Summary of HB 991 (2023) - Defamation and Privacy Law Updates

This bill updates Florida law regarding defamation (false statements that harm a person's reputation), false light (a kind of privacy violation), and unauthorized use of a person's name or likeness.

Key Points in Simple Terms

• Journalist's Privilege Exception: The protections journalists usually have (called "journalist's privilege") won't apply to defamation lawsuits if the defendant is a professional journalist or media company. This means journalists can be sued for defamation just like anyone else in these cases.
• Venue (Where You Can Sue): You can only choose one place to file a defamation or privacy lawsuit related to a single publication (like one newspaper article, one TV broadcast, or one social media post). For internet publications, you can sue in any county in Florida.
• Attorney Fees and Costs: If you win a defamation or privacy lawsuit, the defendant must pay your reasonable attorney fees and court costs. This encourages people to protect their reputation without fear of costly legal battles.
• Limitations on Calling Someone a Public Figure: A person cannot be labeled a public figure (which affects the proof they must provide in defamation cases) just because they:
• Defend themselves publicly against accusations.
• Give an interview about a specific topic.
• Work in public employment unless elected or appointed by an elected official.
• Have videos, images, or statements that become widely shared online.
• Actual Malice and Defamation Standards: For a defamation claim, the court should assume the defendant acted with "actual malice" (knowledge of falsity or reckless disregard for the truth) if:
• The statement was made up or imagined by the defendant.
• The statement is obviously unbelievable and only a reckless person would spread it.
• There’s clear reason to doubt the truthfulness or reliability of the information.
• The defendant recklessly failed to check or verify the statement before publishing it.
• Defamation Per Se - Discrimination Claims: Calling someone discriminatory against a person or group based on race, sex, sexual orientation, or gender identity is automatically considered defamatory. Moreover:
• You cannot defend such claims by saying the accused's religious beliefs or scientific opinions justify discrimination.
• If a plaintiff wins under this rule, they automatically get at least $35,000 in damages.
• Anonymous Sources: Statements based on anonymous sources are presumed false in defamation cases. If a defendant refuses to reveal the anonymous source, the plaintiff only needs to prove that the defendant was negligent in publishing the defamatory statement.
• Public Figures and Actual Malice: Public figures do not need to prove "actual malice" if the defamatory statement is unrelated to why they are famous or well-known.
• False Light Privacy Claims: If someone publishes information about a person that puts that person in a “false light” (making them appear falsely in a way offensive to reasonable people), and the publisher knew or recklessly disregarded the falsehood, they can be held liable for damages. This covers cases where media editing leads to false impressions.
• Strategic Lawsuits Against Public Participation (SLAPP) Protections: The bill strengthens protections against lawsuits meant to silence people (like homeowners or community members) who speak out on public issues, particularly regarding homeowners associations. It makes these suits easier and quicker to dismiss and allows courts to award damages and attorney’s fees to those unfairly sued.

Overall Intent

This law aims to make it easier for individuals to protect their reputation and privacy, especially against false or defamatory statements. It also holds media and others more accountable by limiting some traditional privileges and increasing penalties for false statements, particularly those involving discrimination claims or anonymous sources.

At the same time, it protects ordinary citizens from being labeled public figures too easily and reinforces the rights of people to participate in public discussions without facing intimidating or abusive lawsuits.

Effective Date

This law took effect on July 1, 2023.