Florida Statute 770.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLV
TORTS

Chapter 770
DEFAMATION

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F.S. 770.04

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.

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Amendments to 770.04

Arrestable Offenses / Crimes under Fla. Stat. 770.04

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 770.04.

Annotations, Discussions, Cases:

Cases Citing Statute 770.04

Total Results: 4

Donna Horwitz v. State

Court: District Court of Appeal of Florida | Date Filed: 2015-02-18

Citation: 189 So. 3d 800, 2015 Fla. App. LEXIS 2145, 2015 WL 671136

Snippet: defendant’s trial testimony. Hoggins, 718 So. 2d at 770. 4 Our holding is limited to appellant’s silence in

Comins v. Vanvoorhis

Court: District Court of Appeal of Florida | Date Filed: 2014-04-11

Citation: 135 So. 3d 545, 42 Media L. Rep. (BNA) 2021, 2014 WL 1393081, 2014 Fla. App. LEXIS 5318

Snippet: not just to radio broadcasting stations. Section 770.04 refers specifically to the civil liability of an

Thomas v. Jacksonville Television, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1997-09-25

Citation: 699 So. 2d 800, 1997 WL 589108

Snippet: Independent Newspapers, 450 So.2d at 294-295. Section 770.04, Florida Statutes, this state's provision dealing

Davies v. Bossert

Court: District Court of Appeal of Florida | Date Filed: 1984-05-08

Citation: 449 So. 2d 418, 10 Media L. Rep. (BNA) 1838

Snippet: not just to radio broadcasting stations. Section 770.04 refers specifically to the civil liability of an