SB 752 — Defamation, False Light, and Unauthorized Publication of Name or Likenesses

Florida Senate - 2025 CS for SB 752 By Senatorthe SimonCommittee 3-01591-25on 2025752__Judiciary; A bill to be entitled An act relating to defamation, false light, and unauthorized publication of name or likenesses;

and Senator Simon 590-02317-25 2025752c1 A bill to be entitled An act relating to defamation, false light, and unauthorized publication of name or likenesses;

requiring that certain articles or broadcasts be removed from any website over which the Internetnewspaper, broadcaster, or periodical has control within a specified period to limit damages for defamation;

declaring that the continued presenceappearance on any website over which the Internetnewspaper, broadcaster, or periodical has control of a published statement determined to be false is deemed to be a new publication of the false statement for certain purposes and that the owner, licensee, or operator is not entitled to a certain privilege;

that there were reasonable groundsPage for1 believingof that4 theCODING: statements in the said article or broadcast were true;

and that, within the period of time specified in subsection (2), a full and fair correction, Page 1 of 3 CODING:

Florida Senate - 2025 CS for SB 752 3-01591-25590-02317-25 2025752__2025752c1 apology,grounds orfor retractionbelieving was,that in the casestatements of a newspaper or periodical, published in the same editions or corresponding issues of the newspaper or periodical in which the said article appeared and in as conspicuous place and type as the said original article or, in the case of a broadcast, the correction, apology, or retraction was broadcast atwere atrue; comparable time, then the plaintiff in such case shall recover only actual damages.

Forand purposesthat, within the period of thistime section,specified ifin suchsubsection an(2), articlea full and fair correction, apology, or retraction was, in the case of a broadcastnewspaper hasor beenperiodical, published onin the Internet,same editions or corresponding issues of the articlenewspaper or broadcastperiodical mustin bewhich permanentlythe removedsaid fromarticle theappeared Internetand withinin as conspicuous place and type as the timesaid periodoriginal providedarticle or, in paragraphthe (2)(a)case inof ordera tobroadcast, limitthe recoverycorrection, toapology, actualor damagesretraction aswas providedbroadcast at a comparable time, then the plaintiff in thissuch section.case shall recover only actual damages.

For purposes of this section, if such an article or a broadcast has been published on the Internet, the article or broadcast must be permanently removed from any website over which the newspaper, broadcaster, or periodical has control within the time period provided in paragraph (2)(a) in order to limit recovery to actual damages as provided in this section.

Section 770.04, Florida Statutes, is amended to read:Page 2 of 4 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 CS for SB 752 590-02317-25 2025752c1 read:

care to prevent publication or utterance required.— Page(1) 2The owner, licensee, or operator of 3a CODING:radio or television broadcasting station or a newspaper, and the agents or employees of any such owner, licensee, or operator, are shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a radio or television broadcast or newspaper article, by one other than such owner, licensee, or operator, or general agent or employees thereof, unless it is shall be alleged and proved by the complaining party, that such owner, licensee, operator, general agent, or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcasts or newspaper articles, provided, however, the exercise of due care shall be construed to include the bona fide compliance with any federal law or the regulation of any federal regulatory agency.

(2) If an owner, a licensee, or an operator described in subsection (1) publishes a defamatory statement on the Internet with no knowledge of falsity of the statement and thereafter receives notice that such statement has been found in a judicial proceeding to be false, or receives notice of facts that would cause a reasonable person to conclude that such statement was false, and the owner, licensee, or operator fails to take reasonable steps to permanently remove the statement and any related report from any website over which the newspaper, broadcaster, or periodical has control, the continued appearance of such statement or report on such website after the notice is Page 3 of 4 CODING:

Florida Senate - 2025 CS for SB 752 3-01591-25590-02317-25 2025752__2025752c1 (1)deemed Thea owner,new licensee,publication orfor operatorpurpose of a radio or television broadcasting station or a newspaper, and the agentsstatute or employees of anylimitations, such owner, licensee, or operator, are shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a radio or television broadcast or newspaper article, by one other than such owner, licensee, or operator, or general agent or employees thereof, unless it is shall be alleged and proved by the complaining party, that such owner, licensee, operator, general agent, or employee,operator hasis failednot toentitled exercise due care to preventa thefair publicationreporting orprivilege utterancefor of such statementnew inpublication. such broadcasts or newspaper articles, provided, however, the exercise of due care shall be construed to include the bona fide compliance with any federal law or the regulation of any federal regulatory agency.

(2) When an owner, a licensee, or an operator described in subsection (1) publishes a defamatory statement on the Internet with no knowledge of falsity of the statement and thereafter receives notice that such statement has been found in a judicial proceeding to be false, or receives notice of facts that would cause a reasonable person to conclude that such statement was false, and the owner, licensee, or operator fails to take reasonable steps to permanently remove the statement and any related report from the Internet, the continued appearance of such statement or report on the Internet after the notice is deemed a new publication for purpose of the statute of limitations, and the owner, licensee, or operator is not entitled to a fair reporting privilege for such new publication.

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