What Is the Statute of Limitations for Defamation?

If someone publicly lies about you, the damage can be immediate and irreversible. Defamatory statements can do lasting harm to your reputation, career, and personal life.

The statute of limitations sets a firm deadline for filing a defamation lawsuit, and missing it can mean forfeiting your claim entirely. If you believe you’ve been defamed, understanding the statute of limitations is critical to preserving your rights. For legal help, reach out to a defamation attorney.

Understanding Defamation

Defamation occurs when one person makes harmful false statements about someone to a third party. There are two types of defamation:

• Slander is verbal defamation
• Libel is written defamation

While laws vary from state to state, there are generally four elements that a plaintiff must meet to succeed in a defamation lawsuit:

1. The statement must be a false assertion presented as fact, not opinion or hyperbole
2. The statement must be communicated, intentionally or negligently, to someone other than the plaintiff
3. The defendant must be at fault for making the statement
4. The plaintiff must suffer damage or harm as a direct result of the defendant’s defamatory statement

For a public figure to prove defamation, they must show actual malice. “Actual malice” means the defendant either knew the statement was false or acted with reckless disregard for its truth. This higher standard protects free speech on matters of public concern and allows robust debate without undue fear of litigation.

Because the law can vary, it is important to speak with a defamation lawyer to obtain relevant legal advice. A lawyer will explain the applicable law and the legal process and evaluate the viability of legal claims.

Time Limits for Filing a Defamation Claim

A statute of limitations is a law that sets the deadline to file a defamation claim in court. The filing deadline typically begins when the defamatory statement is published or made to a third party. Each state has its statute of limitations defined in its state laws.

Sometimes, specific actions can “toll” or pause the statute of limitations, essentially extending the time you have to file your defamation lawsuit. Some states allow the time limit to be extended if the plaintiff couldn’t have reasonably discovered the defamatory statements within the time limit. When this happens, the statute of limitations begins at the plaintiff’s discovery.

If the plaintiff is a minor or mentally incapacitated, the statute may be tolled until the disability is removed. If the defendant actively concealed the defamatory act, the limitations period may be tolled until the plaintiff discovers or should have discovered the wrongdoing.

Defamation cases filed after the applicable statute of limitations typically result in the claim being barred, regardless of merit. Courts strictly enforce defamation statute of limitations to ensure the timely resolution of disputes.

State-by-State Statute of Limitations for Defamation Claims

Below is a list of each state’s statute of limitations for defamation. These are general timelines, and there may be exceptions that would change the amount of time you have in your case. That’s why it’s imperative to speak with an attorney who understands the defamations laws in your area for specialized legal advice.

