US state guide
This guide is general information about the law in California, checked against the sources listed below on November 1, 2026. It is not legal advice. Laws change and every case is different: for advice on your situation, speak to a licensed attorney in California.
01Defamation law in California
Where the law comes from
California's defamation rules are written into its Civil Code. Section 44 says defamation happens through either libel or slander. Section 45 defines libel as a false and unprivileged publication in writing, pictures or another fixed form that harms a person's reputation or occupation, and Section 46 defines slander as a false and unprivileged statement made orally, by radio or by other means that falls into one of the categories the section lists.
Sources1Cal. Civ. Code § 442Cal. Civ. Code § 453Cal. Civ. Code § 46
Is defamation a crime?
In 1976 a California appeals court upheld a ruling that the state's criminal libel statutes (then Penal Code sections 248 to 257) were unconstitutional, finding they could not be fixed without a wholesale rewrite. Section 248 of the current Penal Code now deals with an unrelated offense, and defamation claims in California are pursued through civil lawsuits.
Sources4Eberle v. Municipal Court, 55 Cal. App. 3d 423 (1976)5Cal. Penal Code § 248 (current text)
Statute of limitations
Code of Civil Procedure section 340(c) gives one year to file an action for libel or slander. Under California's single publication rule, a person has only one cause of action for damages for any single publication, such as one issue of a newspaper or one broadcast.
Sources6Cal. Civ. Proc. Code § 340(c)7Cal. Civ. Code § 3425.3
Defamation per se
Under Civil Code section 45a, a written statement that is defamatory without any outside facts to explain it is a libel on its face; other written statements are actionable only if the plaintiff proves special damages, meaning specific financial loss. For spoken statements, section 46 lists four kinds of slander: falsely charging someone with a crime, claiming they have an infectious, contagious or loathsome disease, injuring them in their office, profession, trade or business, or imputing impotence or a want of chastity. Any other false spoken statement is slander only if it causes actual damage.
Anti-SLAPP protection
Code of Civil Procedure section 425.16 lets a defendant file a special motion to strike a claim arising from their exercise of free speech or petition rights in connection with a public issue; the claim is struck unless the plaintiff shows a probability of winning. With limited exceptions, a defendant who wins the motion is entitled to attorney's fees and costs, and the motion may be filed within 60 days of service of the complaint or later if the court allows.
Retraction and correction
Under Civil Code section 48a, a person suing over a libel in a daily or weekly news publication (print or electronic) or a slander by radio broadcast can recover only special damages unless they serve a written correction demand within 20 days of learning of the statement. If the correction is not published or broadcast as conspicuously as the original within three weeks, the plaintiff may seek general and special damages, and punitive damages only with proof of actual malice, which this section defines as hatred or ill will toward the plaintiff.
Source10Cal. Civ. Code § 48a
Defenses and public figures
Because libel and slander are defined as false statements, a true statement is not defamatory, and the U.S. Supreme Court has held that statements that cannot reasonably be read as stating actual facts about a person are protected. Civil Code section 47 makes certain statements privileged, including those made in legislative, judicial or other official proceedings, fair and true reports of those proceedings, and some communications made without malice to an interested person. Public officials and public figures must prove actual malice, meaning the speaker knew the statement was false or acted with reckless disregard for whether it was false.
Sources2Cal. Civ. Code § 4511Cal. Civ. Code § 4712Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)13New York Times Co. v. Sullivan, 376 U.S. 254 (1964)14Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)
02Online harassment, cyberstalking and doxxing in California
Cyberstalking
Penal Code section 646.9 makes it a crime to willfully and maliciously harass or repeatedly follow someone while making a credible threat intended to place them in reasonable fear for their safety or their family's safety. The statute's definition of a credible threat expressly includes threats made through an electronic communication device, such as a phone or computer.
Online harassment
Penal Code section 653m makes it a misdemeanor to contact someone through an electronic communication device with intent to annoy while using obscene language or threatening injury, or to make repeated electronic contact with intent to annoy or harass. Separately, Code of Civil Procedure section 527.6 lets a person who has suffered harassment, which can include a pattern of harassing correspondence such as email, ask a court for a civil restraining order.
