BUSINESS LAW 101 / Defamation, Libel and Extortion

By Albert L. Kelley, Esq.

Several times a year I will get a call from someone stating they have been defamed.  Rarely do they have a civil cause of action.  A civil case requires proof that the person made a false statement, that they knew it was false when they made it, that they made it with the intent tat someone believes it, someone does believe it, and because they believe it the client has been financially damaged.  It is a difficult case to prove.  However, there is also a criminal cause of action for defamation and libel.

Libel is the publication of a false statement about another person, while defamation is a spoken false statement about another person.  The interesting aspect of libel and defamation cases is that they go against the claim of “freedom of speech”. In the United States, we claim to have a freedom of speech, but it is not unlimited.  The libel and defamation statutes clearly limit what can be said or printed.  

Under the criminal statutes, a libel occurs when a false statement is published. This can be in a newspaper, magazine, book, or any printed material that is distributed to others.  To qualify as a libel, the printed material must allege immoral acts of another, or imply the person is guilty of immorality, but must actually name the person it is referring to.  The libel is not just charged against the author of the item, but everyone in the chain of publication, including newspaper owners and editors.  The only people free from prosecution are the printers and delivery people.  The punishment is a misdemeanor of the first degree. At least five days before the state brings charges against a publication, the state must give the publication notice specifying the article and the statements they claim are false. If the publication can show that the article was published in good faith; that its falsity was due to an honest mistake of the facts; that there were reasonable grounds for believing that the statements in said article were true; and that, a full and fair correction, apology, and retraction was published in the same publication in which article appeared, and in as conspicuous place and type as the original article, then any criminal proceeding charging libel shall be discontinued. 

There is an additional charge if a newspaper source gives the newspaper a false statement, that they know to be false, the source can be charged with a second-degree misdemeanor. 

Publications can also be charged if they print, publish, or distribute any printed material which tends to expose any individual or any religious group to hatred, contempt, ridicule or obloquy unless the item gives the name and post office address of the person or entity causing the statement to be printed, and, if the entity is an entity other than a person, they must include the name and address of the person within the entity acting on the entity’s behalf to publish the item. A violation is a misdemeanor of the first degree.

For defamation, the falsity is spoken, not written.  However, defamation only applies to a very specific falsity. Defamation is defined as statements concerning any woman, married or unmarried, falsely and maliciously imputing to her a want of chastity. That’s it. Nothing else is covered under the statute. It is a misdemeanor of the first degree.

Finally, we have extortion and threats.  If someone maliciously threatens to accuse another of any crime or threatens to injury the person, their property, or their reputation, or maliciously threatens them to disgrace, or expose any secret, with the intent to extort money or gain any advantage whatsoever, or with the intent to force the person to do any act or refrain from doing any act against his or her will, they are guilty of a felony of the second degree.  It is also unlawful to send in writing or electronically any text, graphics, video, audio, or picture threatening to kill or to do bodily harm to another person; or to conduct a mass shooting or an act of terrorism.  Such a statement is a second-degree felony.

Al Kelley has worked as an attorney in Key West for the last 31 years. He is the author of five law books available through Absolutely Amazing E-Books and the host of “Basics Of The Law”, a weekly YouTube channel. He also previously taught business law, personnel law, and labor law at St. Leo University. This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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