TALLAHASSEE, Fla. — Legislation that would make it easier to sue news media, among others, for libel and defamation advanced Tuesday in the Florida House. 

What You Need To Know

  • The bill seeks to lower the legal threshold needed to determine libel or defamation

  •  The issue is a top priority for Gov. Ron DeSantis

  •  The proposal, if passed, would likely trigger a legal battle

  • A court ruling may have national implications

The proposal (HB 991) is a legislative challenge to a longstanding U.S. Supreme Court precedent, which provides legal protections to publishers unless proven in court, they reported recklessly.

The bill sponsor, Pensacola Republican Alex Andrade, maintains good journalism is not the target of the bill despite articulated concerns by critics.

“This bill could be entitled Journalism 101,” Andrade said.

The bill seeks to lower the legal threshold needed to determine libel or defamation. It also establishes that an anonymous source is presumed false in a defamation case, therefore placing the burden upon the publisher to prove otherwise.

Supporters say the current legal threshold to prove defamation in court disadvantages plaintiffs. They further argue the bill will empower the public to seek long-sought relief, which historically  has proven itself a difficult task.

“It doesn’t say open season on public officials or pubic figures,” said Riverview Republican Rep. Mike Beltran of the First Amendment. 

Critics, meanwhile, fear the bill threatens free speech and the press. They also worry the rich and powerful may weaponize the law to control media narratives. Some critics on Tuesday took issue that the legislation is designed to provoke a legal fight. 

“This bill only seeks to chill the public forum of diverse opinions and change discourse of public opinion,” said Miami Democratic Rep. Ashley Gantt. “I would posit that this bill is tantamount to the actual meaning of cancel culture.”

The bill, if passed, would almost certainly draw a legal challenge. The ruling, lawmakers note, may have national implications should the U.S. Supreme Court choose to review its potential conflict with New York Times Company v. Sullivan.

The House Civil Justice Subcommittee OK’d the proposal along a near party-line vote. The bill will appear next before the House Judiciary Committee, it’s final committee stop before a final House vote.