Can you sue someone for what they say on Facebook? Short answer: Not for opinion. You may be able to sue for defamation for obvious or implied false statements meant to materially harm reputation or economic well-being. Consider:
- Truth is a defense.
- Facebook page ‘owners’ cannot be held liable for comments by others. Section 230 of the Communications Decency Act.
- Public figures – including elected officials – must prove actual malice before they can recover.
- §768.296, Florida’s Anti-SLAPP statute, calls for dismissal of defamation lawsuits without merit and the intent to stifle free speech. (Opinion is protected free speech. Defamation (lies) are not.)
- Out-of-state posters can be sued if they have sufficient ties to a Florida website or Facebook page. However, defamatory comments on a private Facebook page are probably insufficient unless the target of the comments lives in Florida. Estes v. Rodin, No. 3D17-1201 (3rd DCA 2018).
- If both parties have unclean hands, antagonizing/ trolling each other, a jury is not likely to award damages.
