Key Florida Statutes Governing Online Activity

Like other states, Florida law includes specific statutes that apply to online activity. These statutes cover multiple concerns, including:

1. Defamation

Defamation happens when someone makes a false statement that harms another person’s reputation. In Florida, this offense is categorized into two types:

• Libel: Written defamation, which can include online posts and comments.
• Slander: Spoken defamation, which can include audio content shared online.

A Florida defamation claim, if filed, must prove:

• The statement was false.
• The statement was communicated to a third party.
• The statement caused harm to the plaintiff’s reputation.

Social media increases the opportunity for libel because it could potentially reach a massive audience. For example, a sarcastic comment or joke about someone’s business might be misunderstood as a statement of fact, opening the door to a defamation lawsuit.

2. Cyberstalking and Harassment

Florida law defines cyberstalking as engaging in a course of conduct using electronic communication that:

• Is directed at a specific person.
• Causes substantial emotional distress.
• Serves no legitimate purpose.

Misunderstood comments or repeated messages on social media can fulfill this definition, even when the sender harbors no intent to harm the other party. For example, constantly tagging or messaging someone with jokes or memes could be regarded as harassment if the receiver is made to feel threatened.

3. Threats and Intimidation

Florida law also addresses threats made online. In the Sunshine State, it’s illegal to make credible threats of harm through electronic communication. This can include private messages, comments, or public postings that imply actual intent to harm someone physically or emotionally.

In these situations, the perception of the threat is a major defining factor. Even if the post was meant as a joke, it could still open the door to legal consequences if it was interpreted otherwise.

Common Scenarios Leading to Legal Trouble

It can be hard to imagine real-life scenarios of social media posts that could actually happen in real life. It has happened, though, and will likely continue to happen without a proper understanding of applicable laws. Examples of situations that could lead to legal trouble include:

Misinterpreted Humor

A seemingly harmless joke about a coworker’s habits or a sarcastic comment about a competitor’s business could be taken literally. If the subject feels defamed or threatened, they may pursue legal action, even if the original post was intended to be humorous.

Overzealous Advocacy

Passionate opinions on controversial topics may sometimes be misconstrued as personal attacks. For instance, suppose Shelly publicly criticizes a local official or business. Her overzealous opinions, which she continually shares online, could be construed as libel if her statements can’t be substantiated as true.

Emotional Responses

Things can quickly become heated on social media, especially when controversial topics are involved. People may feel more confident saying things online since they’re not actually face-to-face with the other person, which can lead to heated exchanges and regrettable comments. A rash written post during an argument could inadvertently cross legal boundaries.

Viral Misunderstandings

When a post goes viral, it’s far too easy for the original context to get lost. As multiple accounts share the original post, the original intent can get lost in the mix. When this happens, the out-of-context video clip, screenshot, or comment can lead to widespread backsplash and potential legal issues, even if the original poster didn’t intend to harm anyone.

How to Protect Yourself From Legal Risks

While social media encourages open communication, it’s not a free-for-all. Your posts could be misconstrued or taken out of context, so it’s important to exercise caution when posting or commenting. Here’s how you can protect yourself from legal risks online:

1. 1. Think before you post: Think about how someone else might view your content. Avoid posting jokes or even opinions that could be misinterpreted.
   2. Verify your facts: Whatever you say about a person, business, or organization should be factual and backed up by evidence. Avoid speculating or exaggerating.
   3. Respect privacy: Don’t share the personal details of others without their consent. This includes photos, videos, or anything about private life.
   4. Set boundaries: Avoid contacting anyone who has asked you to stop. Continued contact may be considered harassment or stalking.
   5. Seek legal advice: If you’re unsure about whether something you post may have consequences, chat with an attorney who has experience in internet or defamation law. They can offer insight to help you avoid pitfalls.