Florida bill makes it easier to sue if accused of racism, sexism, homophobia, transphobia
Be careful what you say if an anti-defamation bill in the Florida Senate passes. Just pointing out that someone said what they said may no longer protect you.
Under "Defamation, False Light, and Unauthorized Publication of Name or Likenesses" (SB 1780), filed by Sen. Jason Brodeur, R-Lake Mary, practically all accusations of racism, sexism, homophobia or transphobia would be considered "defamation per se," making speakers presumptively at fault and leaving them liable for damages of at least $35,000 and court costs — for what may currently be constitutionally protected speech.
You wouldn't be able to defend yourself by pointing out actual discriminatory things or opinions the person shared, and anything based on anonymous sources would automatically be considered false. The bill contains numerous ways to protect people from being accused, regardless of their public statements, and to help them seek damages beyond what existing law would allow.
What does Florida's SB 1780 anti-defamation bill do?
Under this bill, If you publicly call out someone for racial, sexist, anti-trans or anti-gay discrimination and get sued in return for defamation:
You can't prove what you said is true by pointing out things the person has publicly said about any "person or group because of their race, sex, sexual orientation, or gender identity" or by citing that person's publicly expressed "scientific beliefs," or their "constitutionally protected religious expression or beliefs."
You can't cite anonymous sources, which this bill automatically presumes to be false.
You can't argue that the person you've accused is a public figure due to fame or notoriety arising solely because of a "video, image or statement uploaded on the internet that has reached a large audience," such as a video or picture showing them discriminating against LGBTQ people that goes viral. Establishing that such a person is not a public figure makes it much easier for them to file lawsuits against you.
You can't make an allegation that, according to the bill, is so "inherently implausible that only a reckless person would have put it into circulation."
You can't use traditional journalistic privilege to avoid damages.
Lawsuits for material published through the radio, on television or the internet can be filed from anywhere the material can be accessed.
SB 1780 would apply to all print and televised media and an "utterance on the Internet," which would even include individual social media posts.
"The bill would tremendously chill speech in Florida," journalist and transgender rights activist Erin Reed said.
This is the second attempt at an anti-defamation bill from Brodeur, who filed one (SB 1220) last year with similar language weeks after Gov. Ron DeSantis said he wanted to make it easier to sue media outlets. That bill died in the Rules Committee.
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What is 'actual malice'?
In 1964 the U.S. Supreme Court ruled in favor of the newspaper in New York Times v. Sullivan when a politician sued over misleading ads. The court agreed with a lower court that public officials could not sue for damages from libel or defamation unless they could prove the false statements were made with "actual malice," either because they were made with full knowledge they were false or with "reckless disregard" to their accuracy.
Brodeur's bill defies this ruling by narrowing the definition of "public figure" and expands the circumstances under which a fact finder can infer actual malice such as allegations being "inherently implausible," allegations based on anonymous reports, or there being "obvious reasons" to doubt the allegations.
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What is Florida's HB 757 anti-defamation bill?
SB 1780 isn't the only bill to take aim at Florida's defamation law.
"Defamation, False Light, and Unauthorized Publication of Name or Likenesses" (HB 757), filed by Rep. Alex Andrade, R-Pensacola, also declares anonymous sources to be false by definition and opens up lawsuits for material on the internet from "any county in the state."
Unlike SB 1780, Andrade's bill also goes after the use of artificial intelligence or AI to "create or edit any form of media so that it attributes something false to or leads a reasonable viewer to believe something false about another person."
It is uncertain whether this would have applied to a video DeSantis' "rapid response" War Room X account posted last year that used three fake images showing former president Donald Trump hugging and kissing Dr. Anthony Fauci.
Andrade filed a similar bill with the same name in 2023 (HB 991), which was more sweeping and expressly made it easier to sue journalists. The bill also died in committee.
This article originally appeared on The Daytona Beach News-Journal: Florida bill makes accusations of racism, transphobia 'defamation per se'
