US state guide
This guide is general information about the law in Delaware, 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 Delaware.
01Defamation law in Delaware
Where the law comes from
Delaware defamation law comes mainly from court decisions (common law) rather than a single defamation statute. The Delaware Supreme Court requires a plaintiff to show that the defendant made a defamatory statement, that it was about the plaintiff, that it was published, and that a third party would understand it as defamatory.
Sources1McMahon v. McMahon, No. 218, 2024 (Del. Mar. 24, 2025)2Page v. Oath Inc., 270 A.3d 833 (Del. 2022)
Is defamation a crime?
The specific offenses in the Delaware Criminal Code (Title 11, chapter 5) do not include criminal libel or defamation, so a false statement about someone is handled as a civil claim. Related conduct, such as harassment, stalking or sharing intimate images without consent, can still be a crime under separate sections.
Sources311 Del. C. ch. 5 (Specific Offenses)411 Del. C. ch. 5, subch. VII (Offenses Against Public Health, Order and Decency)
Statute of limitations
Delaware's 2-year deadline for personal injury claims in 10 Del. C. § 8119 is applied to defamation claims. A federal court applying Delaware law, citing Delaware Superior Court authority, described Delaware's limitations period for defamation as 2 years.
Sources510 Del. C. § 81196Triestman v. Slate Group, LLC, C.A. No. 19-890 (D. Del. Mar. 25, 2020)
Defamation per se
Written defamation (libel) that is defamatory on its face can be sued on without proving specific financial loss (special damages). Spoken defamation (slander) generally requires that proof, except for four slander per se categories: statements that malign someone in their trade, business or profession, accuse them of a crime, imply they have a loathsome disease, or impute unchastity to a woman.
Anti-SLAPP protection
Delaware's Uniform Public Expression Protection Act (10 Del. C. ch. 60) covers claims based on statements in government proceedings and on speech, press, assembly, petition or association on matters of public concern, with some exceptions. A defendant can file a special motion within 60 days of being served (or later for good cause), which pauses most of the case, and the court must award costs, reasonable attorneys' fees and expenses to a defendant who wins the motion. It applies to claims filed or asserted on or after September 15, 2025; the earlier law in 10 Del. C. §§ 8136-8138 was repealed as of that date.
Sources710 Del. C. §§ 6001-6014 (Uniform Public Expression Protection Act)510 Del. C. §§ 8136-8138 (repealed by 85 Del. Laws, c. 217, effective Sept. 15, 2025)
Defenses and public figures
Truth, including substantial truth (where the gist of the statement is accurate), defeats a defamation claim, and public figures must prove the statement was false and made with actual malice, meaning knowledge of falsity or reckless disregard for the truth. Statements on matters of public concern must be provably false to be actionable, so pure opinion that does not state or imply false facts is protected. A Delaware statute also bars liability for statements about sexual assault, harassment or discrimination made without malice by people with a reasonable basis to complain or by witnesses.
Sources2Page v. Oath Inc., 270 A.3d 833 (Del. 2022)8Cousins v. Goodier, No. 272, 2021 (Del. Aug. 16, 2022)510 Del. C. § 8146
02Online harassment, cyberstalking and doxxing in Delaware
Cyberstalking
Stalking under 11 Del. C. § 1312 means knowingly engaging in a course of conduct aimed at a specific person that would make a reasonable person fear physical injury or suffer significant mental anguish or distress. A course of conduct is three or more incidents carried out by any method or device, including monitoring someone or communicating to or about them, so online conduct can qualify. It is a felony, with higher grades for factors such as serious threats or violating a no-contact order.
Source411 Del. C. § 1312
Online harassment
Under 11 Del. C. § 1311, it is harassment to communicate with someone by any written or electronic means, with intent to harass, annoy or alarm, in a way the sender knows is likely to cause annoyance or alarm. Harassment is a class A misdemeanor.
Source411 Del. C. § 1311
Doxxing
Chapter 5 of the Delaware Criminal Code has no offense specifically named for doxxing. Posting someone's personal details may still fall under harassment (§ 1311) or be part of a stalking course of conduct (§ 1312) when the elements are met, and pairing an intimate image with the person's identifying information, such as a home address, email or phone number, is an aggravating factor under § 1335(a)(9).
Intimate images shared without consent
11 Del. C. § 1335(a)(9) makes it a crime to share a nude or sexual image of a person when the sharer knows or should have known the person did not consent and the image was made or provided in circumstances where they expected privacy. The law expressly covers deepfakes. The basic offense is a misdemeanor, and it becomes a felony when aggravating factors apply, such as sharing for profit, intent to harass, or attaching the person's identifying information.
03Data protection and the right to have content removed
The Delaware Personal Data Privacy Act gives consumers the right to ask a covered business to delete personal data provided by or obtained about them, and the business generally must respond within 45 days. It applies only to businesses that meet thresholds based on how many consumers' data they handle, and it does not cover publicly available information such as lawfully available government records.
04How to remove defamatory content in Delaware
How to remove defamatory content in Delaware
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 Delaware
How long do you have to sue for defamation in Delaware?
Generally 2 years. Delaware applies its 2-year personal injury deadline in 10 Del. C. § 8119 to defamation claims. Timing questions can be fact-specific, so it is worth getting legal advice early.
Is defamation a crime in Delaware?
No. Delaware's Criminal Code does not include a criminal libel or defamation offense, so defamation is pursued as a civil claim. Related conduct, such as harassment or stalking, can be a crime.
Does Delaware have an anti-SLAPP law?
Yes. For claims filed on or after September 15, 2025, Delaware's Uniform Public Expression Protection Act lets people sued over protected speech, such as speech on matters of public concern, ask for early dismissal. A defendant who wins that motion is awarded costs and attorneys' fees.
What is slander per se in Delaware?
It is spoken defamation that can be sued on without proving financial loss because it maligns someone in their trade, business or profession, accuses them of a crime, implies they have a loathsome disease, or imputes unchastity to a woman.
Is sharing intimate images without consent illegal in Delaware?
Yes. 11 Del. C. § 1335(a)(9) makes it a crime to share nude or sexual images of someone without their consent when the image was made or shared in circumstances where they expected privacy, and the law also covers deepfakes.
06Defamation laws in nearby states
07Sources
- McMahon v. McMahon, No. 218, 2024 (Del. Mar. 24, 2025)
- Page v. Oath Inc., 270 A.3d 833 (Del. 2022)
- 11 Del. C. ch. 5 (Specific Offenses)
- 11 Del. C. ch. 5, subch. VII (Offenses Against Public Health, Order and Decency)
- 10 Del. C. § 8119
- Triestman v. Slate Group, LLC, C.A. No. 19-890 (D. Del. Mar. 25, 2020)
- 10 Del. C. §§ 6001-6014 (Uniform Public Expression Protection Act)
- Cousins v. Goodier, No. 272, 2021 (Del. Aug. 16, 2022)
- 6 Del. C. §§ 12D-102, 12D-103, 12D-104