Defamation and Online Harassment Laws in Kansas

Defamation in Kansas is a common law tort shaped by the courts, and a single tort covers both libel (written) and slander (spoken). A plaintiff must prove false and defamatory words, communicated to a third person, that harmed the plaintiff's reputation.

Source1Marcus v. Swanson, No. 122,400 (Kan. Dec. 8, 2023), Syllabus ¶ 1 and opinion

Kansas has a criminal statute called criminal false communication. It covers telling anyone information you know is false that tends to expose a living person to public hatred, contempt or ridicule, or to degrade the memory of someone who has died, and it is a class A nonperson misdemeanor; truth is a defense. Federal courts rejected constitutional challenges to the earlier version of this law in 1995 and 2005, reading it to require actual malice (in 1995, for statements on matters of public concern).

Sources2K.S.A. 21-61033Reporters Committee for Freedom of the Press, report on Phelps v. Hamilton (10th Cir. 1995)4Reporters Committee for Freedom of the Press, report on How v. City of Baxter Springs and Thomas v. City of Baxter Springs (D. Kan. 2005)

A lawsuit for libel or slander must be brought within one year. Courts applying Kansas law have generally started the clock when the statement is published or spoken, not when the person learns of it, although one older federal decision involving a credit report started it at discovery.

Source5K.S.A. 60-514(a) and case annotations (Rinsley v. Brandt; Lee v. Reed; McKown v. Dun & Bradstreet)

Related guide: Statute of limitations for defamation in every state

Kansas has abolished defamation per se and presumed damages in all cases, which the Kansas Supreme Court acknowledged puts the state in the minority. Even a statement accusing someone of a crime or attacking their fitness for their profession requires evidence of actual harm to reputation, and without that harm no other damages can be recovered. The court confirmed this in 2023 in a case about negative online reviews of a surgeon.

Source1Marcus v. Swanson, No. 122,400 (Kan. Dec. 8, 2023), Syllabus ¶¶ 2-5 and opinion

Related guide: What defamation per se means

The Public Speech Protection Act, enacted in 2016, lets a person sued over speech, petitioning or association on a public issue file a motion to strike, normally within 60 days of service of the most recent complaint. If the defendant makes that initial showing, the plaintiff must present substantial competent evidence of a prima facie case; discovery is generally paused, a defendant who wins recovers attorney fees and costs, and a denial can be appealed right away. Some claims are excluded, such as many claims against businesses over statements made to sell their goods or services.

Sources6K.S.A. 60-53207Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Kansas

Related guide: Anti-SLAPP laws by state

Truth is an absolute defense, judged as of the time the statement was published. Kansas also recognizes qualified privileges, including one for good-faith news reporting based on official information, which a plaintiff must overcome with proof of fault such as actual malice. Under the First Amendment, public officials suing over statements about their official conduct must prove actual malice, meaning knowledge of falsity or reckless disregard for the truth.

Sources8Kemmerly v. The Wichita Eagle, No. 124,220 (Kan. App. May 6, 2022) (unpublished)1Marcus v. Swanson, No. 122,400 (Kan. Dec. 8, 2023), discussing New York Times v. Sullivan and Gertz v. Robert Welch

Kansas's stalking law covers a course of conduct of two or more acts aimed at a specific person that places them in fear for their own or their family's safety, and any act of communication, including electronic messages sent by computer, can be part of that conduct. A first offense is usually a class A person misdemeanor; repeat offenses, violations of a protective order and conduct aimed at a child under 14 are felonies.

Source9K.S.A. 21-5427

Related guide: Cyberstalking laws explained

Harassment by telecommunication device makes it a crime to use a phone or other electronic communication device to send comments, images or text with intent to abuse, threaten or harass the recipient, or to knowingly send obscene or indecent content. It is a class A nonperson misdemeanor.

Source10K.S.A. 21-6206

Related guide: Online harassment laws explained

Kansas makes it a crime to knowingly make a judge's or a judge's immediate family member's personal information available, such as a home address, personal phone number, personal email or photos, when sharing it poses an imminent and serious threat to their safety. This is a class A person misdemeanor, or a felony on a repeat conviction. For other people, doxxing may fall under the stalking or harassment laws when the conduct meets their elements.

Sources11K.S.A. 21-5905(a)(7), (b)(7), (d)9K.S.A. 21-542710K.S.A. 21-6206

Related guide: Is doxxing illegal?

Breach of privacy includes sharing a nude or sexual image of an identifiable adult who had a reasonable expectation of privacy, without consent and with intent to harass, threaten or intimidate them. It also covers images created or altered by artificial intelligence or other digital means to depict the person. This is a felony, and online services are not liable under this law for content that other people post.

Source12K.S.A. 21-6101(a)(8), (b)(2), (d)(2)