded $11 million to the plaintiff in compensation and damages based on online defamation made by a defendant in the state of Louisiana.
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References
- Photo Credit Man with megaphone shouting image by Mladenov from Fotolia.com
Comments
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Wow This is Interesting.. 11 million was awarded to a person who got hurt by slandering on internet. Florida State take this serious!
