Samantha Markle sued her half-sister Meghan Markle for defamation in the Middle District of Florida last year over statements Meghan made on a televised interview with Oprah Winfrey and in the Netflix…
Defamation is generally defined as the unprivileged publication of false statements that naturally and proximately result in an injury to another. In Florida, defamation encompasses both libel and slander. “Libel” is defamation in writing, and “slander” is defamation made orally, or spoken. Although both terms are still used, both mean defamation — the false, unprivileged, and damaging statements made to third parties.
As the public’s use of the Internet has increased, so has defamation on the Internet. Victims are not only individuals but also small businesses who fall pray to fake, negative reviews. For a statement to be defamatory, it must:
- Be false;
- Have been published or disseminated to a third party;
- Have been made with at least negligence of its falsity, or, where you are a public figure, with knowledge or reckless disregard as to the falsity;
- Tend to subject you to hatred, distrust, ridicule, contempt, or disgrace; and
- Have caused you actual damages.
Privacy Issues
Often related to (though different from) defamation, an invasion of privacy action can arise based on any one of three types of wrongful conduct, which are: (1) “intrusion,” physically or electronically intruding into one’s private quarters, (2) public disclosure of private facts, and (3) “appropriation,” the unauthorized use or appropriation of a person’s name or likeness to obtain some benefit.
A former type, “false light,” is no longer recognized by Florida courts as a cause of action. In addition to these common-law causes of action, Florida statutes allow recovery where someone uses a person’s likeness or image for commercial or advertising purposes without consent. § 540.08, Fla. Stat.
Contact us
If you would like to see if the Orlando defamation attorneys at Cynthia Conlin & Associates can help you with your matter, or if you need assistance for another legal issue, call us at 407-965-5519 or reach us through our Contact page.
Blog Posts related to defamation (slander and libel)
A recent defamation lawsuit filed against the Brevard County sheriff made headlines, as it targets the sheriff’s “Wheel of Fugitive” Facebook videos, which spoof Wheel of Fortune. The plaintiff, David Gay, said he…
The “libel-proof plaintiff doctrine” is a defense to defamation, though one that has not been applied in in Florida. What is the libel proof doctrine? The underlying theory behind the libel-proof doctrine…
FOR WHATEVER reason, you’ve reached a point where you want someone else to do something, give you something, or to stop doing something. A demand letter, or a cease and desist letter,…
A MAN NAMED Peter Sloan, purported son of William Shatner, sued the James T. Kirk/Danny Crane actor for defamation in February. The Middle District of Florida (Tampa division) quickly dismissed the original complaint but…
FLORIDA HAS a particular law that pertains to serving notice, like sending a demand letter, or cease and desist letter, prior to filing a lawsuit for defamation. However, written notice of defamation is…
RipOff Report recently underwent a subtle change that has caused reports Google previously removed from its search engine — even based on court orders — to reappear, without many people realizing it. RipOff Report is a…
Stop me if this sounds familiar. A past customer has just written a malicious review about you or your company on Google. The review, however, is neither a fair nor accurate portrayal…
Back in August 2015 we wrote about the new Florida anti-SLAPP law that was updated and expanded on July 1, 2015. The law was intended to discourage the filing of frivolous “SLAPP” lawsuits…
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