Over 300 companies trust Media Removal. Get a Quote Now >

US state guide

Defamation and Online Harassment Laws in South Dakota

In South Dakota, defamation is a civil wrong that the state's statutes divide into libel (false written or other fixed statements) and slander (other false statements), and a lawsuit for either generally must be filed within two years. The criminal code chapter on libel was repealed in 1976, a short written notice is required before suing a newspaper for libel, and a 2026 anti-SLAPP law lets people sued over speech on matters of public concern ask for early dismissal. Stalking, harassing electronic messages and sharing intimate or digitally faked sexual images without consent can be crimes.

Reviewed byIsabella Custódio Mesquita
Verified November 1, 2026
21 official sources

Time limit to sue (libel): 2 years
Time limit to sue (slander): 2 years
Criminal defamation: Civil matter
Anti-SLAPP protection: Yes

This guide is general information about the law in South Dakota, 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 South Dakota.

01Defamation law in South Dakota

Where the law comes from

South Dakota's civil code says every person must refrain from violating others' right not to be defamed, and it divides defamation into libel and slander. Libel is a false, unprivileged publication in writing, print, pictures or another fixed visual form that exposes a person to hatred, contempt, ridicule or obloquy, causes them to be shunned, or tends to harm them in their occupation. Slander is any other false, unprivileged publication that falls into listed categories or causes actual damage.

Sources1S.D. Codified Laws § 20-11-1 2S.D. Codified Laws § 20-11-2 3S.D. Codified Laws § 20-11-3 4S.D. Codified Laws § 20-11-4

Is defamation a crime?

South Dakota's criminal code chapter on libel and false publications was repealed in 1976, so defamation is handled through civil lawsuits. Related conduct, such as stalking or threatening messages, can still be prosecuted under other criminal laws.

Source5S.D. Codified Laws ch. 22-28 (Libel and False Publications), repealed by SL 1976, ch 158, § 28-1

Statute of limitations

Unless another statute sets a different deadline, a lawsuit for libel or slander must be filed within two years after the claim arises.

Source6S.D. Codified Laws § 15-2-15(1)

Defamation per se

South Dakota's slander statute names specific kinds of false spoken statements: accusing someone of a crime or of having been indicted, convicted or punished for one, saying they currently have an infectious, contagious or loathsome disease, statements that directly harm them in their office, profession, trade or business, and imputing impotence or lack of chastity. Any other false spoken statement counts as slander only if it naturally causes actual damage.

Source4S.D. Codified Laws § 20-11-4

Anti-SLAPP protection

South Dakota's anti-SLAPP law, Senate Bill 137, was signed in March 2026, took effect July 1, 2026, and is based on the Uniform Public Expression Protection Act. It covers claims based on statements in government proceedings, statements on issues under government review, and the exercise of speech, press, assembly, petition or association rights on a matter of public concern, with exceptions such as some claims against businesses over communications about their own goods or services. A party can file a special motion to dismiss within 60 days of being served (or later for good cause), most other proceedings between the parties pause while it is decided, a denial can be appealed right away, and a party who wins the motion is awarded costs, reasonable attorney fees and litigation expenses; a plaintiff can recover those if the court finds the motion frivolous or filed only to delay.

Sources7South Dakota Senate Bill 137 (2026), enrolled text and action history 8Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: South Dakota

Retraction and correction

Before suing a newspaper or its publisher, editor or manager for libel, the person must serve a notice at least three days before filing that specifically identifies the statements claimed to be false and defamatory. If the newspaper published in good faith, believing on reasonable grounds that the statement was true, and then ran a full and fair retraction in the next issue (or, for a daily paper, within three days after being told of the mistake) in type as prominent as and in the same position as the original, the plaintiff cannot recover punitive damages. If the statement concerns a candidate for office, the retraction must also run editorially before the election within set time limits.

