Defamation statute of limitations in California

Understand California’s one-year statute of limitations for defamation and key legal defenses. Learn the differences between libel and slander to protect your rights.

By Brad Nakase, Attorney

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Table of Contents
1. What is defamation?
2. What is the statute of limitations for defamation in California?
3. Kinds of defamation
4. California’s defamation lawsuit defenses

What is defamation?

Defamation begins when an individual or organization believes that an arrested person must have done something even though they haven’t been found guilty of a crime. This assumption is flawed in a few ways. To begin with, the evidence required for a valid arrest is significantly short of what is required to find someone guilty of a crime. The argument that a person is guilty of a crime is refuted by the subjective test used to decide whether a police officer has a reasonable suspicion to detain a suspect.

California is renowned for its prominent defamation litigation because of its appeal to public figures and celebrities. Defamation laws are rich in long-standing legal precedent because of the state’s reputation.

What is the statute of limitations for defamation in California?

Section 340 of the California Code of Civil Procedure states that there is a one-year statute of limitations for defamation cases in California (c). This means that you have one year from the day the alleged defamatory comment was made to launch a case. If within a year the plaintiff repeats or reprints the statement, it is not permissible to submit a second complaint. It might not be possible for you to launch a case at all if you wait more than a year.

Kinds of defamation

  1. Libel Defamation: A published written comment that is deemed defamatory is referred to as libel. As per Section 45 of the California Civil Code, a false and unprivileged publication is defined as any writing, publishing, image, effigy, or other fixed representation to the public eye that exposes an individual to prejudice, disdain, mockery, or obloquy, or causes them to be shunned or avoided, or that has the potential to cause harm in their line of work.
  1. Slander Defamation: Slander defamation is defined as an untrue and unprivileged publication, verbally uttered, as well as messages by broadcast or any mechanical or other means which:

Charges any person with unlawful activity, or with having been charged, convicted, or punished for crime.

Assumes that he is suffering from a terrible, infectious, or contagious illness at the present time.

Tends to intentionally harm him with regard to his trade, business, profession, or office. This would be either by attributing to him a general disqualification in the areas where the job or other occupation is particularly demanding, or by attributing something specific to his trade, business, profession, or office that naturally tends to reduce its profits.

Accuses him of being impotent or lacking in chastity.

Or which, as a result, actually causes harm.

  1. Disparagement: While not one of the three primary categories of defamation, disparagement is a form of it. It is described as a comment that damages someone else’s reputation. This kind of slander may be expressed verbally or in writing. Additionally, it might be published or not. In contrast to libel and slander, disparagement does not necessitate the truthfulness of the statement.

California’s defamation lawsuit defenses

In California, there are a number of defenses available in a defamation case. Truth, beliefs, and privilege are the most frequently used defenses.

Truth: The defendant can win a defamation claim if they can demonstrate that the assertion is accurate.

Opinion: If a remark is not supported by facts, opinion might be used as a defense against defamation. The defendant must demonstrate that the statement was their sincere view and not supported by any facts in order for this defense to be successful.

Privilege: In a defamation action, a variety of privileges may be invoked as a defense. Fair report privilege, limited privilege, and absolute privilege are a few of these.

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