Updated: 12/04/25*

Get insights to the key defenses to defamation lawsuits, including truth, anti-SLAPP laws, money sanctions for frivolous claims, and other recent case law defenses to libel and slander claims.

In this article, we’ll break down:

• Common Law Defenses to defamation
• Truth as a defense
• Defenses outlined in statute
• Anti-SLAPP laws
• Missing the deadline to file the lawsuit
• Frivolous claims can result in monetary sanctions
• What should you do?

How to Defend a Defamation Case

When considering whether or not to file a defamation lawsuit in the State of Florida, careful consideration must be made by a plaintiff about (1) the testimony and documents needed to prove a claim, (2) the evidence required to prove damages, and (3) the defenses that might be raised in the answer to the lawsuit.

Common Law Defenses to Defamation – Libel and Slander

There are several common law (based on case law) defenses to a defamation (libel or slander) lawsuit filed in Florida courts. These include:

1.  Truth as a Defense – Threshold Requirements

The United States Supreme Court set this defense in stone decades ago in the landmark case of  New York Times Co. v. Sullivan, 376 US 254 (1964): truth is a defense to libel and slander claims.

Later, the courts created the “substantial truth doctrine” for defamation claims. This doctrine sets a threshold needed to defend against a defamation case, as well as to prove one. The “substantial truth doctrine” states that if the “gist” of the statement at issue is true, that will be enough for a defendant to prevail against a defamation claim for damages. See, Masson v. New Yorker Magazine, 501 U.S. 496, 517 (1991).

2. Defenses Set Forth in Recent Case Law

An experienced defamation defense attorney will answer a defamation lawsuit with a litany of recent case law-based defenses. The most common defamation defenses used nowadays include:

• The alleged defamatory statements made regarding the plaintiff were made with good motives.
• The alleged defamatory statements made regarding the plaintiff were made in good faith to those with a common interest in the subject of the statements.
• The alleged defamatory posts are reposts or republications, and the defendant is not considered to be the publisher of those posts, as a matter of law.
• The recipients of the allegedly defamatory posts reasonably should expect to treat the statements of evaluative, subjective beliefs, and not provable assertions of fact that can be the subject of a defamation claim.
• The defendant is liable only for its proportional share of the liability of all those who caused or contributed to the plaintiff’s injuries and damages.
• The plaintiff must prove actual or compensatory damages. If the plaintiff fails to do so, then only nominal damages may be awarded.

Note that some of the above defenses relate only to internet postings, and cannot be used as defamation defenses in non-online cases.

Statutory Defamation Defenses

Statutory defenses, those created by state legislatures, focus on protecting free speech and on fairness. Florida’s statutory defamation defenses include two limited anti-slapp laws, a statute of limitations, a time based notice requirement, and a prohibition on filing frivolous defamation claims.

1.  Anti-SLAPP Laws

These laws protect people from lawsuits filed with the intent to prevent someone from exercising their free speech – even when the plaintiff knows that the case is not winnable in the long run.

There are times when the strategy of burdening a person or an organization with a cumbersome and expensive defamation lawsuit seems smart because it can distract or financially drain them from public outcry or public criticism. The laws protecting individuals from such suits are known as bars against Strategic Lawsuits Against Public Participation or “anti-SLAPP” statutes.

• In Florida, our anti-SLAPP law protects citizens who are protesting from being thwarted by a defamation lawsuit filed by a governmental unit. Florida Statute 768.295is more commonly known as the “Citizen Participation in Government Act.”
• Another Florida Anti-SLAPP law appears in Florida Statutes 720.304(4), which covers cases of homeowners dealing with homeowners’ associations.

2.  Missing the Deadline to File the Lawsuit May Bar a Claim

No one has an unlimited amount of time to file a civil action for damages. State legislatures pass laws that set time deadlines for claims to be filed as lawsuits, for among other reasons, to ensure that witnesses’ memories will be reasonably fresh and pertinent paperwork will be available.

These laws are called “statutes of limitations.”

• The Florida Statute of Limitations for filing a civil lawsuit seeking damages for defamation sets the deadline for filing a defamation lawsuit in Florida at two (2) years. See Florida Statute 95.11(4)(g).
• If the party seeking to file a defamation lawsuit in Florida files the case after this time period has passed, it does not matter how formidable the evidence may be, or how horrid the defamation itself; the limitations deadline will absolutely bar the claim.

Related Note: When filing a defamation lawsuit against a media defendant, the plaintiff must comply with the five-day written pre-suit notice requirements of Florida Statute 770.01. This statute applies to media defendants and not common internet users (i.e., private individuals who merely post messages on a website). Failure to comply with this statute may result in the Plaintiff’s case being dismissed.

3. A Frivolous Claim Can Entitle a Defendant to Monetary Sanctions

Before filing a defamation lawsuit, a plaintiff must know or should know a claim is supported by facts and the law. If not, then a defendant can file a motion (57.105) seeking sanctions against the plaintiff. Seeking sanctions for raising unsupported claims in Florida require the defendant to prove that the claim is meritless, baseless, or vexatious. According to the statute:

• A defamation defendant may be able to recover attorney fees from the plaintiff if it can be proven that the plaintiff’s lawyer knew, or should have known, the claims weren’t supported by the facts or the law.
• If a defamation defendant seeks sanctions against the Plaintiff under this statute, then the defendant must first serve the Plaintiff with a motion giving the Plaintiff 21 days to to fix or withdraw the defamation claim. If the Plaintiff fails to do so within the 21 days, then the defendant may file the motion with the court.

Note: Defenses under the Federal Communications Decency Act which protects online platforms are outside the scope of this article. See 47 U.S.C. § 230(c)(1).

Read: How To Recover Emotional Distress Damages Without a Physical Injury in Florida

What Should You Do?

A good piece of advice if you are being sued for defamation is to speak with an experienced defamation lawyer who has spent years evaluating facts, applying the law, and effectively asking juries to render a favorable verdict. Most defamation lawyers who meet these criteria, including Alan Sackrin, will offer a free initial consultation (over the phone or in person) to answer your questions and evaluate your options for defamation defenses.

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Related:

• Defamation Per Se: When Libel or Slander Is So Bad, No Evidence is Needed of Damages Before Punitive Damages Can Be Awarded
• Can You Sue for a Bad Review? Sure. Libel, Slander, and Defamation Lawsuits for Negative Reviews
• Will An Insurance Policy Cover Damages for Libel or Slander? Defamation Claims are Personal Injury Claims That May Not Be Covered By Standard Coverage Policy

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