In short: Libel is a false, defamatory statement in written or fixed form, including posts, reviews, texts, and videos. Slander is spoken. In Florida both are defamation and share the same elements and the same two-year deadline. Social media posts are usually treated as libel. Opinion is protected; false statements of fact are not.
Libel and slander are two forms of the same claim: defamation. The difference matters less than people think, but it still affects proof.
Libel: Written or Fixed
Libel is defamation in a fixed form: a newspaper article, a blog post, a Google or Yelp review, a Facebook or Nextdoor post, an email, a text, a video. Because the words are fixed, proving exactly what was said is usually easy. The fight is over falsity, fault, and damages.
Slander: Spoken
Slander is spoken: a rumor at work, a lie told to a customer, an accusation at a community meeting. The challenge is proof. You need witnesses who heard it and can testify to the actual words, not just the gist. Statements repeated to an employer or to a spouse can satisfy publication, because publication means communication to anyone other than the person defamed.
Same Elements, Same Deadline
Florida applies the same elements to both: publication, falsity, fault, damages, and defamatory meaning (Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008)). Both carry a two-year statute of limitations (§ 95.11(5)(h)).
Social Media Is Mostly Libel
A post, comment, reply, or video is a fixed publication. Three practical points:
- Sharing can be publication. A person who repeats a defamatory statement can be liable for the republication. Platforms themselves generally are not (47 U.S.C. § 230).
- Deleted posts still count. Capture screenshots right away; a deleted post was still published.
- Anonymous accounts can be identified. Once a suit is filed, subpoenas to platforms and internet providers can sometimes unmask the poster, though courts weigh First Amendment concerns first.
Public Figures and Opinion
Public officials and public figures must prove actual malice: that the speaker knew the statement was false or recklessly disregarded the truth. That is a high bar, and it is why many political defamation cases end early. Hyperbole, insults, and statements that can’t be proven true or false are opinion. The appellate arguments below show how courts sort "opinion" from "actionable fact" in high-profile cases.
Watch: the videos behind this article
What is SLANDER in Florida? False spoken statements can absolutely destroy reputations
Libel in Florida happens when someone publishes a false statement of fact that damages.
Can Social Media Posts Be Defamation?
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments on whether statements were opinion or fact, and on defamation by broadcasters and media, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Gen. Flynn Defamation Suit — "Putin Employee" Opinion or Actionable Fact? | 24-0278 | FL DCA
Radio Host Defamation Reversed & Conflict Certified | Mishiyev v. Davis & Beasley | 2D23-1242
Blurred Her Face, Changed Her Name — Still Defamation?
Go Deeper
Frequently Asked Questions
What is the difference between libel and slander in Florida?
Libel is written or fixed (posts, reviews, articles, videos). Slander is spoken. Both are defamation with the same elements and the same two-year deadline.
Is a Facebook post libel or slander?
A social media post is generally treated as libel because it is a fixed, published statement.
Can I sue someone for spreading a rumor about me at work?
Yes, if the statement is a false statement of fact that harmed you and you can prove what was said and to whom. Witnesses are critical in slander cases.
Can I sue Facebook or Google for a defamatory post?
Generally no. Federal law (47 U.S.C. § 230) protects platforms from liability for user content. The claim is against the person who posted it.
Talk to a Florida defamation lawyer
Weidner Law, P.A. handles Florida defamation and online-harassment matters from St. Petersburg. If you need a defamation lawyer in St. Petersburg to review what was said, where, and what it cost you, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
