Defamation, Libel and Slander -
[1] Elements and Case Citations
(1) Defendant made a false and defamatory statement;
(2) Defendant published (written or orally) to a third party;
(3) Defendant made the defamatory statement with
the requisite intent (negligence or malice); and
(4) Plaintiff suffered damages.
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Florida State Courts
First District: Linafelt v. Beverly Enterprises-Florida, Inc., 745 So. 2d
386, 388 (Fla. 1st DCA 1999)
Second District: Bass v. Rivera, 826 So.2d 534, 534 (Fla. 2nd DCA
2002)
Third District: Valencia v. Citibank International, 728 So. 2d 330, 330 (Fla.
3d DCA 1999)
Fourth District: Rapp v. Jews for Jesus, Inc., 944 So. 2d 460, 464-65 (Fla. 4th DCA 2006), quashed by 997 So. 2d 1098 (Fla. 2008)
Fifth District: Scholz v. RDV Sports, Inc., 710 So. 2d 618, 625 (Fla. 5th DCA
1998), rev. denied, 718 So. 2d 618 (Fla. 1998)
Florida Federal Courts
Eleventh Circuit: Rubin v. U.S. News & World Report, Inc., 271 F. 3d 1305, 1306 (11th Cir. 2001)
Southern District: Corporate Financial, Inc. v. Principal Life Ins. Co., 461 F. Supp. 2d 1274, 1292 (S.D. Fla. 2006)
Middle District: Allmond v. Bank of Am., No. 3:07-cv-186-J-33JRK 2008 WL 205320, *7 (M.D. Fla. January 23, 2008)
References
Restatement (Second) of Torts §§ 558, 580(B) (1965)
[2] Defenses to Claim for Defamation, Libel and Slander
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other
standard defenses. See § 60.
(2) Statute of Limitations: § 95.11(4)(g), Fla. Stat. (two years).
(3) Truth is an affirmative to defamation claims. When combined with good
motive, truth is a complete defense. Lipsig v. Ramlawi, 760 So. 2d 170, 180 (Fla. 3rd DCA 2000) ; see also Art. I, § 4, Fla.
Const.
(4) Statements made during a judicial proceeding are absolutely privileged,
provided that such statements are related to the proceeding’s subject matter. See Levin, Middlebrooks v. U.S. Fire Ins. Co., 639 So. 2d 606,
607 (Fla. 1994) (absolute privilege extends to parties, witnesses, counsel, and judges).
(5) Absolute privilege extends to statements made during labor grievance
proceedings, provided that such statements are related to the proceeding’s subject matter. See Hope v. Nat. Alliance Jacksonville 320, 649
So. 2d 897, 900 (Fla. 1st DCA 1995).
(6) Absolute privilege protects statements made by government officials in
connection with their official duties. Hauser v. Urchisin, 231 So. 2d 6, 8 (Fla. 1970).
(7) Qualified privilege protects defamatory statements made by private
individuals to the police or the state’s attorney prior to the institution of criminal charges. Fridovich v. Fridovich, 598 So. 2d 65, 69 (Fla.
1992).
(8) Qualified privilege protects defamatory statements that are published by
a speaker in good faith, pursuant to a duty or special interest, and such privilege is not abused. Nodar v. Galdbreath, 462 So. 2d 803, 809
(Fla. 1984).
(9) Statements of pure opinion based on known facts do not give rise to
defamation claims. See Miami Child’s World, Inc. v. Sunbeam Television Corp., 669 So. 2d 336, 336 (Fla. 3d DCA 1996).
(10) Minor inconsistencies in news reports are not actionable provided that
the report is substantially true and the inaccuracies did not result from deliberate falsification or awareness of probable falsity. Newton v. Florida
Freedom Newspapers, Inc., 447 So. 2d 906, 907 (Fla. 1st DCA 1984).
(11) Employers who disclose information about former employees are immune
from civil liability if the communication is made in good faith, and such presumption is not rebutted by showing that information ``knowingly false or
deliberately misleading, was rendered with malicious purpose, or violated any civil right of the former employee protected under chapter 760’’. §
768.095, Fla. Stat.
(12) § 770.01, Fla. Stat., requires five (5) days notice to a defendant prior
to filing a libel suit.
