After the controversial and mediatic trial of Amber Heard and Jhonny Depp, the firm has received different calls and emails; you wanted to know what constitutes defamation in the State of Florida. In today's blog we are going to be explaining what defamation consists of.
The explanations in this blog constitute the current law of the state of Florida. If you reside in another state, please contact an attorney licensed in your state for more information.
In the state of Florida, defamation is any expression, verbal or written, that causes damage to a person's reputation.
There are two types of defamation: defamation and slander. Defamation is a statement made in writing; slander is a statement made orally.
In order to prove that we are facing a defamation case we have to prove that the statement is false. If the statement made, whether in writing or verbally, is true, we are not facing a case of defamation.
The second point that is necessary to prove is that this statement, whether written or oral, has been made in front of third parties. If the declaration was made only between the parties, and was not transmitted to third parties, then there is no case of defamation.
The third point that needs to be proven in a defamation case is that this statement caused damage, either monetary or to the reputation of the person to whom the statement refers. This is perhaps one of the most difficult points to prove. If a statement is made, in front of third parties, that does not cause damage to the person, then we are not facing a case of defamation either.
Finally, we must take into account that we are talking about a statement, that the way in which the person accused of defamation expressed himself is definitive, because an opinion about someone or something does not constitute defamation either.
If you believe you have been defamed, or harmed by third party statements, please do not hesitate to call us. In Y. Morejon Attorney, P.A. we work civil cases, and we can help you with yours. The first consultation is free. In Y. Morejon Attorney, P.A. your problem is our problem.