Defamation in the Digital Age: Florida Laws on Online Slander and Libel

The internet has transformed how we communicate, but it has also made it easier for false and harmful statements to spread quickly and widely. In Florida, defamation laws apply just as much to online content as they do to traditional forms of communication. If you are the victim of damaging falsehoods, it’s important to understand how online slander and libel law work in the State of Florida.

What Is Defamation Under Florida Law?

Defamation occurs when someone makes a false statement of fact about another person that damages their reputation. In Florida, defamation is divided into two categories:

• Libel: Written defamation, including posts on social media, blog entries, online reviews, and emails
• Slander: Spoken defamation, such as voice recordings, live video streams, or podcasts

To succeed in a defamation claim, the plaintiff must first prove that a false statement was made as if it were a fact. In other words, a person’s opinion cannot be slanderous or libelous. Second, the statement must have been communicated to a third party. The false statement must also cause you reputational harm or damage you in another way.

The intent of the person making the statement is also important. Generally, a defamation claim requires evidence that the falsehood was made negligently. You are held to a higher standard if you are considered a public figure.

How the Digital Age Complicates Defamation Cases

Online defamation presents unique challenges. Social media posts, anonymous comments, and viral videos can cause significant damage to a person’s reputation in a matter of minutes. Once published, content is often shared or archived indefinitely, making it harder to contain the harm.

Additionally, identifying the source of the defamatory content can be difficult. Many online users post under aliases or usernames, and some platforms are reluctant to disclose user data without a court order. Florida law allows victims to subpoena internet service providers or platforms to unmask anonymous posters, but this requires careful legal navigation.

Defenses to Defamation Claims

Not every offensive or harmful statement is legally actionable. Several defenses exist under Florida law:

• Truth: A true statement, no matter how damaging, is not defamatory
• Opinion: Pure opinions, especially those that don’t assert factual claims, are protected under the First Amendment
• Privilege: Some statements made in specific contexts (like legal proceedings or government hearings) are protected
• Consent: If the subject of the statement consented to its publication, a defamation claim may not hold

A defamation attorney can help assess whether a statement meets the legal standard for liability or falls under one of these exceptions.

Discuss Your Defamation Claim With Our Team

Online defamation can have serious consequences, but Florida law provides clear avenues for protecting your reputation. Given the high stakes, the support of skilled legal counsel can be invaluable throughout this process. Let the team at Difilippo & Pica, PLLC, help you defend your good name and seek compensation from those who have wronged you. Contact us today for a private case evaluation.