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Laws making it simpler to sue journalists and information retailers for defamation handed by its first Senate panel, regardless of objections from teams spanning the ideological spectrum that it could put a “chilling impact” on free speech.
The invoice (SB 1780), sponsored by Sen. Jason Brodeur, a Sanford Republican, was rewritten Monday to take away among the harshest provisions derided by critics, together with a bit that may have eroded protections in state legal guidelines for journalists towards disclosing the id of a supply in a authorized continuing.
However opponents of the measure nonetheless contend it would undercut free speech protections. One of many major points was part of the invoice that may create a presumption in regulation that if a information outlet printed a false assertion by an nameless supply, they had been appearing with “precise malice” — the usual in a defamation lawsuit.
“The overly broad and imprecise language of this invoice doesn’t restrict the laws merely to journalists and the media. non-public residents who converse out on social media will likely be caught up in defamation lawsuits,” mentioned Kara Gross, legislative director and senior coverage counsel for the Florida chapter of the American Civil Liberties Union.
“A free society is one the place there’s freedom of speech and of the press and this invoice threatens the very core of our democracy.”
Brodeur defended his invoice as an replace of state legal guidelines as expertise advances outpace outdated defamation legal guidelines written within the final century. One other a part of the invoice permits a public determine to sue if somebody makes use of synthetic intelligence to painting them in a “false gentle.”
“This invoice works to modernize the best way we handle defamation instances regarding the rising applied sciences of synthetic intelligence and deepfakes, serving to resolve potential frivolous lawsuits and bringing accountability to those that knowingly publish false statements,” Brodeur mentioned.
It’s not simply left-leaning organizations, although, that oppose the invoice. People for Prosperity spoke out towards it Monday, arguing it could erode anti-SLAPP (strategic lawsuits towards public participation) that make it more durable to deliver frivolous fits designed to burden critics with authorized prices.
“Simply by cause of reducing that commonplace you might be then elevating the bar for folks to have fits dismissed by the SLAPP proceedings which goes to have a big chilling impact on speech within the state of Florida,” mentioned Chris Stranburg, legislative affairs director for People for Prosperity-Florida.
The invoice handed by the Senate Judiciary Committee on a 7-2 vote alongside occasion strains, with Democratic Sens. Lauren Ebook of Plantation and Linda Stewart of Orlando voting towards it.
But even some Republicans on the panel advised Brodeur the invoice wants extra work to allay issues it would chill free speech and freedom of the press.
“That is the primary time I’ve heard a invoice in lots of, a few years the place you could have the ACLU and People for Prosperity collectively opposing a invoice,” mentioned Sen. Gayle Harrell, a Stuart Republican. “I’ll help this in the present day with a promise there will likely be continued work on it.”
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