Florida bill expands defamation law, requires state oversight of political blogs

A bill introduced this week by a Republican state senator in Florida would require bloggers to register with the state if they write about Gov. Ron DeSantis, R-Fla., or other government officials. If a blogger is getting paid for posts they make regarding state officials, they must let the state know.

The defamation bill deemed Information Dissemination SB requires any blogger writing about government officials to register with the Florida Office of Legislative Services or the Commission on Ethics.

Florida Sen. Jason Brodeur, R-Lake Mary, author of the bill, wrote that those who write “an article, a story, or a series of stories,” about “the Governor, the Lieutenant Governor, a Cabinet officer, or any member of the Legislature,” and receives or will receive payment for doing so, must register with state offices within five days after the publication of an article that mentions an elected state official.

The bill also limits a blogger’s use of anonymous sources, stating a plaintiff could prove malice if an allegation is “based wholly on an unverified, anonymous report.” The state Senate bill mimics that of Florida House bill 991. Both bills update provisions to Florida’s libel and defamation law. Proponents of the bill say it protects government officials from defamation and holds bloggers accountable for smear campaigns. However, there is also bipartisan opposition to the bill. Opponents argue it violates First Amendment rights and it makes the media easier to sue.

“It impacts everybody,” Bobby Block, executive director of Florida First Amendment Foundation, said. “It impacts mainstream media, it impacts new media, it impacts conservative media, it impacts social media. It’s still unconstitutional based on current case law. And it still empowers the rich and powerful to basically go after people who say things they don’t like.”

Gov. DeSantis has not commented on the proposed bill as of Friday. The Florida legislative session is set to begin Tuesday.