5 Things You Should Know About Defamation
Corey B. Friedman, Esq.
Have you been defamed or have you been accused of defaming someone else? If so, we may be able to help you. Call Friedman Legal Solutions to speak with an attorney now at no cost by dialing 1-888-411-1677.
- What is Defamation?
Defamation can be spoken (slander) or written (libel). In Florida, defamation is when someone publishes a false statement about you to a third party and the falsity of the statement caused an injury to you. According to Border Collie Rescue v. Ryan, 418 F. Supp. 2d 1330, 1348 (M.D. Fla. 2006), it must be demonstrated that the person who made the statement was negligent – not necessarily malicious.
- Are there differing standards? You bet.
The law considers differing standards when it comes to private versus public figures. There are also public officials, all-purpose public officials, and limited-purpose public figures. When a public figure is accusing another of defamation, the standard is no longer “negligence” (as is with when being accused by a Private figure). Rather, it must be determined that the person who made the statement did so with actual malice – knowing that the statement(s) were false or were made with reckless disregard for the truth.
What is Defamation Per Se?
…[W]hen the claim is defamation per se, liability itself creates a conclusive legal presumption of loss or damage and is alone sufficient for the jury to consider punitive damages. […] To sum up, Florida's unusually high protection of personal reputation derives from the common consent of humankind and has ancient roots. It is highly valued by civilized people. Our state constitution and common law powerfully support it. This is a value as old as the Pentateuch and the Book of Exodus, and its command as clear as the Decalogue: “Thou shall not bear false witness against thy neighbor.” The personal interest in one's own good name and reputation surpasses economics, business practices or money. It is a fundamental part of personhood, of individual standing and one's sense of worth. In short, the wrongdoing underlying the punitive damages in this case has Florida law's most severe condemnation, its highest blameworthiness, its most deserving culpability. For slander per se, reprehensibility is at its highest.
Lawnwood, 43 So. 3d at 727-29, review denied, 36 So. 3d 84 (Fla. 2010), and cert. denied, 131 S. Ct. 905 (U.S. 2011) (footnotes omitted).
The law recognizes that certain statements are more damaging than others. The four categories of statements that are considered defamation per se are:
- Imputing to another a criminal offense amounting to a felony;
- Imputing to another a presently existing venereal disease or other loathsome and communicable disease;
- Suggesting that a woman has committed acts of unchastity; and
- Imputing to another conduct, characteristics or a condition incompatible with the proper exercise of this lawful business, trade or profession.
In a defamation per se action, “punitive damages may be awarded even though the amount of actual damages is neither found nor shown, for in such a case, the requirement of a showing of actual damages as a basis of an award for exemplary damages is satisfied by the presumption of injury which arises from a showing of libel or slander that is actionable per se.” Saunders Hardware Five and Ten, Inc. v. Low, 307 So.2d 893 (Fla. 3rd Dist. Ct. App. 1974). Recently affirmed by Lawnwood Med. Ctr. V. Sadow, 43 So. 3d 710 (Fla. 4th Dist. Ct. App. 2010).
Are there Defenses to Defamation? Yes.
Truth can be a defense to a charge of defamation.
- If the person who made the statement was said to have a “privilege” the cause of action may not be actionable.
- Failing to meet the negligence or malice standard.
- Failing to meet any of the elements.
- Reporting privileges.
- What is the Statute of Limitations for Defamation?
Two years.
Have you been defamed or have you been accused of defaming someone else? If so, we may be able to help you. Call Friedman Legal Solutions to speak with an attorney now at no cost by dialing 1-888-411-1677.
Corey B. Friedman has represented individuals and businesses throughout the state of Florida. Friedman Legal Solutions is able and proud to offer its services throughout the following Florida Counties: Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton and Washington.