Defamation Defenses: Unmasking the Truth When Words Wound

Defamation can have serious consequences for your career, your family, and your reputation. Defamation cases are also notoriously hard to prove due to the four most common defamation defenses: truth, opinion, privileged statements, and expired claims.

At Chiappetta Trial Lawyers, our attorneys can help you set the record straight after a defamation incident. We help victims of libel or slander stand up to their abusers and file civil lawsuits to seek compensation for the harm they’ve suffered. If you need help after a vicious lie has been spread, contact us today.

Truth is Always the First Defense When Suing for Defamation in Florida

If you’ve uncovered defamation circulating about yourself, you may have the option to become the plaintiff in a civil case. Written or spoken harm to your reputation may constitute libel or slander respectively.

However, in a defamation case, the burden is on you and your attorney to prove that the statements made about and against you are false. For this reason, the first defense in a defamation case is always the truth. Even when the truth harms a person’s reputation, it is legal to say it. You cannot make a case for damages in instances where the information being spread is true. This is meant to protect freedom of speech.

Consider the following example. A journalist publishes a piece alleging that you blackmailed your boss in order to get to where you are today in your career. You know this is not true, but how can you prove it? The journalist may claim that they are protecting their sources, and refuse to give more details. Meanwhile, the burden of proving that you were promoted due to your own merit, and not criminal activity, now rests on your shoulders.

A Florida defamation lawyer with Chiappetta Trial Lawyers may be able to subpoena your employee files and records, consult with work colleagues, or call mentors to the stand as witnesses. We can build up proof of your character, submit examples of your work ethic and performance reviews, and build an ironclad case that shows the piece published about you was defamation, not accurate reporting.

Does Opinion Protect Someone From a Defamation Lawsuit in Florida?

Another common defense in defamation cases is that the statements were expressed as opinions rather than facts. There are many legal protections afforded to speaking your opinion in both federal and Florida law. However, when an opinion implies false underlying facts, it may become actionable. Your attorney may attempt to prove that a defamer was not merely saying what they thought, but attempting to spread a lie about your actions or character.

For example, someone is free to state that they don’t like you. However, if they say, “I don’t like you because you use drugs,” the statement now implies a factual basis that you use drugs. If that underlying assertion is false and damaging to your reputation, it may constitute defamation. Your attorney may need to demonstrate that the defamer’s statements, though presented as opinions, are actually rooted in false and defamatory facts.

What Types of Statements Are Immune from Defamation Claims in Florida?

There are two kinds of statements that are considered immune to defamation claims. They are:

• Absolute privilege: Examples of absolute privilege include statements made in judicial proceedings or legislative actions. Some government officials can claim absolute privilege while in the course of their duties as well. This is not to say that anyone who is an elected official or in the courtroom can say whatever they want. For instance, making false statements under oath may be considered perjury and is a felony in the third degree under Florida state law.
• Qualified privilege: Qualified privilege is sometimes described as the “right to know.” For instance, revealing the truth about a birth parent may be considered an instance where there is a qualified privilege in disclosing information, as the person has a “right to know”. Qualified privilege usually exists in order to protect a legitimate and often legal interest in a topic. However, untrue statements made with malice can preempt a qualified privilege defense.

The Statute of Limitations as a Defense to Defamation in Florida

The fourth main defense to defamation is the lapsed statute of limitations. In Florida, a plaintiff has two years from the defamatory statement in order to bring a claim for damages. Once this time frame has elapsed, you cannot file for slander or libel. Under Florida statute 95.11, the clock begins running from the date of publication of the defamatory statement. When it comes to social media posts, this may involve the date that a post was first made public, even if it was subsequently set to private or deleted later on.

How to Prove Defamation in Florida: Key Evidence You’ll Need

Of the many defenses to defamation, it is especially important to prove that the statement qualifies as defamation, and not merely as dislike or opinion. In order to do so, you will need to prove that the person acted at least negligently in spreading false information that caused you harm.

