Elements of a Defamation Claim

Defamation is the unprivileged publication of false statements that injure another's reputation. Florida law recognizes a single unified tort of defamation, which includes both libel (written) and slander (spoken). To succeed, a plaintiff must prove five essential elements as established in Jews for Jesus, Inc. v. Rapp.

Publication: The defendant communicated the statement to at least one third party.
Falsity: The statement must be factually false. Truth is an absolute defense.
Defamatory Nature: The statement must be objectively harmful to the plaintiff's reputation, tending to expose them to public hatred, ridicule, or disgrace.
Fault: The defendant acted with a certain level of fault. This is the most complex element and depends on the plaintiff's status (see below).
Damages: The plaintiff suffered actual damages as a result of the statement, unless the statement qualifies as defamation per se.

The Fault Standard: Public vs. Private Figures

The level of fault a plaintiff must prove is dictated by the First Amendment and depends on their status in the community. This distinction is crucial to every defamation case.

Public Figures and the "Actual Malice" Standard

Public figures (government officials, celebrities, or individuals who inject themselves into public controversies) must prove the defendant acted with "actual malice." This is a high legal standard and does not mean ill will. It means the defendant published the statement either:

With knowledge that it was false; or
With reckless disregard for its truth or falsity (meaning the defendant entertained serious doubts about its truth).

Private Figures and the Negligence Standard

A private figure—an ordinary individual who has not sought public attention—has a lower burden of proof. They only need to prove that the defendant acted with negligence, meaning the defendant failed to exercise reasonable care in verifying the truth of the statement before publishing it.

Special Categories of Defamation

Florida law recognizes certain types of defamatory statements that have unique legal implications, primarily affecting the plaintiff's need to prove damages.

Defamation Per Se

Some statements are considered so inherently damaging that the law presumes harm to the plaintiff's reputation. In these cases, the plaintiff does not have to prove actual damages. The recognized categories of defamation per se are statements that falsely accuse someone of:

Committing an infamous crime.
Having a loathsome disease.
Conduct incompatible with their business, trade, or profession.
(For a woman) Being unchaste.

Defamation by Implication

A statement can be defamatory even if all the facts it contains are technically true. Defamation by implication occurs when a defendant juxtaposes true facts or omits crucial information in a way that creates a false and defamatory impression. In these cases, the "gist" or "sting" of the communication is what matters.

Defenses to Defamation

Defendants in a defamation suit have several powerful defenses that can shield them from liability.

Truth

Truth is an absolute defense. Under the Substantial Truth Doctrine, a statement is not considered false if its "gist" is true, even if it contains minor inaccuracies.

Opinion

Statements of pure opinion are protected by the First Amendment and cannot be defamatory. However, a statement couched as an opinion that implies the existence of undisclosed defamatory facts is not protected.

Privilege

In certain contexts, public policy protects speakers from liability. This protection can be absolute or qualified.

Absolute Privilege: Provides complete immunity, even for malicious statements. It applies to statements made in judicial proceedings, legislative proceedings, and by high-level executive officials.
Qualified Privilege: Provides protection for statements made in good faith on a matter of common interest (e.g., an employer reference, a report to law enforcement). This privilege can be lost if the plaintiff proves the defendant acted with express malice (ill will, spite, or intent to harm).

Procedural Rules and Statutes

Florida has specific procedural rules that govern defamation litigation.

Statute of Limitations: A defamation lawsuit must be filed within two years of the date of publication (Fla. Stat. § 95.11(4)(g)).
Single Publication Rule: The entire distribution of a defamatory statement (e.g., all copies of a newspaper or a single webpage) is treated as one publication. The two-year clock starts from the date of the first publication and does not reset with each new viewing.
Pre-Suit Notice for Media: Before suing a newspaper, periodical, or broadcaster, a plaintiff must give at least five days' written notice specifying the defamatory statements (Fla. Stat. § 770.01).
Retraction Statute: If a media defendant publishes a full and fair retraction in good faith after receiving notice, the plaintiff's recovery is limited to actual damages only; punitive damages cannot be awarded (Fla. Stat. § 770.02).

Defamation in Florida