Many people don’t realize that one of their most valuable assets is their reputation. Defamation or invasion of your privacy can do irreparable damage to how people see you, both personally and professionally. While you may not necessarily be able to undo the harm that has been done, you may be able to hold the person who harmed you accountable. If someone has defamed you or invaded your privacy, contact Difilippo & Pica, PLLC, to discuss your rights and your options.
Defamation
Defamation occurs when someone intentionally harms your reputation, character, or career by making a false communication. There are two types of defamation:
- Libel or written defamation.
- Slander, which is spoken or verbal defamation.
Defamation cases can be complicated. One reason is that merely expressing an opinion does not give rise to a defamation claim. For example, it would not be defamatory to say, “I think John Anderson is a terrible accountant who doesn’t know what he’s doing.” The statement is clearly stated as an opinion.
Another reason why defamation cases are complicated is because truth is an absolute defense. You cannot sue someone for defamation if what they said or wrote was true, even if the truth isn’t widely known. Furthermore, proving that the statement was defamatory means that you must prove the statement was false. This may require publicly disclosing potentially sensitive information that could be more damaging than the defamatory statement by itself.
What You Need to Prove in a Defamation Case
To prevail on a defamation claim, you need to prove three things:
- That the statement was “published,” meaning that it was communicated to a third person in some way.
- That the statement was false.
- That you suffered some injury or harm as a result of the statement.
The third element, proving that you were harmed in some way, is often the most challenging. Your claim will not be successful if you cannot prove that you were harmed in some quantifiable way. For example, a business owner may have a successful defamation claim if they can prove a sudden loss of business immediately following a defamatory post or publication that went viral on social media platforms.
Invasion of Privacy
Invasion of privacy is, in some contexts, a related claim to defamation—people who are unable to pursue a defamation claim may be able to pursue a claim for invasion of privacy. There are four basic types of privacy claims under Florida law:
- Intentional intrusion into another person’s private affairs.
- Appropriation of someone’s name or likeness for commercial purposes without their permission.
- Public disclosure of private facts that would be considered offensive to a reasonable person.
- Presenting another person in a false light in a manner that would be considered offensive to a reasonable person.
If you believe that someone has invaded your privacy, we recommend that you contact an attorney as soon as possible to discuss whether you may have a claim.
Contact Difilippo & Pica, PLLC to Discuss Your Privacy or Defamation Case Today
Privacy and defamation claims are complicated, but we know what it takes to get results. To discuss whether you have a case (or if you are in need of assistance in defending a case), contact us today via phone or email to schedule a free consultation.