A new bill in the Florida Senate that stands to weaken protections for the press in the Sunshine State has advanced in its trek toward becoming a law. SB 752, officially known as the ‘Defamation, False Light, and Unauthorized Publication or Name of Likenesses’ Act, passed the Senate Judiciary Committee on Wednesday by an 8-2 vote.
The bill would compel media outlets to take down or retract content which is found to have false or defamatory information. It increased the power of the courts to award damages to plaintiffs who sue for defamation, a process which has traditionally had a high bar for success.
Outlets such as newspapers, radio broadcasts, and online reports would be made by SB 752 to issue a correction, apology, or retraction within 20 to 45 days if found in court to have put forth defamatory content, with the time window depending on the frequency of their publication.
Errors made in good faith would result in the complaining party awarded only what damages can be proven to have occurred, provided the outlet redresses the problem on the timeline provided. If passed, the SB 752 would take effect beginning on July 1st, 2025.
Support for the Legislation
Supporters of the legislation contest that SB 752 would help amend media protections to adjust for the internet age, when the process in which news is disseminated has transformed radically since the days of papers and radio. State Senator Corey Simon, the bill’s sponsor, is a Republican representing Florida’s 3rd district.
Republican Corey Simon, the bill’s sponsor.
“[Defamatory content] can be devastating to a person because the false information will pop up any time someone searches the victim’s name,” Simon said as reported by FloridaPolitics. “And no one hires anyone without doing such a search.”
The vote to pass SB 752 out of the Judiciary Committee was along party lines, with only Democrats Lori Berman and Tina Polsky dissenting. Among the yea votes was Tom Leek, the newly elected state senator representing Flagler, St. Johns, Putnam, and parts of Volusia County.
Opposition to the Legislation
Opponents of SB 752 mainly argue against the legislation on a First Amendment basis, contesting that it erodes the constitutional right of freedom of the press. One organization which made its opposition known was the Florida branch of the American Civil Liberties Union (ACLU).
“Freedom of speech and a free press are the hallmarks of a healthy democracy,” said Kara Gross, legislative director and senior policy counsel for the ACLU of Florida. “SB 752 threatens both these freedoms by weakening state laws that have long protected media outlets, journalists, and citizens alike from frivolous lawsuits.”
The ACLU further argues that the bill could potentially award ‘unlimited damages’ to outlets who do not remove articles on a time-frame and criteria which it calls arbitrary. The most notable case precedent, New York Times Co v. Sullivan (1964), saw the U.S. Supreme Court limit the abilities of a government official to sue the press for defamation to cases where actual malice could be proven.
Some opponents also contest that the bill doesn’t accomplish what it sets out to do. “If you’re only removing the original article, it still lives on,” said state Senator Tina Polsky. “How does that help the individual? The story ended up a different way than how the [outlet] originally presented it, and now they are being told they must take it down. It doesn’t take away the fact that it happened, that’s what news is.”
