What is “Defamation?”

“Defamation” is a legal cause of action involving the communication of a knowingly false statement that causes injury to the reputation of another party. By its very nature, defamation requires three parties: Party A must communicate a defamatory statement about Party B to Party C. Under Florida law, to plead a prima facie (potentially viable) claim for defamation, a plaintiff must allege that the defendant published (said) false and defamatory statements concerning him, without reasonable care as to whether those statements were true or false, which resulted in actual damage to the plaintiff. American Airlines, Inc. v. Geddes, 960 So. 2d 830, 833 (Fla. 3rd D.C.A. 2007) citing Byrd v. Hustler Magazine, Inc., 433 So.2d 593 (Fla. 4th DCA 1983); Miami Herald Publ'g Co. v. Ane, 423 So.2d 376, 388 (Fla. 3rd DCA 1982).

Can defamation be oral?

Yes. The two primary types of defamation are slander and libel. Slander is oral defamation, whereas libel is defamation by publication (most often by a writing, which can be as simple as an email or text-message, but can involve images, recordings, or broadcasts).

Why is defamation an employment law issue?

Defamation can occur in many situations, both in and outside of the workplace. However, defamation is an issue that many employment and labor attorneys frequently encounter in their practice. Defamation in the workplace can involve false statements made by or about employers, current or ex-employees, or others. Examples include false statements that cause an employee to get unfairly fired, demoted, or passed over for hiring or promotion. Sometimes it is the employer who is defamed and the false statements cause the employer to lose business or be viewed in a negative light by customers and others.

What defenses are there to a claim of defamation?

Some common defenses to a claim of defamation are:

-that the statement was true (this is perhaps the best defense);
-that the statement was made with an honest belief in its truth (whether the statement was actually true or not);
-that the statement is one of opinion and not of purported fact;
-that the statement was privileged. Examples of privilege are situations where the speaker had a perceived duty to make a statement or the statement was made to law enforcement, a court, or in the context of some other judicial proceeding. The rules regarding privilege are complex.

What damages can I get if I sue someone for defamation?

A plaintiff who successfully sues for defamation can recover actual and/or punitive damages, as well as other types of relief.


Can an employer be sued for defamation for giving an ex-employee a bad job reference?

Sometimes. If an employer gives knowingly false and negative information about a current or ex-employee to potential employers of that employee, the employer may be committing defamation. However, in Florida, the employer is presumably immune from these types of claims unless the employee can prove by “clear and convincing” evidence that the information disclosed by the former employer was “knowingly false” or violated any civil right of the former or current employee. (See Florida Statutes § 768.095).

What is “defamation per se?”

Some statements are so offensive that they are considered “defamation per se;” meaning that the statements are so clearly negative that the law assumes that the plaintiff’s reputation was damaged by the statements. Examples of defamation per se include false allegations of serious sexual misconduct; allegations of serious criminal behavior; or allegations that a person is afflicted with a venereal disease.


What should I do if I think I may have been the victim of defamation?

Preserve the possibly defamatory statements (if they are in writing) and contact an attorney to discuss your options and rights.