Defamation and Online Harassment Laws in Nevada

Defamation in Nevada is governed by common law developed by the Nevada Supreme Court, within First Amendment limits. A plaintiff must show a false and defamatory statement of fact about them, an unprivileged publication to a third person, fault amounting to at least negligence, and actual or presumed damages. Statutes in Chapter 41 of the Nevada Revised Statutes add rules on damages, corrections and the anti-SLAPP motion.

Sources1Pope v. Motel 6, 121 Nev. 307, 315 (2005)2Pegasus v. Reno Newspapers, Inc., 118 Nev. 706, 718 (2002)3NRS 41.331 to 41.338 (damages and correction in libel and slander actions)

Nevada's criminal code still defines libel as a malicious defamation in writing, print, pictures or similar form and makes it a gross misdemeanor, with an acquittal if the jury finds the statement true and published for good motives and justifiable ends. Related sections make it a misdemeanor to pass libelous statements to the press for publication and a gross misdemeanor to threaten to publish a libel or to offer to suppress one in exchange for money. These criminal provisions sit alongside the separate civil lawsuit for damages.

Sources4NRS 200.510 (libel: definition and penalty)5NRS 200.550 (furnishing libelous information)6NRS 200.560 (threatening to publish libel)

A civil lawsuit for libel or slander in Nevada must be started within two years. The same two-year period applies to both written and spoken defamation.

Source7NRS 11.190(4)(c)

Related guide: Statute of limitations for defamation in every state

Nevada treats four kinds of false statements as defamatory per se: those that accuse someone of a crime, claim they have a loathsome disease, attack their fitness for their trade, business or profession, or impute serious sexual misconduct. For these, damages are presumed and the plaintiff does not need to prove specific financial loss, while ordinary slander requires proof of special damages. Words and conduct together, such as publicly treating someone as a shoplifter, can amount to slander per se.

Sources8K-Mart Corp. v. Washington, 109 Nev. 1180, 1192-1195 (1993)1Pope v. Motel 6, 121 Nev. 307, 315 (2005)

Related guide: What defamation per se means

Nevada gives immunity from civil claims based on good-faith communications about issues of public concern, such as statements to government bodies or statements in a public forum, as long as they are true or made without knowing they are false. A defendant can file a special motion to dismiss within 60 days of service, discovery is generally paused, and the plaintiff must then show prima facie evidence that they are likely to win. A winning defendant is awarded attorney fees and costs, may receive up to $10,000 more, and can bring a separate suit for damages; a denial can be appealed right away.

Sources9NRS 41.637 and 41.65010NRS 41.660 (special motion to dismiss)11NRS 41.670 (fees, damages and appeal)12Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Nevada

Related guide: Anti-SLAPP laws by state

For libel in a newspaper or slander in a radio or TV broadcast, a plaintiff can recover only special damages (proven financial losses) unless they serve a written demand for correction within 90 days of learning of the statement and the outlet does not correct it. If no correction runs within 20 days in a substantially equally conspicuous way, the plaintiff may seek general and special damages, and exemplary damages if they prove the statement was made with actual malice, which this statute defines as hatred or ill will. A correction published before any demand has the same effect.

Sources13NRS 41.336 (notice and demand for correction)14NRS 41.332 to 41.335 (definitions)15NRS 41.337 and 41.338

Truth and substantial truth defeat a claim, and statements of opinion or rhetorical hyperbole are not actionable unless they imply false facts; courts ask how a reasonable person would understand the statement in context. Public officials and public figures, including limited-purpose public figures, must prove actual malice (knowledge of falsity or reckless disregard for the truth) by clear and convincing evidence. Statements in judicial proceedings are absolutely privileged, while some other statements, such as reports to police before charges are filed, carry a qualified privilege that is lost only if made with actual malice.

Sources2Pegasus v. Reno Newspapers, Inc., 118 Nev. 706, 714-722 (2002)1Pope v. Motel 6, 121 Nev. 307, 315-318 (2005)

Stalking is a willful or malicious course of conduct, carried out in person or by electronic means such as websites, social media, email or text messages, that would make a reasonable person feel terrorized, frightened, intimidated, harassed or fearful for their safety, and that actually does so. A basic first offense is a misdemeanor, but stalking by electronic means to publish, display or distribute information in a way that substantially increases the risk of harm or violence to the victim is a category C felony.

Source16NRS 200.575 (stalking), subsections 1, 4 and definitions

Related guide: Cyberstalking laws explained

Nevada's harassment law makes it a crime to knowingly threaten someone with bodily injury, property damage, confinement or substantial harm to their health or safety when words or conduct put the person in reasonable fear the threat will be carried out; it is a misdemeanor for a first offense and a gross misdemeanor after that. A separate law addresses minors who electronically share images of bullying against another minor to encourage it and cause harm.

Sources17NRS 200.571 (harassment)18NRS 200.900 (bullying by electronic communication device)

Related guide: Online harassment laws explained

Since 2021, a person can sue someone who shares their personal identifying information, or sensitive information such as their sexual orientation, transgender status or HIV status, without consent and with intent to promote a crime likely to cause death, bodily injury or stalking, or to cause harm, where the sharing would make a reasonable person fear those outcomes or actually causes them. Courts can award damages, attorney fees and costs and can issue orders to stop further disclosure, with exceptions such as reporting unlawful conduct and protected speech on public issues. Using electronic means to publish information that substantially raises the risk of harm to a victim can also be charged as felony stalking.

Sources19NRS 41.1347 (civil action for dissemination of personal identifying or sensitive information)16NRS 200.575(4)

Related guide: Is doxxing illegal?

Electronically sharing or selling an intimate image of an adult without consent, with intent to harass, harm or terrorize, is a category D felony; the law also covers realistic images made to look like a real person. Demanding money or anything of value to remove an intimate image from public view is a separate category D felony. Exceptions include legitimate public interest, reporting unlawful conduct and legal proceedings, and online platforms are not liable for content posted by others.

Sources20NRS 200.780 (unlawful dissemination of intimate image)21NRS 200.785 (demands in exchange for removal)22NRS 200.790 (interactive computer services)