Is It Defamation? Slander and Libel in Florida

Here in the United States, it can be difficult to know when you have a case for defamation. To protect our freedom of speech, the laws surrounding slander are quite tight. There are some very specific qualifications for cases of defamation. Before you talk to a lawyer, it may be helpful to review these qualifications and ensure your case fits the charge. Here are some factors to consider in your defamation case. 

FalsehoodIn order to make a case for slander, the defendant’s statements must be proven to be untrue. This means that opinions do not qualify as defamation. If a person is saying that they don’t like you, that is not slander, but if they’re saying you’ve done something you haven’t, you may have a case. In Florida, the plaintiff can argue that the implications of a true statement were false as well in cases where facts are twisted to create a false idea of a person’s behaviour. 

Material HarmYou must be able to prove in a court of law that you suffered some material loss due to what the defendant said about you. This is most often a loss in wages, but loss of property or even affects on personal relationships have been cited in defamation cases. 

Negligence or Actual MaliceIn general cases, it must be proven that the defendant was negligent, but if you’re a public figure, you must also prove they acted with malice. Malice

can be difficult to distinguish, but if the defendant knew their statements were false, then rest assured, they likely acted with actual malice. 

Defamation Per SeIn some states, Florida included, the law states that certain cases specifically are defamation. In Florida, these cases are ones in which it is insinuated that you are afflicted with a terminal illness, engaged in criminal activity, or has acted in a way unbecoming to their profession. 

Internet DefamationIn the United States, there is law specific to defamation that occurs online. You cannot charge a hosting site for an act of slander, only the person who posted the falsehood can be charged. 

Statute of LimitationsYou must bring the issue to the courts within two years of its occurrence for the case to be considered. In cases of internet defamation, this statute applies to the date the post was made, not when it was most recently accessed.