Florida Statutes

Fla. Stat. § 770.04 (2025)

Civil liability of radio or television broadcasting stations; care to prevent publication or utterance required.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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770.04 Civil liability of radio or television broadcasting stations; care to prevent publication or utterance required.—The owner, licensee, or operator of a radio or television broadcasting station, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a radio or television broadcast, by one other than such owner, licensee or operator, or general agent or employees thereof, unless it shall be alleged and proved by the complaining party, that such owner, licensee, operator, general agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcasts, provided, however, the exercise of due care shall be construed to include the bona fide compliance with any federal law or the regulation of any federal regulatory agency.

History.—s. 1, ch. 23802, 1947; s. 1, ch. 25278, 1949.

Notes of Decisions

Cited in 5 cases, 1984–2014 · leading case: Byron D. Neely, Individually, & Byron D. Neely, M.D., P.A. v. Nanci Wilson, CBS Stations Grp. of Texas, L.P., D/B/A Keye-Tv & Viacom, Inc., 418 S.W.3d 52 (Tex. 2013).

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Byron D. Neely, Individually, & Byron D. Neely, M.D., P.A. v. Nanci Wilson, CBS Stations Grp. of Texas, L.P., D/B/A Keye-Tv & Viacom, Inc., 418 S.W.3d 52 (Tex. 2013). “§ 13-21-106 ; Fla. Stat. § 770.04 ; Ga. Code Ann. § 51-5-10 (a); Iowa Code § 659.”

Thomas v. Jacksonville Television, Inc., 699 So. 2d 800 (Fla. 1st DCA 1997). · cites it 2× “04, Florida Statutes, this state's provision dealing with a radio or television broadcaster's civil liability for defamation, states in part: The owner, licensee, or operator of a radio or television broadcasting station, and the agents or employees of any such owner, licensee…”

Davies v. Bossert, 449 So. 2d 418 (Fla. 3d DCA 1984). “Section 770.04 refers specifically to the civil liability of an "owner, licensee, or operator of a radio or television broadcasting station, and the agents, or employees of any such owner, licensee or operator.”

Comins v. Vanvoorhis, 135 So. 3d 545 (Fla. 5th DCA 2014). “Section 770.04 refers specifically to the civil liability of an “owner, licensee, or operator of a radio or television broadcasting station, and the agents, or employees of any such owner, licensee or operator.”

Schaefer v. Nash, 149 F.R.D. 583 (N.D. Ill. 1993). “Florida has also adopted the single publication rule through a similar (though not identical) statute (Fla.Stat.Ann. §§ 770.04r-.07 (West 1986)).”

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