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Cyberstalking in Orlando, Florida 

Florida Statute section 784.0485 allows an injunction against stalking, including cyberstalking. A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks another person commits the offense of stalking. Florida Statute section 784.048(2).

Harass, in turn means to engage in a course of conduct dictated at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose. To be entitled to an injunction for stalking, the petitioner must allege and prove two separate instances of stalking. Each incident of stalking must be proven by competent, substantial evidence to support an injunction against stalking. When considering the sufficiency of the evidence, courts apply reasonable person standard, not a subjective standard, to determine whether an incident causes substantial emotional distress. 

Florida district courts have interpreted a course of conduct directed at a specific person to exempt social media messages from qualifying as a type of conduct covered by Florida Statute section 784.0485. The courts have reversed an injunction because posts were not directed at a specific person. Another court reversed an injunction for cyberstalking for internet posts. 

One Florida court held that Facebook posts did not meet the statutory definition of cyberstalking because the posts were not directed at a specific person. Unlike email communication, posts to one’s own Facebook page are not directed at a specific person but instead posted for all of the user’s Facebook friends to see, depending on the user’s privacy settings. 

Another court recognized that angry social media postings are now common. Jilted lovers, jolted tenants, and attention-seeking bloggers spew their anger into fiber optic cables and cyberspace. But analytically, and legally, these rants are essentially the electronic successors of the pre-blog, solo complainant holding a poster on a public sidewalk in front of an auto dealer that proclaimed Don’t Buy Here! Only Lemons from These Crooks.

Where comments are made on an electronic medium to be read by others, they cannot be said to be directed to a particular person. Florida case law has mandated that threats via social media be directed to the individual-not by content, but by delivery-to fall within the purview of section 784.0485. 

A trial court has broad discretion to grant an injunction. The court must examine whether the respondent’s actions serve a legitimate purpose.  The court must also evaluate whether respondent’s activities constitute a course of conduct directed at a specific person as required by Florida Statute section 784.0485. Lastly, the court must determine whether the petitioner’s subjective fear satisfies the objective reasonable person standard required by the statute. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//: www.AnnMarieGildenLaw.com

This article is for informational purposes only; and it does not form an attorney client privilege