A false statement about you or your business, posted online, sent to customers, or repeated in the community, can damage a reputation that took years to build. Being accused of defamation is also stressful, especially when the statement was an opinion, was true, or was about a public issue. The Law Office of Brantley Oakey has represented clients in Florida since 2012 and handles libel and slander matters in Naples and Collier County.
Call 239-963-2897 to talk through what was said and what options may be available.
What defamation means in Florida
Defamation is the general term. Libel usually refers to written or published statements, and slander to spoken ones. The Florida Supreme Court has described five elements of a defamation claim:
- publication to someone other than the person defamed;
- falsity;
- fault: at least negligence for a statement about a private person, or knowledge or reckless disregard of falsity for a statement about a public official;
- actual damages; and
- a defamatory statement, one that harms the person’s reputation.
Statements of pure opinion, true statements, and some privileged statements are generally not actionable. Whether a particular statement crosses the line depends on its wording, its context, and who it was about.
Who we represent
- People and businesses who believe they were harmed by false statements, including online reviews, social media posts, emails to customers or employers, and statements to third parties.
- People and businesses accused of defamation, who may have defenses such as truth, opinion, privilege, or Florida’s anti-SLAPP statute.
Florida deadlines and presuit steps
Two-year filing deadline. Under section 95.11(5)(h), Florida Statutes, an action for libel or slander generally must be filed within 2 years. Waiting can cost a claim entirely, and evidence such as posts and messages can disappear.
Presuit notice in some cases. Section 770.01 requires a plaintiff, before suing over a publication or broadcast “in a newspaper, periodical, or other medium,” to serve written notice at least 5 days before filing. The notice must identify the article or broadcast and the statements claimed to be false and defamatory. Florida courts have generally applied this requirement to media defendants, not private individuals. Whether a blogger or website operator counts can be disputed, so it is often safer to evaluate notice early. Under section 770.02, a timely correction, apology, or retraction by a media defendant can limit the damages available in some circumstances.
Anti-SLAPP protection. Section 768.295 bars lawsuits that are without merit and are filed primarily because someone exercised the constitutional right of free speech in connection with a public issue, or certain related rights. The statute gives the person sued a right to an expeditious resolution, through a motion to dismiss or for summary judgment that the court must hear at the earliest possible time. It also provides that the court shall award the prevailing party reasonable attorney fees and costs on that claim. This matters for both sides: a plaintiff should consider it before filing, and a defendant should consider it immediately after being sued.
Steps to take now
- Preserve the evidence. Save screenshots with dates and URLs, emails, texts, and the names of people who saw or heard the statement.
- Do not respond in anger. Public replies can add new statements to the dispute.
- Write down the damage: lost customers, contracts, job opportunities, or other harm.
- Get advice before sending a demand or a retraction request, so it meets any notice requirement and does not create new problems.
Talk with a Naples defamation lawyer
To discuss a libel or slander matter, call the Law Office of Brantley Oakey at 239-963-2897. The office is at 780 5th Ave S, Ste 200, Naples, FL 34102, and is open Monday through Thursday, 9 a.m. to 5 p.m.
This page is general information only, not legal advice. Reading it does not create an attorney-client relationship. Statute references are to the 2026 Florida Statutes and may change.