Alabama	2 years	Ala. Code § 6-2-38
Alaska	2 years	Alaska Stat. § 09.10.070
Arizona	1 year	A.R.S. § 12-541
Arkansas	Slander: 1 year Libel: 3 years	Ark. Code Ann. § 16-56-104
California	1 year	Cal. Civ. Proc. Code § 340(c)
Colorado	1 year	C.R.S. § 13-80-103(1)(a)
Connecticut	2 years	Conn. Gen. Stat. § 52-597
Delaware	2 years	10 Del. C. § 8119
Florida	2 years	Fla. Stat. § 95.11(4)(g)
Georgia	1 year	O.C.G.A. § 9-3-33
Hawaii	2 years	Haw. Rev. Stat. § 657-4
Idaho	2 years	Idaho Code § 5-219(4)
Illinois	1 year	735 ILCS 5/13-201
Indiana	2 years	Ind. Code § 34-11-2-4
Iowa	2 years	Iowa Code § 614.1(2)
Kansas	1 year	Kan. Stat. Ann. § 60-514(a)
Kentucky	1 year	Ky. Rev. Stat. Ann. § 413.140(1)(d)
Louisiana	1 year	La. Civ. Code Ann. art. 3492
Maine	2 years	Me. Rev. Stat. tit. 14, § 753
Maryland	1 year	Md. Cts. & Jud. Proc. Code § 5-105
Massachusetts	3 years	Mass. Gen. Laws ch. 260, § 4
Michigan	1 year	Mich. Comp. Laws § 600.5805(11)
Minnesota	2 years	Minn. Stat. § 541.07(1)
Mississippi	1 year	Miss. Code Ann. § 15-1-35
Missouri	2 years	Mo. Rev. Stat. § 516.140
Montana	2 years	Mont. Code Ann. § 27-2-204(1)
Nebraska	1 year	Neb. Rev. Stat. § 25-208
Nevada	2 years	Nev. Rev. Stat. § 11.190(4)(c)
New Hampshire	3 years	N.H. Rev. Stat. Ann. § 508:4
New Jersey	1 year	N.J. Stat. Ann. § 2A:14-3
New Mexico	3 years	N.M. Stat. Ann. § 37-1-8
New York	1 year	N.Y. C.P.L.R. § 215(3)
North Carolina	1 year	N.C. Gen. Stat. § 1-54(3)
North Dakota	2 years	N.D. Cent. Code § 28-01-18(1)
Ohio	1 year	Ohio Rev. Code Ann. § 2305.11(A)
Oklahoma	1 year	Okla. Stat. tit. 12, § 95(A)(4)
Oregon	1 year	Or. Rev. Stat. § 12.120(2)
Pennsylvania	1 year	42 Pa. Cons. Stat. § 5523(1)
Rhode Island	Slander: 1 year Libel: 3 years	R.I. Gen. Laws § 9-1-14(a)
South Carolina	2 years	S.C. Code Ann. § 15-3-550
South Dakota	2 years	S.D. Codified Laws § 15-2-14(3)
Tennessee	Slander: 6 months Libel: 1 year	Tenn. Code Ann. § 28-3-103
Texas	1 year	Tex. Civ. Prac. & Rem. Code § 16.002(a)
Utah	1 year	Utah Code Ann. § 78B-2-302(4)
Vermont	3 years	Vt. Stat. Ann. tit. 12, § 512(4)
Virginia	1 year	Va. Code Ann. § 8.01-247.1
Washington	2 years	Wash. Rev. Code § 4.16.100(1)
Washington, D.C.	1 year	D.C. Code § 12-301(4)
West Virginia	1 year	W. Va. Code § 55-2-12(c)
Wisconsin	3 years	Wis. Stat. § 893.57
Wyoming	1 year	Wyo. Stat. Ann. § 1-3-105(a)(iv)(C)

Defenses to Defamation

Generally, defamation defenses center on freedom of speech under the First Amendment. Many states have anti-SLAPP (Strategic Lawsuit Against Public Participation) laws that protect free speech about public issues.

Generally, defamation defendants rely on a combination of defenses. With a strong defense, a defamation claim could be dismissed as meritless, settled before trial, or the damages mitigated at trial.

Truth

A complete defense to a defamation claim is the truth. Since defamation centers on false statements, by proving the statement facts are true, it invalidates a core element of the claim. The burden of proving truth is on the defendant in the majority of jurisdictions.

Opinion

Another common defense is to show that the statements made are clearly opinions. If it is clear that the defamatory statement is an opinion, then it is protected under free speech.

A court will look at the totality of the circumstances to determine the likelihood of an opinion being reasonable. Subjective commentary on public affairs is typically considered an opinion.

Consent

If the individual filing the defamation lawsuit previously approved or consented to publishing the defamatory statements, their claim is typically dismissed. This rule prevents people from changing their minds after the fact when the outcome isn’t a desirable one.

However, consent must be done with a clear knowledge of what will be disseminated. The consent can be implied or explicit.

Privilege

The law creates privileges that protect certain kinds of statements as a matter of public interest. These privileges give immunity to the speaker, regardless of their intent or the statement’s truth.

Generally, the privilege protects statements about judicial proceedings, legislative debates, and some executive communications. Privilege protects judges, legislators, and witnesses. The purpose of privilege protection is to encourage open communication with the fear of incurring a defamation claim.

Sometimes, privilege is referred to as qualified privilege. These statements are made in good faith about public duty or interest. The statements must be made in good faith. An example of this would be news reporting. The privilege protection can be lost if the plaintiff proves actual malice or reckless disregard for the truth. New York’s defamation laws include absolute privilege in legislative and judicial proceedings.

Retraction Statutes

Many states have retraction statutes in place to encourage the defamatory statement maker to issue a correction of their statements. Depending on the state, a retraction could reduce or eliminate defamatory damages.

The impact of a retraction also depends on the facts of the state. While a retraction may not completely shield the defendant from liability, it can help reduce it. The key to an effective retraction is timeliness. The retraction needs to be prompt and adequately address the defamatory statements made.

Find Legal Help

Suffering defamation can feel overwhelming, but the law provides a path to justice if you move quickly. Use the Super Lawyers directory to find a lawyer experienced in defamation law to discuss your situation and help you determine if you have a case.