Is a person allowed to use an official inquiry as a defense in a defamation lawsuit?
Yes, a person is allowed to use an official inquiry as a defense in a defamation lawsuit within the state of Florida. Specifically, The Florida Statute Section 770.02 (3) states that a person who makes, publishes, or disseminates a statement made in good faith and without malice in response to an official inquiry, investigation, proceeding, or hearing, cannot be found guilty of defamation. This defense is known as an Official Inquiry Defense. Therefore, in order for someone to successfully use this defense, they must prove that the statement was made in response to an official inquiry. An official inquiry can be initiated by a governmental employee or a legislative body and must include an investigation, hearing, or other formal proceeding. Additionally, the statement made in response to the inquiry must have been made in good faith and without malice. This means that the statement must have been made honestly and without any intent to harm the reputation of the subject of the statement. If someone is accused of defamation and is able to prove to the court that their statement was made in response to an official inquiry and was done so in good faith and without malice, then they may successfully use an Official Inquiry Defense as a shield against liability for defamation.
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