Defamation and Online Harassment Laws in Florida

Defamation in Florida is a common-law claim shaped by court decisions and limited by the First Amendment. The plaintiff generally must show a false statement about them, published to a third party, that caused injury, and must prove the speaker was at least negligent. Chapter 770 of the Florida Statutes adds procedural rules for these suits, such as pre-suit notice, corrections and the single publication rule.

Sources1Digital Media Law Project, Florida Defamation Law (citing Border Collie Rescue v. Ryan, 418 F. Supp. 2d 1330 (M.D. Fla. 2006))2Fla. Stat. ch. 770 (Civil Actions for Libel)

Unlike most states, Florida still has criminal libel laws on the books: a person convicted of publishing a libel commits a first-degree misdemeanor under Fla. Stat. § 836.01, and Chapter 836 also punishes related conduct such as willfully spreading false statements about a bank's financial condition. The statute does not define the elements of criminal libel, and its continued validity is uncertain. A Florida appeals court held § 836.11, which targets anonymous publications that expose people or religious groups to hatred or ridicule, unconstitutional in State v. Shank (2001), although the section still appears in the statutes.

Sources3Fla. Stat. § 836.014Fla. Stat. § 836.065Fla. Stat. § 836.111Digital Media Law Project, Florida Defamation Law (citing State v. Shank, 795 So. 2d 1067 (Fla. 4th DCA 2001))

An action for libel or slander must be filed within two years. For a single publication, such as one edition of a newspaper or one broadcast, the claim is treated as arising when the statement is first published in Florida, and the plaintiff gets one choice of venue in which to recover damages from all jurisdictions.

Sources6Fla. Stat. § 95.11(5)(h)7Fla. Stat. § 770.058Fla. Stat. § 770.07

Related guide: Statute of limitations for defamation in every state

Florida treats as defamatory per se statements that accuse someone of a crime or that attribute conduct, traits or a condition incompatible with their lawful business, trade, profession or office. The Florida Supreme Court has ruled that presumed damages for defamation per se are no longer available against media defendants, though a court could still presume damages in some cases involving purely private matters.

Source1Digital Media Law Project, Florida Defamation Law (citing Mid-Florida Television Corp. v. Boyles, 467 So. 2d 282 (Fla. 1985))

Related guide: What defamation per se means

Fla. Stat. § 768.295 bars lawsuits filed without merit and primarily because the defendant spoke on a public issue or exercised the rights to assemble, instruct representatives or petition government. Protected speech covers statements made before a government body on an issue it is reviewing and statements in works such as news reports, books, broadcasts and films. The court must hear the defendant's motion at the earliest possible time and must award reasonable attorney fees and costs to whichever side prevails on it, and since a 2025 court rule change an order denying the motion can be appealed right away.

Sources9Fla. Stat. § 768.29510Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Florida (Fla. R. App. P. 9.130(a)(3)(J))

Related guide: Anti-SLAPP laws by state

Before suing over libel or slander published or broadcast in a newspaper, periodical or other medium, the plaintiff must serve written notice at least five days before filing, identifying the article or broadcast and the statements claimed to be false and defamatory. If the statement was made in good faith, its falsity came from an honest mistake of fact, there were reasonable grounds to believe it was true, and a full and fair correction, apology or retraction ran within the deadline (10 days after notice for daily or weekly publications and broadcasts), the plaintiff can recover only actual damages. The retraction statute does not say whether it covers online-only publications.

Sources11Fla. Stat. § 770.0112Fla. Stat. § 770.0213Digital Media Law Project, Retraction Law in Florida

Florida courts recognize substantial truth, opinion and fair comment, the fair report privilege for accurate accounts of official proceedings and records, and a wire service defense. Public officials, a category Florida reads broadly enough to include police officers, and public figures must prove actual malice, meaning the speaker knew the statement was false or recklessly disregarded whether it was; private individuals generally must prove at least negligence.

Source1Digital Media Law Project, Florida Defamation Law (citing Smith v. Russell, 456 So. 2d 462 (Fla. 1984))

Florida's stalking law defines cyberstalking as a course of electronic communication directed at or about a specific person, or accessing or trying to access their online accounts or internet-connected home systems without permission, that causes substantial emotional distress and serves no legitimate purpose. Willfully, maliciously and repeatedly cyberstalking someone is a first-degree misdemeanor, and it becomes aggravated stalking, a third-degree felony, when combined with a credible threat.

Source14Fla. Stat. § 784.048(1)(d), (2), (3)

Related guide: Cyberstalking laws explained

The same stalking statute makes it a crime to willfully, maliciously and repeatedly harass a person, meaning a course of conduct aimed at them that causes substantial emotional distress and serves no legitimate purpose. Separately, sending or posting a written or electronic message that others can see and that threatens to kill or do bodily harm to someone, or to carry out a mass shooting or act of terrorism, is a second-degree felony.

Sources14Fla. Stat. § 784.048(1)(a), (2)15Fla. Stat. § 836.10

Related guide: Online harassment laws explained

Under Florida's cyberintimidation by publication law, it is a first-degree misdemeanor to post another person's personal identification information online intending, or intending that someone else will use it, to incite violence or a crime against them, or to threaten or harass them so that they reasonably fear bodily harm.

Sources16Fla. Stat. § 836.11517Fla. Stat. § 817.568(1) (definitions of harass and personal identification information)

Related guide: Is doxxing illegal?

Sexual cyberharassment, meaning willfully and maliciously posting or sending a sexually explicit image of someone, together with information identifying them, without consent and against their reasonable expectation of privacy, is a first-degree misdemeanor for a first offense and a felony for repeat offenses or when done for financial gain; victims can also sue for an injunction, $10,000 or actual damages (whichever is greater), punitive damages and attorney fees. A separate law makes it a third-degree felony to create, solicit or maliciously share realistic digitally altered or computer-generated sexual depictions of an identifiable person without consent, lets victims sue the creator or sharer, and requires covered online platforms to remove reported depictions within 48 hours of a valid request.

Sources18Fla. Stat. § 784.04919Fla. Stat. § 836.13