Sources16Cal. Penal Code § 653m17Cal. Civ. Proc. Code § 527.6
Doxxing
Penal Code section 653.2 makes it a misdemeanor to electronically post or distribute someone's personal identifying information without consent, with intent to place them in reasonable fear for their safety and for the purpose of imminently causing harassment, injury or unwanted physical contact by others. Since January 1, 2025, Civil Code section 1708.89 also lets a person who has been doxed in that way sue for damages, including statutory damages of $1,500 to $30,000, punitive damages, and attorney's fees and costs.
Intimate images shared without consent
Penal Code section 647(j)(4) makes it a misdemeanor to intentionally distribute intimate images of an identifiable person when the distributor knows or should know it will cause serious emotional distress and the person suffers that distress; it also covers realistic computer-generated or digital images created and distributed under similar conditions. Civil Code section 1708.85 lets a person sue someone who intentionally distributes private intimate material without consent, and the court may order the defendant to stop distributing it and allow the plaintiff to proceed under a pseudonym.
Sources20Cal. Penal Code § 647(j)(4)21Cal. Civ. Code § 1708.85
03Data protection and the right to have content removed
The California Consumer Privacy Act gives consumers the right to ask a business to delete personal information it collected from them, subject to exceptions that include the exercise of free speech. Civil Code section 1798.99.86 required the California Privacy Protection Agency to set up a single accessible deletion mechanism, and beginning August 1, 2026, data brokers must access it at least once every 45 days and process the deletion requests it contains.
Sources22Cal. Civ. Code § 1798.10523Cal. Civ. Code § 1798.99.86
04How to remove defamatory content in California
How to remove defamatory content in California
A lawsuit is one route, but it is slow, costly and public. Much harmful content can come down sooner through the platform’s own reporting process, a legal notice to the site owner or host, or a removal request to search engines. The right route depends on where the content lives and on the law that applies to it.
Media Removal reviews each case and recommends the fastest route that fits it. Removal always depends on each platform and, where relevant, the courts.
05Frequently asked questions about defamation in California
How long do you have to sue for defamation in California?
Generally one year. Code of Civil Procedure section 340(c) sets a one-year deadline for libel and slander actions. A lawyer can confirm how the deadline applies to a specific situation.
Is defamation a crime in California?
Generally no. In 1976 a California appeals court upheld a ruling that the state's criminal libel statutes were unconstitutional, and defamation disputes are now pursued through civil lawsuits rather than criminal charges.
What is California's anti-SLAPP law?
It is Code of Civil Procedure section 425.16. It lets someone sued over speech or petitioning on a public issue file a special motion to strike, and the claim is struck unless the plaintiff shows a probability of winning. With limited exceptions, a defendant who wins the motion can recover attorney's fees and costs.
Is doxxing illegal in California?
It can be. Posting someone's personal information online with intent to make them fear for their safety and to prompt others to harass or harm them can be a misdemeanor under Penal Code section 653.2, and since 2025 people doxed in that way can also sue under Civil Code section 1708.89.
Do I have to ask for a retraction before suing for defamation in California?
Only in some cases. For a libel in a daily or weekly news publication or a slander by radio broadcast, Civil Code section 48a limits you to special damages unless you serve a written correction demand within 20 days of learning about the statement.
06Defamation laws in nearby states
07Sources
- Cal. Civ. Code § 44
- Cal. Civ. Code § 45
- Cal. Civ. Code § 46
- Eberle v. Municipal Court, 55 Cal. App. 3d 423 (1976)
- Cal. Penal Code § 248 (current text)
- Cal. Civ. Proc. Code § 340(c)
- Cal. Civ. Code § 3425.3
- Cal. Civ. Code § 45a
- Cal. Civ. Proc. Code § 425.16
- Cal. Civ. Code § 48a
- Cal. Civ. Code § 47
- Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)
- New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
- Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)
- Cal. Penal Code § 646.9
- Cal. Penal Code § 653m
- Cal. Civ. Proc. Code § 527.6
- Cal. Penal Code § 653.2
- Cal. Civ. Code § 1708.89
- Cal. Penal Code § 647(j)(4)
- Cal. Civ. Code § 1708.85
- Cal. Civ. Code § 1798.105
- Cal. Civ. Code § 1798.99.86