Source9S.D. Codified Laws § 20-11-7

Defenses and public figures

The South Dakota Constitution makes truth a sufficient defense in libel cases when the statement was published with good motives and for justifiable ends, and the statutes define libel and slander as false statements. Statements made in official duties, in legislative, judicial or other official proceedings, in communications made without malice between people with a shared interest, and in fair and true reports of public proceedings made without malice are privileged, and broadcasters are not liable for defamatory statements by outside speakers unless they failed to use due care. Under U.S. Supreme Court rulings, public officials and public figures must prove actual malice, meaning the speaker knew the statement was false or acted with reckless disregard for whether it was true.

Sources10S.D. Const. art. VI, § 5 11S.D. Codified Laws § 20-11-5 12S.D. Codified Laws § 20-11-6 13New York Times Co. v. Sullivan, 376 U.S. 254 (1964)14Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)

02Online harassment, cyberstalking and doxxing in South Dakota

Cyberstalking

South Dakota's stalking law makes it a crime to willfully, maliciously and repeatedly harass someone by verbal, electronic, digital media, mechanical, telegraphic or written communication, as well as to repeatedly follow or harass a person or make a credible threat. Harassment here means a knowing, willful course of conduct aimed at a specific person that seriously alarms, annoys or harasses them and serves no legitimate purpose, and constitutionally protected activity is excluded. Stalking is a Class 1 misdemeanor, while a repeat conviction within ten years, or stalking in violation of a protection or restraining order, is a Class 6 felony.

Sources15S.D. Codified Laws § 22-19A-1 16S.D. Codified Laws § 22-19A-2 17S.D. Codified Laws § 22-19A-4 18S.D. Codified Laws § 22-19A-5

Online harassment

It is a Class 1 misdemeanor to use a telephone or other electronic communication device to contact someone with intent to terrorize, intimidate, threaten, harass or annoy them using obscene or lewd language, to threaten physical harm to a person or property, or to extort money. Knowingly letting your own device be used for these purposes is also a Class 1 misdemeanor.

Source19S.D. Codified Laws § 49-31-31

Intimate images shared without consent

It is a crime, without the depicted person's consent or knowledge and with intent to harass, embarrass, threaten or harm them, to share or distribute nude or sexual photos or recordings of them made in the ways the statute describes. A first offense is a Class 1 misdemeanor, while repeat offenses and certain offenses involving minors are felonies. As amended in 2026, the law also makes it a Class 5 felony to knowingly create or share digitally fabricated material, such as a deepfake, that realistically shows an identifiable person nude or engaged in sexual conduct.

Sources20S.D. Codified Laws § 22-21-4 21S.D. Codified Laws § 22-21-4.1

03How to remove defamatory content in South Dakota

How to remove defamatory content in South Dakota

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.

How to report defamation on social media

Get a quote Content removal services

04Frequently asked questions about defamation in South Dakota

How long do you have to sue for defamation in South Dakota?

Generally two years after the claim arises, for both libel and slander, unless another statute sets a different deadline. A lawyer can tell you when the clock started in your situation.

Is defamation a crime in South Dakota?

South Dakota repealed its criminal libel chapter in 1976, so defamation is handled through civil lawsuits. Related conduct, such as stalking or threatening messages, can still be prosecuted under other laws.

Do you have to notify a newspaper before suing it for libel in South Dakota?

Yes. You must serve the newspaper with a notice identifying the statements you claim are false at least three days before filing. If the paper acted in good faith and publishes a full and fair retraction within the time the statute sets, you cannot recover punitive damages.

Does South Dakota have an anti-SLAPP law?

Yes. A law that took effect July 1, 2026 lets people sued over speech on matters of public concern, or over statements in government proceedings, file an early motion to dismiss. If the motion succeeds, the court awards them costs and attorney fees.

Is it illegal to share fake explicit images of someone in South Dakota?

It can be. As amended in 2026, the law makes it a Class 5 felony to knowingly create or share a realistic digitally fabricated nude or sexual image of an identifiable person without their consent or knowledge and with intent to harass, embarrass or harm them.

05Defamation laws in nearby states