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Definition of Defamation

Under Florida law, defamation is a false statement of fact about a person that harms their reputation. The statement must be communicated to someone else. Courts identify four elements: a false statement of fact, publication to a third party, fault by the speaker, and resulting reputational harm. Fault generally requires at least negligence. A statement is “published” when it is shared with anyone other than the subject. This includes conversations, emails, group texts, social media posts, review sites, and news articles.

Defamation in Florida comes in two main forms. Libel is written or otherwise recorded defamation, such as a post, article, review, or email. Slander is spoken defamation, such as a remark in a meeting, a podcast, or a live video. The legal standards are largely the same, although written or online statements are often easier to prove because they can be preserved and examined word for word.

Importance of Understanding Defamation Laws

Understanding when a statement crosses the line into defamation matters for at least three reasons. First, Florida has a relatively short statute of limitations: most defamation lawsuits must be filed within two years of the first publication of the statement under section 95.11(4)(g) of the Florida Statutes. Waiting too long can bar a claim even if the statement was clearly false and damaging.

Second, the level of proof depends on who you are. A private individual generally must show that the speaker acted at least negligently in failing to verify the truth of the statement. A public official or public figure must go further and prove “actual malice,” meaning the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Third, Florida recognizes both civil and criminal dimensions of defamation. Most cases are civil suits for damages, but Florida criminal statutes still prohibit certain forms of libel, including specific provisions addressing false statements about banks and accusations of unchastity. While criminal prosecutions are rare, their existence underscores how seriously the law treats reputational harm.

Elements of a Defamatory Statement

False Statements

Truth is a complete defense to a defamation claim in Florida. A statement must be false, or at least substantially false, to qualify as defamatory. Courts look at the “gist” or “sting” of the statement rather than demanding perfect precision; if the overall impression is true, minor inaccuracies usually will not support liability. Statements that can be proven true or false are treated as statements of fact. Statements that are clearly rhetorical hyperbole, jokes, or pure opinion, without any implied factual assertion, generally are not actionable.

Publication also has to occur. That means the false statement has been communicated to at least one person other than the plaintiff. Florida courts have emphasized that “publication” is satisfied whenever the statement is made to a third person, whether in person, by email, by posting online, or through a traditional news outlet.

Harm to Reputation

Not every false or rude remark is defamation. The statement must harm a person’s reputation. It can lower how the community views them. It can also discourage others from associating or doing business with them. In practice, it may accuse someone of dishonesty, criminal conduct, or serious incompetence.

In many Florida defamation cases, the plaintiff must prove actual damages. These may include lost customers, lost job opportunities, or measurable economic or emotional harm. In certain categories of defamation per se, the law presumes reputational harm. In those cases, the plaintiff may not need detailed proof of monetary loss. However, recent decisions encourage plaintiffs to present evidence of damage even in per se claims.

Malicious Intent

The phrase “malicious intent” can be misleading. It may suggest that every defamation case requires proof of ill will. Florida law focuses instead on fault. The required level of fault depends on who brings the claim and the damages sought. A private individual must generally show that the defendant failed to use reasonable care to verify the statement before publishing it. This is a negligence standard.

Public officials and public figures face a higher bar. They must prove “actual malice,” a constitutional standard that means the defendant either knew the statement was false or acted with reckless disregard for whether it was true. In Florida, plaintiffs who are not public figures may also need to prove actual malice to recover punitive damages. Malice in this sense is a legal concept about the defendant’s state of mind regarding truth or falsity, not simply hostility or anger.

Libel vs. Slander

Key Differences

Libel and slander are both forms of defamation, and both require the same basic elements of falsity, publication, fault, and harm. The difference lies in how the statement is communicated. Libel is defamation in a fixed, tangible form: printed text, online articles, social media posts, emails, online reviews, or even images and videos that convey a defamatory message. Slander is defamation that is spoken, such as comments in conversations, public speeches, meetings, podcasts, or live streams.

Because libel is written or otherwise recorded, it is often easier to prove exactly what was said and to show how many people saw it. Slander can be harder to establish if there is no recording and witnesses disagree, but the legal standards are otherwise similar.

