Defamation and Online Harassment Laws in Oregon

Oregon defamation law comes mainly from court decisions rather than a single statute. A statement can be defamatory if it tends to diminish the esteem, respect, goodwill or confidence in which a person is held. The judge decides whether a statement is capable of a defamatory meaning, and if so, the jury decides whether it actually had that meaning.

Source1Lowell v. Wright, 369 Or 806 (2022)

Oregon's criminal statutes on offenses against persons and against public order (ORS chapters 163 and 166) do not include a criminal libel or defamation offense, so harm to reputation from false statements is usually pursued through a civil lawsuit. Related conduct, such as threats, stalking or sharing intimate images without consent, can still be prosecuted under separate criminal laws.

Sources2Or. Rev. Stat. chapter 163 (Offenses Against Persons)3Or. Rev. Stat. chapter 166 (Offenses Against Public Order)4Or. Rev. Stat. § 12.120(2)

A lawsuit for libel or slander must be started within one year. The Oregon State Bar's Oregon Law Help site explains that the year usually runs from the date of the communication, and a case filed after that period is generally barred.

Sources4Or. Rev. Stat. § 12.120(2)5Oregon State Bar, Oregon Law Help: Defamation, Libel, and Slander

Related guide: Statute of limitations for defamation in every state

False statements that a person engaged in misconduct or dishonesty in running their business are actionable per se. For a libel per se claim, the plaintiff must show a defamatory statement about them that was published to a third party, but does not have to prove that it caused financial loss or other special harm.

Source1Lowell v. Wright, 369 Or 806 (2022)

Related guide: What defamation per se means

A defendant sued over statements in government proceedings, statements on issues of public interest or other free speech or petition activity can file a special motion to strike, generally within 60 days after being served. Discovery is paused while the motion is pending, the court grants it unless the plaintiff presents substantial evidence showing a probability of winning, and a defendant who wins is awarded reasonable attorney fees and costs. Since a 2025 amendment, good-faith statements about a sexual assault are also covered; the motion is not available for claims against a business over communications about selling its own goods or services.

Sources6Or. Rev. Stat. §§ 31.150, 31.152, 31.1557Or. Rev. Stat. § 30.8388Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Oregon

Related guide: Anti-SLAPP laws by state

For defamation in a printed or electronic newspaper, magazine or other periodical, or on radio, television or in motion pictures, a plaintiff can recover general damages only if a correction or retraction was demanded and not published, or if the plaintiff proves the defendant actually intended to defame them. The signed written demand must be delivered within 20 days after the person learns of the statement, and the publisher has up to two weeks to investigate before publishing a correction as conspicuously as the original; for electronic publications, this means placing a link to the correction on the pages that carried the statement.

Sources6Or. Rev. Stat. §§ 31.205, 31.210, 31.215, 31.220, 31.2255Oregon State Bar, Oregon Law Help: Defamation, Libel, and Slander

Truth is a complete defense, and some statements are privileged, such as those made in judicial or legislative proceedings. Statements on matters of public concern that cannot reasonably be read as stating facts are protected under the First Amendment. Under long-standing Oregon precedent, a private plaintiff must prove actual malice to obtain presumed damages only when the defendant is a member of the media.

Sources5Oregon State Bar, Oregon Law Help: Defamation, Libel, and Slander1Lowell v. Wright, 369 Or 806 (2022)

Stalking is a crime when a person knowingly alarms or coerces someone through repeated, unwanted contact that causes reasonable fear for their safety, and contact expressly includes electronic communications and using electronic means to monitor someone's location or activities without consent. It is a Class A misdemeanor, or a Class C felony in certain aggravated cases. A victim can also go to civil court for a stalking protective order and damages.

Sources2Or. Rev. Stat. §§ 163.730, 163.7327Or. Rev. Stat. § 30.866

Related guide: Cyberstalking laws explained

Harassment includes intentionally alarming someone with a telephonic, electronic or written threat to seriously injure them or to commit a felony against them, their property or their family, when the threat would reasonably cause alarm. It is generally a Class B misdemeanor, with higher penalties in some repeat or protective-order cases. Separately, telephonic harassment covers sending texts, voicemails or other messages to a phone after being told not to by the person in charge of that phone.

Sources3Or. Rev. Stat. § 166.0653Or. Rev. Stat. § 166.090

Related guide: Online harassment laws explained

Oregon gives a civil claim for improper disclosure of private information, such as a home address, personal email, phone number, employer contact details or photos of a person's children, when it is shared with intent to stalk, harass or injure and causes that harm. A successful plaintiff can recover damages, punitive damages, an injunction and attorney fees, and the suit must be filed within two years. Causing a third person to harass someone by disclosing their personal information can also count as contact for stalking purposes.

Sources7Or. Rev. Stat. § 30.8352Or. Rev. Stat. § 163.730(3)(p)

Related guide: Is doxxing illegal?

Knowingly sharing an intimate image of someone without consent, with intent to harass, humiliate or injure them, is a Class A misdemeanor, or a Class C felony for a repeat offense, and the law covers reasonably realistic digitally created or altered images. The person depicted can also sue for an injunction and the greater of their proven damages or $5,000 in statutory damages, plus punitive damages, and the court may award attorney fees.

Sources2Or. Rev. Stat. § 163.4727Or. Rev. Stat. § 30.833