Internet defamation is a growing problem in today’s digital age, and it is important for individuals and businesses to understand the laws that govern this type of behavior. In Florida, the jurisdiction for internet defamation cases is determined by several factors, including where the defamatory statement was made, where it was accessed, and where the plaintiff resides.
Florida has a long-arm statute that allows the state to exercise jurisdiction over out-of-state defendants who have committed tortious acts within the state. This includes internet defamation, as long as the defamatory statement was accessed by a Florida resident or caused harm to a Florida resident. In other words, if the plaintiff resides in Florida, or the defamatory statement was published or accessed in Florida, then the court in Florida can exercise jurisdiction over the defendant.
However, there are some limitations to Florida’s jurisdiction over internet defamation cases. For example, if the defendant has no connection to Florida, and the defamatory statement was not accessed by a Florida resident or did not cause harm to a Florida resident, then the court in Florida may not have jurisdiction over the defendant. Additionally, if the defendant has a valid defense, such as truth or a privilege, then the court may dismiss the case regardless of jurisdiction.
In order to pursue an internet defamation case in Florida, the plaintiff must file a complaint with the court, stating the facts of the case and the relief sought. The defendant will then have an opportunity to respond to the complaint and assert any defenses they may have. If the court determines that it has jurisdiction over the case, it will proceed with discovery and, if necessary, a trial.
This post was written by Okoye Morgan Jr., a lawyer with extensive knowledge as a personal injury lawyer in Tampa, FL. Okoye is one of the founding partners of The Black Law Company, specializing in personal injury law, trust and estate law, civil litigation law, and criminal defense.
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