Defamation and Online Harassment Laws in Indiana

Indiana has no single statute that defines defamation. The claim comes from common law, and Title 34, Article 15 of the Indiana Code adds rules on pleading, the standard of proof, retractions by newspapers and broadcasters, and certain false charges. The Indiana Supreme Court requires a plaintiff to show a communication with a defamatory meaning, malice, publication and damages.

Sources1Kelley v. Tanoos, 865 N.E.2d 593 (Ind. 2007)2Ind. Code tit. 34, art. 15 (Causes of Action: Defamation, Libel, and Slander)

Defamation is handled as a civil lawsuit in Indiana, under the libel and slander rules in Title 34 of the Indiana Code. The criminal code's article on public order and communication offenses covers conduct such as intimidation, harassment and stalking, but not defamation itself. Note that threatening to expose someone to disgrace or to falsely harm their business reputation in order to pressure them can count as criminal intimidation.

Sources2Ind. Code tit. 34, art. 15 (Causes of Action: Defamation, Libel, and Slander)3Ind. Code tit. 35, art. 45 (Offenses Against Public Health, Order, and Decency)4Ind. Code § 35-45-2-1 (intimidation)

Ind. Code § 34-11-2-4 requires an action for injury to person or character to be filed within 2 years after the cause of action accrues. This 2-year limit is the one that applies to libel and slander claims in Indiana.

Sources5Ind. Code § 34-11-2-46Digital Media Law Project, Indiana Defamation Law

Related guide: Statute of limitations for defamation in every state

A statement is defamatory per se in Indiana if it suggests criminal conduct, a loathsome disease, misconduct in a person's trade, profession, office or occupation, or sexual misconduct. Damages are presumed for per se statements, while for all other defamatory statements (per quod) the plaintiff must prove special damages. A separate statute also lets certain false sexual accusations be sued on in the same way as slander charging a felony.

Sources1Kelley v. Tanoos, 865 N.E.2d 593 (Ind. 2007)7Ind. Code § 34-15-5-1

Related guide: What defamation per se means

Indiana's anti-SLAPP law (Ind. Code ch. 34-7-7) gives a defense to a person sued over an act in furtherance of free speech or petition rights in connection with a public issue, if the act was taken in good faith and with a reasonable basis in law and fact. The court treats the motion to dismiss like a summary judgment motion, must set a period of no more than 180 days to rule on it, and pauses discovery not related to the motion while it is pending. A defendant who wins the motion recovers reasonable attorney's fees and costs, and a plaintiff can recover them if the motion was frivolous or filed only to delay.

Sources8Ind. Code § 34-7-7-59Ind. Code § 34-7-7-610Ind. Code § 34-7-7-711Ind. Code § 34-7-7-912RCFP Anti-SLAPP Legal Guide: Indiana

Related guide: Anti-SLAPP laws by state

Before suing a newspaper or news service for libel, a person must serve written notice that identifies the false statements and gives the true facts: at least 4 days ahead for a news service, 6 days for a daily paper and 11 days for a weekly. If the article was published in good faith, the error came from a mistake of fact, and a full and fair retraction ran just as prominently within 3, 5 or 10 days (news service, daily or weekly) of learning of the mistake, the plaintiff can recover only actual damages. A similar rule limits damages against radio and TV stations that broadcast a comparable retraction within 10 days of learning of the mistake.

Sources13Ind. Code § 34-15-4-214Ind. Code § 34-15-4-315Ind. Code § 34-15-3-3

A defendant may offer proof that the statement is true, as well as circumstances that reduce damages, under Ind. Code § 34-15-1-2, and Indiana courts test substantial truth by asking whether any inaccuracy changed the effect on the audience. In Journal-Gazette Co. v. Bandido's, the Indiana Supreme Court held that both public figures and private individuals must prove actual malice, by clear and convincing evidence, when the statement involves a matter of public or general concern. A qualified privilege also protects good-faith communications between people who share a legitimate interest or duty in the subject, though it can be lost if abused.

Sources16Ind. Code § 34-15-1-217Journal-Gazette Co. v. Bandido's, Inc., 712 N.E.2d 446 (Ind. 1999)1Kelley v. Tanoos, 865 N.E.2d 593 (Ind. 2007)

Under Ind. Code ch. 35-45-10, stalking is a knowing or intentional course of repeated or continuing harassment that would make a reasonable person feel terrorized, frightened, intimidated or threatened, and that actually has that effect. The prohibited contact expressly includes communicating with the victim and posting on social media when the post is directed at or refers to the victim, directly or indirectly. Stalking is a Level 6 felony, rising to a Level 5 felony with factors such as threats, violating a protective order or using a tracking device.

Sources18Ind. Code § 35-45-10-119Ind. Code § 35-45-10-320Ind. Code § 35-45-10-5

Related guide: Cyberstalking laws explained

Under Ind. Code § 35-45-2-2, it is harassment to use a computer network or other electronic communication to contact a person, or to send them obscene, indecent or profane messages, with intent to harass, annoy or alarm and no intent of legitimate communication. Harassment is a Class B misdemeanor.

Source21Ind. Code § 35-45-2-2

Related guide: Online harassment laws explained

Senate Enrolled Act 140, signed by the Governor on March 12, 2026 as Public Law 146-2026, expands the definition of a threat in Indiana's intimidation statute to include posting a person's personal information on a social media platform with intent to cause bodily injury, property damage or a crime against that person. Intimidation is a Class A misdemeanor and can be a felony in aggravated cases.

Sources22Indiana General Assembly, Senate Bill 140 (2026), Public Law 1464Ind. Code § 35-45-2-1 (intimidation)

Related guide: Is doxxing illegal?

Ind. Code § 35-45-4-8 makes it a crime to distribute an intimate image of a person when the sender knows or reasonably should know the person does not consent, and distribution includes posting the image on a website or app. The law also covers images the defendant created or altered with software or artificial intelligence that appear to show the victim. It is a Class A misdemeanor, or a Level 6 felony for someone with a prior conviction under the same law.

Source23Ind. Code § 35-45-4-8