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In the Tampa Bay area, defamation is a wrongful act which consists of making untrue statements that can harm a person's reputation or livelihood. There are two types of defamation: slander, which involves spoken statements, and libel, which relates to written or published false statements.
Defamation law aims to balance the freedom of speech and open exchange of ideas with the right of a person to protect their reputation from unjust harm.
A lawyer may be necessary if you believe you have been defamed and wish to file a lawsuit seeking damages for harm to your reputation. Likewise, if you are being accused of defamation, you’d need a lawyer to defend you. You may also need a lawyer’s advice on whether you have a valid claim or to understand the complexities in proving or disproving defamation.
In Florida, the plaintiff in a defamation case must prove that the statement was false, made negligently or with malice, published, and resulted in damage to their reputation. The Tampa area abides by the same requirements. Public figures or officials must additionally prove that the statement was made with 'actual malice', that is the defendant was aware the statement was false or showed reckless disregard for the truth.
Defamation in Tampa, as in the rest of Florida, requires proof of a false statement, published to a third party, causing harm to reputation, and uttered with a degree of fault, amounting at least to negligence.
Yes, truth is a complete defense to defamation. If the statement was true, it cannot form the basis of a defamation action.
Florida law gives you two years from the date of the defamatory statement to file a lawsuit.
Yes, but you must prove the statement was made with 'actual malice'—the speaker knew the statement was false or acted with reckless disregard for the truth.
While not required, it is strongly recommended due to the complexities involved in defamation law.
For legal assistance in defamation cases in Tampa, consider contacting the Florida Bar Association or the Hillsborough County Bar Association. The Supreme Court of Florida provides resources for self-represented litigants, and the American Civil Liberties Union (ACLU) of Florida may provide assistance on the freedom of speech aspect of defamation cases.
If you believe you have been defamed, or accused of defamation, contact a local Tampa attorney experienced in defamation law. They will help you assess your options, develop a strategy, and ensure you meet all legal deadlines and requirements.
