Defamation and Online Harassment Laws in Rhode Island

Defamation in Rhode Island is a common law claim. The Rhode Island Supreme Court requires a plaintiff to prove a false and defamatory statement about them, an unprivileged publication to a third party, fault amounting at least to negligence, and damages, unless the statement is actionable without proof of special harm. Whether a statement is defamatory is a question of law for the court, judged by its context and the ordinary meaning of the words.

Sources1Burke v. Gregg, No. 2011-148-Appeal (R.I. July 5, 2012)2Alves v. Hometown Newspapers, Inc., No. 2003-181-Appeal (R.I. Aug. 4, 2004)

Rhode Island's criminal code once had a chapter on defamation (R.I. Gen. Laws §§ 11-53-1 to 11-53-3), but it has been repealed. Defamation is now pursued as a civil claim, although some harmful online conduct can still be a crime under the cyberstalking, impersonation and image-sharing laws.

Sources3R.I. Gen. Laws ch. 11-53, Defamation [Repealed]4R.I. Gen. Laws § 11-52-4.2

A slander claim (spoken words) must be filed within one year after the words were spoken. The Rhode Island Supreme Court treats libel (written defamation) as an injury to the person, so a libel claim must be filed within three years after it accrues.

Sources5R.I. Gen. Laws § 9-1-146Sola v. Leighton, No. 2011-186-Appeal (R.I. June 13, 2012)

Related guide: Statute of limitations for defamation in every state

Rhode Island recognizes that some statements are actionable without proof of special harm. For those statements, the plaintiff does not have to prove a specific economic loss to satisfy the damages element.

Source1Burke v. Gregg, No. 2011-148-Appeal (R.I. July 5, 2012)

Related guide: What defamation per se means

Under R.I. Gen. Laws § 9-33-2, statements made to a government body, about an issue before one, or about an issue of public concern are conditionally immune from civil claims. To overcome the immunity, the plaintiff must show the speech was a sham, meaning both objectively and subjectively baseless. Filing a motion based on the immunity generally pauses discovery, although the court may allow specific discovery for good cause. If the defendant wins the motion or prevails at trial, the court must award costs and reasonable attorney's fees, and it may also award damages if the claim was shown to be frivolous or meant to harass.

Sources7R.I. Gen. Laws § 9-33-22Alves v. Hometown Newspapers, Inc., No. 2003-181-Appeal (R.I. Aug. 4, 2004)

Related guide: Anti-SLAPP laws by state

By statute, a defendant may prove truth as a defense after filing written notice, although the text withholds that defense when the statement was made from malicious motives; in suits against media defendants over speech of public concern, a private plaintiff must also prove the statement false. An opinion is actionable only if it implies undisclosed defamatory facts, so an opinion based on disclosed or publicly known facts is protected. Public officials suing over their official conduct must prove actual malice (knowing falsity or reckless disregard for the truth) by clear and convincing evidence, and Rhode Island courts have treated police officers as public officials.

Sources8R.I. Gen. Laws § 9-6-99Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986)2Alves v. Hometown Newspapers, Inc., No. 2003-181-Appeal (R.I. Aug. 4, 2004)10Henry v. Media General Operations, Inc., No. 2018-169-Appeal (R.I. July 8, 2021)

R.I. Gen. Laws § 11-52-4.2 makes it a crime to send communications by computer or another electronic device, or to cause someone to be contacted, solely to harass that person or their family. Harassing means a knowing and willful course of conduct with no legitimate purpose that would cause a reasonable person substantial emotional distress or fear of bodily injury. A first offense is a misdemeanor (up to one year and a $500 fine), and a repeat offense is a felony (up to two years and a $6,000 fine). Stalking in general (§ 11-59-2) is a felony punishable by up to five years.

Sources4R.I. Gen. Laws § 11-52-4.211R.I. Gen. Laws § 11-59-212R.I. Gen. Laws § 11-59-1

Related guide: Cyberstalking laws explained

Online impersonation (§ 11-52-7.1) is a crime: it covers using another person's name or persona to create a web page, post on a social networking site, or send emails or texts without consent and with intent to harm, defraud, intimidate or threaten. A first offense is a misdemeanor (up to one year and a $1,000 fine), and a repeat offense is a felony (up to three years and a $3,000 fine), with restitution possible.

Source13R.I. Gen. Laws § 11-52-7.1

Related guide: Online harassment laws explained

R.I. Gen. Laws § 11-64-3 makes it a crime to intentionally share an intimate or sexually explicit image of an identifiable adult without consent, when the image was meant to stay private, and the person knows of or recklessly ignores the likely harm or intends to harass, intimidate, threaten or coerce. Since a 2025 amendment, the law expressly covers images created by a digital device or altered by digitization. A first offense is a misdemeanor and a repeat offense is a felony. Threatening to share such an image to get something in return, or demanding payment to remove it from public view, is a felony punishable by up to five years.

Source14R.I. Gen. Laws § 11-64-3