Defamation is increasingly easy to spread in today’s Florida society. Many false accusations against individuals are spread quickly throughout a workplace, online or through publications and speeches. If the reputation of an individual is harmed through such false conduct, the individual may have a claim for defamation (slander or libel). You should read this guide on Florida slander and libel laws in order to better understand the defamatory conduct of others and to decide whether you should pursue such conduct legally. The laws of Florida detail the specific requirements which must be shown by any individual who seeks to prove that he or she has been the subject of defamatory conduct.
What Is Defamation?
Defamation is generally referred to as false information said about someone with the intent to harm that person’s reputation. Most people are familiar with two forms of this type of action: slander (spoken falsely) and libel (written falsely).
Libel is generally defined to be a defamatory written communication published by written words. This can be published in print media such as newspapers, on the Internet through a company’s website, via email, through social networking sites like Facebook, and many more written forms of communication.
Slander is generally considered to be an oral statement that is false and is communicated to a third party to harm another’s reputation for example a conversation, a meeting, a telephone call or even a public speech.
The Basic Elements of a Defamation Claim
A claim for defamation must meet the following elements under the laws of Florida. First, a claim for defamation consists of a defamatory statement, publication to a third party, falsity, abuse of a right, or Actionable subject matter, and fault or damages. The level of evidence and the level of fault necessary to prove defamation varies depending on whether the person effected by the defamation is a private individual, a public official, or a public figure.
Offensive words, even highly objectionable language, are generally not enough to sustain a claim for defamation unless the speaker meets all of the elements required for a defamation claim.
1. The Statement Must Be False
It is important to note that truth is a complete defense to a defamation claim. Therefore, if a plaintiff is attempting to claim that he or she was defamed by an online statement, such as an accusation of theft, that statement must be false in order for the plaintiff to recover for defamation as a published false statement of fact.
An actionable false statement must be shown to be materially different from the truth. In assessing whether a statement’s false material elements differ from true material elements (i.e., whether a statement’s defamatory content is false), the Florida Supreme Court has identified several considerations relevant to determining whether a statement’s falsity is assessable in a defamation action.
2. The Statement Must Be About the Plaintiff
The statement must be about the Plaintiff, even if he is referred to by nickname or by circumscribed description. If from the context it is clear that the words were intended to refer to the Plaintiff and would have been so understood by reasonable people, then a claim will exist.
Records that establish how others understood the communication are critical to establishing whether another understood the communication to be about the plaintiff, such as a printout of a social media page, a copy of a text message, an email, a recording of a phone call, etc. that includes the statements at issue and the witness statement(s) of those who were present and heard the communication.
3. The Statement Must Be Published to a Third Person
Publication in defamation means that the false and defamatory statement was communicated to at least one third person, in addition to the plaintiff.
An example where the false accusation of conduct wrongful to the Plaintiff’s reputation was published to a third party is when the Plaintiff’s co-employee falsely accused him of misappropriating a check to the company. As mentioned before, the false accusation was also posted on Facebook by his ex-friend.
Publication of a false and defamatory statement about a person to a third party is required for a defamation action to be asserted by that person. Recordation of all witnesses to the defamatory statement, as well as preservation of all evidence indicating who heard the statement, is crucial to a defamation action.
4. The Statement Must Be Defamatory
As stated previously, not all false statements constitute defamation. A statement must be capable of causing injury to a person’s reputation. Such statements typically involve claims of criminal activity, misconduct, or dishonesty.
The same is true for determining whether a communication constitutes fact or opinion. The court focuses on the entirety of the communication and looks to determine how a reasonable person would have understood it. Thus, the addition of words such as “I think” would not transform an allegedly defamatory communication of fact into one constituting opinion.
5. Proving Harm to Reputation
Evidence of harm to a person’s or company’s reputation can strengthen a claim for defamation in addition to loss of business and employment. For example: copies of canceled contracts and loss of business; copies of customer lost and employment records and statements from third parties who have been affected by the defamatory statement.
In addition, when the statement is of a type that is considered to be subject to different damage award criteria under Florida law, it is critical to not only retain the statement(s) in question but also to collect documentation and other evidence regarding how said statement(s) affected the individual(s) defamed.
Florida’s Pre-Suit Notice Requirement
Florida has a special notice requirement for cases of defamation of character involving publications or broadcasts in newspapers, magazines and other similar media outlets. This notice requirement is found in Florida Statutes Section 770.01 and requires a written notice to be given to the defendant at least 5 days prior to the filing of the lawsuit. The written notice must contain a description of the publication and the statements which defendant published which plaintiff claims were false and defamatory.
Because of the procedural requirements of the notice rule, the timing and method of bringing a lawsuit for defamation is critical. In some instances, a lawsuit may not even be warranted.
Defenses Can Affect a Defamation Claim
Defenses a Defendant Can Use when Defamed
Truth is a complete defense to defamation where the communication is substantially true even though not every factual statement was accurate.
There are many other possible circumstances where a defendant’s expression of opinion about another is protected. If the defendant has a privilege to speak about the other, has the other’s consent to speak about him or her, or is a party or witness, then there are further possible circumstances which could render a claim of defamation by that other to be frivolous.
This is especially true for public officials and public figures, as additional constitutional requirements must be met in their cases as well and the plaintiff must prove “actual malice” (scienter).
What Evidence Can Help Prove Defamation?
Strong evidence is needed to establish what was said, to whom it was said and the resulting damage to a name.
When seeking to prove defamation, it can be very helpful to gather screenshots of offending online posts, emails, texts, lawful audio or video recordings of defamatory statements, as well as written statements from any witnesses to the defamatory conduct, and statements regarding the defamatory online activity published on social media.
Remember to save original versions of all evidence and refrain from changing any of the content in order to preserve the context.
Taking Action After a False Statement
Claiming that a false communication about someone affects his/her career, business, or personal life is frustrating. Immediate reaction and claim is unwise without properly gathering sufficient evidence and understanding relevant laws that govern defamation claims in Florida.
Procedural rights are established in Florida’s defamation laws found in Chapter 770 of the Florida Statutes.
Before going to court a person should establish exactly what was said, to whom it was said, how it was said and document any resulting damage to their reputation.
Protecting Your Reputation Under Florida Law
When discussing the issue of slander or libel, it is important to remember that in order to successfully bring a claim for such conduct, a plaintiff must show that the defendant has spoken falsehoods of fact regarding the plaintiff. Such communications must have been spoken to more than one person and the plaintiff must have suffered applicable harm in connection with the said statements being published.
The details matter, including the exact words, context, audience, the plaintiff’s status, and available evidence.
If you believe you have been a victim of defamatory language, gather evidence and seek legal counsel before you take further action to restore your reputation.
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