A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Slander And Libel Laws With Florida In Nassau
Category:
State:
Multi-State
County:
Nassau
Control #:
US-00423BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
If convicted of defamation, the defendant is charged with a first degree misdemeanor for which he or she must serve up to 1 year in jail. Florida is one of the only states for which defamation remains a crime. With that said, it is important to exercise caution and decorum on internet platforms, online and in writing.
To state a claim for defamation in Florida, a plaintiff must allege that (1) the defendant published or said a false statement; (2) about the plaintiff; (3) to a third party; and (4) the falsity of this statement caused injury to the plaintiff. The resulting injury can be to one's reputation or financial harm.
To prove defamation, a plaintiff generally must show: • A false statement purporting to be fact; • Publication or communication of that statement to a third person; • Fault amounting to at least negligence; and • Damages – that is, some harm caused to the plaintiff's reputation.
To prevail in a defamation lawsuit or claim, you must be able to show the following in Florida courts: That someone made a false statement. That the statement was distributed, either orally or in written form. That the statement caused you to suffer an injury. That the statement was false.
Stat. § 768.73(1)(a) (2025).) Because defamation per se causes obvious reputational harm, in some cases Florida law might award you "presumed" damages. Presumed damages typically are nominal—$1 or $100, for instance—and can be awarded even if you can't prove any economic or noneconomic losses.
To state a claim for defamation in Florida, a plaintiff must allege that (1) the defendant published or said a false statement; (2) about the plaintiff; (3) to a third party; and (4) the falsity of this statement caused injury to the plaintiff. The resulting injury can be to one's reputation or financial harm.
Many jurisdictions do not consider slander to be per se actionable. But this is not the case in Florida. Like defamation per se, the slander per se definition includes statements involving sexual misconduct or abuse and crimes of moral turpitude.
Florida courts recognize a number of privileges and defenses in the context of defamation actions, including substantial truth, the opinion and fair comment privileges, the fair report privilege, and the wire service defense.
What is required to prove a case of defamation in Florida? To state a claim for defamation in Florida, a plaintiff must allege that (1) the defendant published or said a false statement; (2) about the plaintiff; (3) to a third party; and (4) the falsity of this statement caused injury to the plaintiff.
If you can successfully prove defamation, either by libel or slander, you can recoup damages related to your actual monetary losses. In addition, you can win damages for mental anguish and emotional distress caused by the defamation.
More info
The 2024 Florida Statutes ; 836.01 Punishment for libel. ; 836.02 Must give name of the party written about.Florida law provides a strict statute of limitations on defamation claims. According to Florida Statutes section 95.11, you have two years to file your claim. Defamation, including slander (spoken) and libel (written), harms reputations through fraudulent statements. Learn about legal options for recovery. Kohan Law Group represents clients with their defamation claims throughout Nassau County as well as in New York City, including Queens and Brooklyn. The Florida Legislature has passed a law that deals specifically with written forms of defamation (libel). In Florida, the statute of limitations for defamation claims is two years to file once the defamatory statement is made.