Defamation Per Se

Definition and Explanation

“Defamation per se” is a category of statements that Florida courts and common law have treated as so obviously harmful that the law presumes they damage reputation without requiring the plaintiff to prove specific financial losses. This doctrine applies to both libel per se and slander per se. The presumption of harm affects damages, but it does not eliminate the need to prove that the statements were false, published, and made with the required level of fault.

Types of Statements Considered Per Se Defamatory

Florida law generally recognizes four categories of defamation per se. The first involves false accusations of a felony or other “infamous” crime. The second involves statements claiming a person has a loathsome or venereal disease. The third includes accusations that a person engaged in conduct incompatible with their lawful business, trade, profession, or office. The fourth involves statements imputing unchastity or serious sexual misconduct.

For example, falsely stating that a Florida physician sells prescriptions illegally may qualify as defamation per se. The same applies to claims that a restaurant owner has a contagious sexually transmitted disease. Accusations that a lawyer embezzles client funds may also fall into this category. Allegations of an adulterous affair can qualify as well, depending on the words and context. In these cases, the plaintiff may rely on the per se doctrine to establish reputational harm. However, many attorneys still present evidence of actual damages to strengthen the claim and support specific damage awards.

The Litigation Process

Steps in a Defamation Lawsuit

A defamation case in Florida usually begins with investigation and evaluation. A potential plaintiff and their attorney review the statements, identify who published them, determine when and where publication occurred, and preserve all available evidence such as screenshots, messages, or recordings. In some circumstances, particularly when suing newspapers, broadcasters, and certain other media defendants, Florida law requires pre-suit written notice specifying the alleged false statements at least five days before filing suit, under section 770.01 of the Florida Statutes.

If the case proceeds, the plaintiff files a complaint in a Florida court within the two-year statute of limitations. The defendant may file motions challenging legal sufficiency. These motions may argue that the statements are non-actionable opinion, privileged, or barred by the statute of limitations. If the case survives these motions, it enters discovery. During discovery, both sides exchange documents, take depositions, and may retain expert witnesses. Many defamation cases resolve through negotiation or mediation. Others proceed to trial. At trial, a judge or jury decides whether the plaintiff met the burden of proof and what damages, if any, apply.

Opinion vs. Fact

Understanding the Distinction

The distinction between opinion and fact is central to defamation law. Florida and federal courts have long held that statements of pure opinion, which do not contain or imply false statements of fact, are protected by the First Amendment and cannot form the basis of a defamation claim. Courts decide as a matter of law whether an allegedly defamatory statement is opinion or fact by considering the statement as a whole, the language used, and the broader context.

Saying “In my view, that restaurant is terrible” is usually protected opinion. By contrast, saying “In my opinion, that restaurant launders money and serves spoiled meat” looks like opinion on the surface but actually asserts specific unethical and unsafe conduct that can be proven true or false. In that situation, courts may treat the statement as a factual assertion disguised as opinion, which can be actionable if false and harmful.

Legal Implications of Opinions

Because truth and opinion are key defenses, defendants in Florida defamation cases often argue that their statements were non-actionable opinions or fair comment on matters of public concern. Plaintiffs, in turn, may argue that the statements implied undisclosed defamatory facts, or that a reasonable reader or listener would understand them as factual assertions rather than mere rhetorical hyperbole.

For anyone speaking publicly in Florida—whether on social media, in business settings, or in traditional media—being mindful of this distinction is critical. Framing criticism as opinion does not automatically shield it from liability if it implies false, specific facts. Conversely, expressing honestly held views about matters of taste, politics, or general preferences, without suggesting verifiable facts, generally remains protected speech.

This article is for general informational purposes only and is not legal advice. Defamation law in Florida is complex and highly fact specific. If you believe you have been defamed or have been accused of defamation, you should consult directly with a Florida attorney to obtain advice tailored to your particular situation.

©2025 The Hernandez Legal Group wrote and published this article. All rights reserved.