Evidence of defamation can include the statement itself, as well as the context of how it was said or published. Thus, proving defamation might involve subpoenaing text chains, playing audio or video recordings, or presenting witness testimony. Documentation can be in the public domain or a matter of private records. There may also be corroborating evidence in terms of public reaction, retaliation, proof of distribution or readership, and other fallout from the defamation. Your Florida defamation attorney will help gather all of these kinds of proof in order to support your claim. Some examples include:

Recorded and Published Statements

Publication for defamation does not only mean news articles, texts, or journals. While libel is written defamation, slander is spoken and can include bullying or even private conversations. Statements must be both untrue and cause harm in order to qualify, but some examples might include:

• Social media posts or messages
• News articles
• Group emails
• Altered photos or manipulated videos
• False accusations at work, whether spoken or written down, i.e. in performance reviews or evaluations
• Text messages, in some cases involving group chains or passing on untrue statements

Witness Testimonies

Testimonies are especially important in slander cases. Witnesses may be able to testify as to what was shared with them, as well as the timing and date of the slander, which can prove eligibility under the statute of limitations.

Recorded Damages

Recorded damages include proof of what you have lost out on because of someone else’s slander or libel. If you have been doxxed, you may have costs like needing to move or protect your home, change cars or clothing, or invest in private security. You might also have recorded damages such as job loss, loss of promotion, property damage, medical bills for therapy or physical harm, and more.

These losses must be directly connected to the defamation in order to qualify for your case, but there may be more losses involved than you think to attribute. At Chiappetta Trial Lawyers, we can leave no stone unturned when it comes to linking your costs and damages directly to your defamer and holding them accountable for the harm they have caused.

Why Intent Matters in Florida Defamation Cases

For public figures in Florida, there is a higher bar for defamation than for everyday people. Politicians, celebrities, and other public figures are understood to be taking on a role that will involve heightened opinions about their doings. Because of this, a defamation claim must involve malice, and not simple negligence in order to apply to a person who is deemed a public figure.

Malice requires more than simply proving that a person should have considered whether a statement was false. Malice is a question of intent. The defamer must have either known that the statement was false and said or published it anyway, or acted with reckless disregard for the truth.

However, for those who are not public figures, Florida law offers a lower bar for determining intent in a defamation claim. Your attorney may be able to prove that the defamer was simply acting negligently, regardless of whether or not they were acting maliciously, in spreading false information about you.

Can a Retraction Reduce Damages in a Florida Defamation Lawsuit?

Retraction cannot always undo all of the harm done by defamation, but it can go a long way toward reducing a defendant’s liability. You may be able to sue for a retraction as well as damages from a civil trial. However, it is important to note that this step may significantly undermine your request for punitive damages or payments to mitigate your pain and suffering.

Your attorney can counsel you as to whether or not the other party’s retraction is worthwhile, given the size of their audience or platform. For many accusers, the 30 seconds of fame during the initial defamation far outstretches the reach for their follow-up apology and retraction. News outlets may focus their attention and coverage on the initial slander, and not on the retraction being issued. Meanwhile, social media posts are notorious for circulating misinformation, especially scandalous or harmful stories, and not necessarily following up with the truth later on.

In these cases, a retraction does not outweigh the harm done. In fact, a retraction can allow defamers to get away from paying an adequate amount of damages by attempting to shirk responsibility. Your attorney may need to prove that their action was malicious in order to win you the maximum amount of damages in a defamation case.

How Our Firm Uncovers the Truth on Behalf of Our Clients

In many defamation cases, working with a good attorney is necessary to uncover the source of the slander or libel. You may find yourself missing out on opportunities or hearing strange stories from family members reporting what they’ve heard without knowing where the defamation originated from. At Chiappetta Trial Lawyers, we can help track down the paper trail in order to discover exactly what was said, when it took place, and who may be liable.

Once you know what has taken place, our attorneys can also help you determine how to respond. While it may be tempting to try to defend yourself face to face, we often recommend that our clients limit their contact with a defamer. What you say may add fuel to the fire for someone who is already spreading malicious rumors about you. Instead, we recommend focusing your energy on your defamation claim and compiling a full list of your damages.

If You’ve Been Defamed, Speak With Our Attorneys Today

If you have been defamed, you do not need to face the stigma, rage, or confusion alone. Our attorneys at Chiappetta Trial Lawyers are here to listen and to help. Contact us today to assess your possible defamation claim.