The bill amends sections 770.02 and 770.04 of the Florida Statutes to establish new provisions regarding liability for defamatory statements. It requires that if a defamatory article or broadcast is published online, it must be permanently removed from any website controlled by the publisher within a specified timeframe to limit damages to actual damages only. The bill outlines the timeframes for making corrections, apologies, or retractions based on the frequency of publication, and it specifies that failure to remove the defamatory content after receiving notice of its falsity can lead to new liability for the publisher.
Additionally, the bill provides immunity for certain media outlets, including newspapers and broadcasting stations, from liability for defamatory statements made by third parties, provided they exercise due care to prevent such publications. If a defamatory statement is published online without knowledge of its falsity, the publisher must take reasonable steps to remove it upon receiving notice of its falsehood. The bill also clarifies that the continued presence of the statement online after notice constitutes a new publication for the purposes of the statute of limitations, and it establishes a 20-year limit for initiating actions related to such publications. The act is set to take effect on July 1, 2025.
Statutes affected: H 667 Filed: 770.02, 770.04
H 667 c1: 770.04