Injunctive Relief For Defamation In Broward
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Stat. § 768.73(1)(a) (2025).) Because defamation per se causes obvious reputational harm, in some cases Florida law might award you "presumed" damages. Presumed damages typically are nominal—$1 or $100, for instance—and can be awarded even if you can't prove any economic or noneconomic losses.
Defenses for Defamation in Florida Typical defenses for defamation under Florida state law include truth, fair reporting privilege pertaining to legislative and judicial reports and reviews, opinion, and Section 230 of the Communications Decency Act.
To prove defamation, a plaintiff generally must show: • A false statement purporting to be fact; • Publication or communication of that statement to a third person; • Fault amounting to at least negligence; and • Damages – that is, some harm caused to the plaintiff's reputation.
To state a claim for defamation in Florida, a plaintiff must allege that (1) the defendant published or said a false statement; (2) about the plaintiff; (3) to a third party; and (4) the falsity of this statement caused injury to the plaintiff. The resulting injury can be to one's reputation or financial harm.
Truth, or substantial truth, is a complete defense to a claim of defamation.
A party seeking an injunction under general Florida case law must demonstrate: 1) irreparable harm; 2) a clear legal right; 3) an inadequate remedy at law; 4) consideration of the public interest.
§ 768.73(1)(a) (2025).) Because defamation per se causes obvious reputational harm, in some cases Florida law might award you "presumed" damages. Presumed damages typically are nominal—$1 or $100, for instance—and can be awarded even if you can't prove any economic or noneconomic losses.
What is the burden of proof for defamation in Florida? In Florida law, a defamatory statement must be proven to have been communicated to a third person, to have been demonstrably false, to have been uttered with malice or negligence, and to have resulted in actual harm to the plaintiff.
Truth is widely accepted as a complete defense to all defamation claims. An absolute privilege is also a complete defense to a defamation claim. Among other examples, this includes statements made by witnesses during a judicial proceedings.
