Ct. App. Yes. You also have to prove that the person knew it was false when it was made. Ct. App. Appx. In some states, the information on this website may be considered a lawyer referral service. Generally, public figures are afforded less amount of protection under defamation law for non-malicious statements, while the standard for bringing a claim for a defamed private party is much lower. 2d 282 (Fla. 1985). If you plan on filing a lawsuit, it's crucial to gather all available evidence related to the defamatory statement and its impact on you, including proof that the defendant made the statement, and the damages you have suffered. Ct. App. No - even if the statement is communicated or published with actual malice. 1982). 1983). 2d 881, 885 (Fla. Dist. Step Four: Work out the damages caused. Defamation Lawyer - Libel and Slander Lawyer in Florida | Sue For To recover special damages in Florida, plaintiffs must specifically plead special damages unless the action is defamatory per se. 2003). While there is little case law in Florida, they have recognized the wire service defense in the past. The court may also award treble damages. 2d 2, 2 (Fla. Dist. The use of defamation suits by police officers forces the courts to balance the interests of the right of the police officer to bring such a suit with the potential chilling effect these suits might have on the filing of citizen complaints. A category worth noting that enjoys qualified privilege in Florida is when a speaker makes statements prior to criminal charges. Similar to per quod actions, which concerns innuendos and statements needing proof of supporting evidence, defamation by implication occurs when true statements are stated in a way that implies a defamatory connection or the omission of certain facts as to create a defamatory implication. However, in cases concerning statements of opinion regarding public officials and public figures, the standard changes to knowledge of falsity or reckless disregard for the truth also known as actual malice. 1982). 2d 841, 846 (Fla. Dist. 2d Dist. Florida has in the past strictly applied the doctrine of forum non conveniens. Ct. App. 3d Dist.