What defenses are available to those charged with defamation?

Defamation is defined as the act of making a false statement of fact which is damaging to another person’s character or reputation. In Florida, those charged with defamation may use several different defenses. First, those accused of defamation may plead truth. This means they may claim that the statement they made which caused damage to another person’s character or reputation was true. If they can prove the statement was true with evidence, then they will not be found guilty of defamation. Second, those accused can plead an Absolute Privilege. This allows them to make a statement that would otherwise constitute defamation with both civil and criminal immunity. Absolute Privileges are typically given to those within a specific profession such as lawyers, judges, and politicians. Third, those accused may plead a qualified privilege. This allows individuals to make a statement, which would otherwise be defamatory, without being held liable in a civil or criminal action. However, for this defense to stand, the accused must prove their statement was reasonable and made in good faith. Fourth, those accused of defamation may also plead opinion. This allows them to make a general or subjective statement without it being considered a statement of fact. For example, an opinion may state “I think this person is a bad person.” Lastly, those accused of defamation may also plead fair comment. This defense allows them to make an honest comment about a public figure or public issue without being held liable in a civil or criminal action. In conclusion, those accused of defamation in Florida have several defenses available to them. These include pleading truth, absolute or qualified privilege, opinion, or fair comment. If they can prove that their statement was true, reasonable, or an honest comment, then they may be able to avoid liability.

What defenses are available to those charged with defamation?

Related FAQs

Related Blog Posts