US state guide
This guide is general information about the law in Louisiana, 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 Louisiana.
01Defamation law in Louisiana
Where the law comes from
Louisiana is a civil-law state, and defamation is treated as a delict under the general fault rule of Civil Code article 2315, although courts borrow common-law terms when applying it. The Louisiana Supreme Court requires four elements: a false and defamatory statement about the plaintiff, an unprivileged publication to a third party, fault of at least negligence, and resulting injury.
Sources1La. Civ. Code art. 23152Kennedy v. Sheriff of East Baton Rouge, 05-1418 (La. 7/10/06), 935 So. 2d 669
Is defamation a crime?
Louisiana once made defamation a crime under La. R.S. 14:47, but in Garrison v. Louisiana (1964) the U.S. Supreme Court held that the law could not be used to punish criticism of public officials unless the speaker knew the statements were false or acted with reckless disregard for the truth. The legislature repealed R.S. 14:47 through 14:49 in 2021 (Acts 2021, No. 60), so defamation is now handled only through civil lawsuits.
Sources3La. R.S. 14:47 (repealed by Acts 2021, No. 60, §1)4Garrison v. Louisiana, 379 U.S. 64 (1964)
Statute of limitations
Under Civil Code article 3493.1, in force since July 1, 2024, delictual actions, which include defamation, must be filed within two years from the day the injury or damage is sustained. Act 423 of 2024 applies only to claims arising after its July 1, 2024 effective date; claims that arose earlier remain subject to the former one-year period of repealed article 3492.
Sources5La. Civ. Code art. 3493.16La. Civ. Code art. 3492 (repealed by Acts 2024, No. 423, §2)7Acts 2024, No. 423 (HB 315), §§2-4
Defamation per se
Words that directly or by implication accuse someone of a crime, or that by their nature tend to harm a person's personal or professional reputation without needing outside context, are defamatory per se. Under Louisiana's traditional rules, falsity and fault are then presumed and injury may also be presumed, but the defendant can rebut those presumptions. The Louisiana Supreme Court has held that these presumptions give way when the statement involves a matter of public concern, in which case the plaintiff must prove falsity and fault.
Source2Kennedy v. Sheriff of East Baton Rouge, 05-1418 (La. 7/10/06), 935 So. 2d 669
Anti-SLAPP protection
Code of Civil Procedure article 971 lets a defendant file a special motion to strike a claim arising from petition or free-speech activity connected with a public issue, such as statements in official proceedings or in a public forum on a matter of public interest. The motion is granted unless the plaintiff shows a probability of winning; discovery is generally paused while it is pending, and the prevailing party on the motion is awarded reasonable attorney fees and costs.
Sources8La. Code Civ. Proc. art. 9719Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Louisiana
Defenses and public figures
Because falsity is an element of the claim, a true statement is not actionable, and the U.S. Supreme Court has held that truth cannot be punished when public affairs are discussed. Public officials and public figures must prove actual malice (knowledge of falsity or reckless disregard for the truth), while private plaintiffs must prove at least negligence, even on matters of public concern. A conditional privilege can protect good-faith statements made on a proper occasion to people with a corresponding interest, such as a report of suspected crime to police; in that setting the Louisiana Supreme Court held the privilege is abused only if the speaker knew the statement was false or acted with reckless disregard for the truth.
Sources2Kennedy v. Sheriff of East Baton Rouge, 05-1418 (La. 7/10/06), 935 So. 2d 6694Garrison v. Louisiana, 379 U.S. 64 (1964)
02Online harassment, cyberstalking and doxxing in Louisiana
Cyberstalking
La. R.S. 14:40.3 makes cyberstalking a crime, covering electronic messages that threaten bodily harm or property damage or seek to extort, repeated messages sent to threaten, terrify or harass, and knowingly false statements about a person's death, injury, illness, indecent conduct or criminal conduct made to threaten, terrify or harass. A first offense carries up to one year in jail and a fine of up to $2,000, with tougher penalties for repeat convictions; peaceful political expression is excluded.
Source10La. R.S. 14:40.3
Online harassment
La. R.S. 14:285 prohibits using a phone or any telecommunications device, including computers, to send obscene or threatening messages meant to coerce, intimidate or harass, or to send repeated messages likely to abuse, torment, harass or embarrass someone. Separately, La. R.S. 14:40.7 makes cyberbullying a crime when electronic communications are sent with malicious and willful intent to coerce, abuse, torment or intimidate a person under 18.
Intimate images shared without consent
La. R.S. 14:283.2 makes it a crime to intentionally disclose, including by posting online, an identifiable intimate or sexual image of another person that was obtained without authorization or under circumstances showing it was meant to stay private, when the discloser knew or should have known the person did not consent and that the disclosure could harass or distress them. The penalty is up to two years in prison, a fine of up to $10,000, or both, with exceptions for law enforcement, reports of crime and matters of public interest.
Source13La. R.S. 14:283.2
03How to remove defamatory content in Louisiana
How to remove defamatory content in Louisiana
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.
04Frequently asked questions about defamation in Louisiana
How long do you have to sue for defamation in Louisiana?
For defamation claims arising after July 1, 2024, Louisiana generally allows two years from the day the injury or damage is sustained. Claims that arose before that date are still governed by the former one-year deadline. Exact timing can depend on the facts, so a Louisiana lawyer can confirm the deadline for a specific case.
Is defamation a crime in Louisiana?
No. Louisiana repealed its criminal defamation statutes in 2021, so defamation is now a civil matter. Related online conduct, such as cyberstalking or sharing intimate images without consent, can still be a crime under separate statutes.
What do you have to prove to win a defamation case in Louisiana?
The plaintiff must show a false and defamatory statement about them, published without privilege to a third party, fault by the speaker (at least negligence), and resulting harm. Public officials and public figures must also prove actual malice.
What counts as defamation per se in Louisiana?
Statements that accuse someone of a crime, or that by their nature harm a person's personal or professional reputation, are defamatory per se. Traditionally, falsity and fault are then presumed, and injury may be presumed, unless the defendant rebuts them. When the statement involves a matter of public concern, those presumptions do not apply and the plaintiff must prove falsity and fault.
Does Louisiana have an anti-SLAPP law?
Yes. Under Code of Civil Procedure article 971, a defendant sued over speech or petition activity connected with a public issue can file a special motion to strike. The court grants it unless the plaintiff shows a probability of success on the claim, and the prevailing party on the motion is awarded reasonable attorney fees and costs.
05Defamation laws in nearby states
06Sources
- La. Civ. Code art. 2315
- Kennedy v. Sheriff of East Baton Rouge, 05-1418 (La. 7/10/06), 935 So. 2d 669
- La. R.S. 14:47 (repealed by Acts 2021, No. 60, §1)
- Garrison v. Louisiana, 379 U.S. 64 (1964)
- La. Civ. Code art. 3493.1
- La. Civ. Code art. 3492 (repealed by Acts 2024, No. 423, §2)
- Acts 2024, No. 423 (HB 315), §§2-4
- La. Code Civ. Proc. art. 971
- Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Louisiana
- La. R.S. 14:40.3
- La. R.S. 14:285
- La. R.S. 14:40.7
- La. R.S. 14:283.2