Your reputation, both personally and professionally, is important. All too often, your reputation can suffer due to Internet attacks, poor business reviews, and other forms of online defamation. Fortunately, your Boca Raton online defamation lawyer at The Lomnitzer Firm P.A. can help you seek justice from individuals who have attacked your personal or business reputation online. Through an online defamation lawsuit, we can protect your rights, safeguard your reputation, and take aggressive action against those who attempt to affect your personal or business image adversely.
Under Florida law, a defamation claim has five elements, as follows:
Jews For Jesus, Inc. v. Rapp, 997 So.2d 1098, 1106 (Fla. 2008)
Claims for defamation must be filed within two years of the date of the publication of the defamatory statement under Florida Statutes, Section 95.11(4)(g). Additionally, Florida law requires that plaintiffs give written notice of a defamation claim at least five days before filing the claim in court.
Some statements are so defamatory that they are presumed to be damaging to the victim without any further proof of actual harm. Examples of defamation per se include false statements of:
When defamation per se occurs, the victim need not prove any damages in a civil lawsuit for defamation. Instead, the law presumes that the victim has suffered damages as a result of the false statements.
Individuals can raise various defenses against defamation claims. For instance, defendants in defamation claims may allege that they have merely expressed an opinion about another person or business, not a statement of truth. Likewise, if the statement is substantially truthful, it is not defamatory.
Another defense to defamation is privilege, in that certain statements made in specific contexts may be legally protected. For instance, communications between lawyers and clients, individuals and clergy members, and spouses are all privileged under state law. Florida also has anti-SLAPP laws, which protect against lawsuits specifically designed to suppress free speech rights.
Finally, a defendant may quickly and publicly retract a defamatory statement. Doing so may not necessarily be a defense to defamation, but it can be a successful mechanism to limit damages.
The extent of damages in a defamation claim depends on the severity and nature of the defamatory statement, the extent of the damages directly resulting from the statement, and the level of intent in making the statement. Potential damages can include the following:
In a defamation case, a public figure has a higher burden of proof, in that the plaintiff must prove actual malice. Public figures include celebrities and famous people, as well as police officers, corrections officers, and hospital administrators. Everyone else is a private figure, which has a lower standard of proof. Plaintiffs in those cases must only prove negligence rather than actual malice.
Yes, in very narrow circumstances, defamation can be a criminal offense. For instance, state law makes it a criminal offense to make false statements about the “solvency or financial standing” of any banking institution doing business in the state.
The Communications Decency Act is a federal law that may relieve bloggers or website owners from liability for defamation when a third party posts a defamatory statement on the site.
A Delray Beach online defamation attorney can help you stand up for your reputation rights. Whether you are combating unfair trade practices by a competitor or false reviews that mar your business reputation, we are here to help. Contact The Lomnitzer Firm P.A. today at (800) 853-9692 or online.
