FOX station says defamation bill is ‘death of conservative talk,’ GOP sponsor pushes back

TALLAHASSEE, Fla. (FLV) – A FOX radio station owner, which features prominent conservative hosts, said the proposed Florida defamation bill will lead to the “death of conservative talk” in Florida.

However, the Republican sponsor of the defamation bill, HB 991, said the concerns are “overblown” and said it does not open the floodgates to lawsuits.

James Schwartzel, the owner of 92.5 FOX News, said if the bill passed the station would need to shut down conservative talk because it would “expose our on-air talent and stations” to a string of defamation and false light lawsuits.

In Schwartzel’s letter to Florida representatives, he referred to HB 991, which would make it easier for people to sue media outlets. The bill also changes who is considered a public figure for the purpose of establishing a claim of defamation, libel and slander.

“This bill effectively neutering our Conservative News/Talk radio station in Southwest Florida, 92.5 FOX News, from which most of you have benefited,” Schwartzel said.

“This bill also finishes off confidential informants by enforcing the presumption that statements from any anonymous source are false.”

However, sponsor Rep. Alex Andrade, R-Pensacola, said the concern is “way overblown,” explaining that the bill does not change current provisions in Florida law to protect broadcasters.

Andrade referred to the “safe harbor” law, which he said already gives broadcasters 10 days to retract a statement that was accidentally defamatory once brought to their attention.

If the retraction occurred, the plaintiff would only recover actual damages, which Andrade said politicians would never be able to prove.

“This bill does not open up the floodgates on broadcasters or publications. There’s nothing in this bill that does that,” he said. “That safe harbor bill eliminates anything that might be considered opening the floodgates and puts them right back at exactly where they are right now.”

The Southwest Florida radio station, 92.5 FOX News, hosts shows from well-known conservatives such as Glenn Beck, Sean Hannity, and Mark Levin.

The owner’s letter said while he understands the perceived intentions of the proposal, it creates “too much liability” for the conservative talk show business to continue.

“We will change our conservative programming, and announcers will quit,” he said. “The devastation will be severe and swift. Republicans will lose one of their most prominent platforms to reach their base forever.”

Andrade’s proposal was filed around the same time Gov. Ron DeSantis held a roundtable urging private action to fight against media defamation.

“We’ve all seen examples in recent history where media outlets have kind of played fast and loose with the truth,” Andrade told Florida’s Voice in February.

“And some of the standards that we all expect from media outlets haven’t necessarily been followed.”

New York Times Co. v. Sullivan raised the standard for someone deemed a public figure to reach in order to bring a cause of action, according to Andrade.

Under the bill, the person is not considered a public figure if the person’s fame arises for the following reasons:

• Defending him or himself publicly against accusations.
• Granting an interview on a specific topic.
• Public employment other than elected office or appointment by an elected official.
• A video, image, or statement uploaded on the Internet that has reached a broad audience.

The bill creates a presumption that a statement by an anonymous source is presumptively false for purposes of a defamation action.

It clarifies defamation standards to include factors such as when there are “obvious reasons” to doubt the veracity of the defamatory allegation.

In the bill, some of the “obvious reasons to doubt the veracity of a report” is when:

• There is “sufficient” contrary evidence that was known or should have been known to the defendant after an investigation.
• The report is inherently improbably or implausible.
• The defendant willfully “failed” to validate, corroborate, or verify the defamatory allegation.

The bill said the prevailing plaintiff is entitled to statutory damages of at least $35,000.

HB 991 passed one committee and is slated for another committee in the House.