Defamation and Online Harassment Laws in Tennessee

Tennessee defamation law comes mainly from court decisions, with statutes covering deadlines, newspaper corrections and a few specific situations. The Tennessee Supreme Court says a plaintiff must show that the defendant published a statement to a third person, knowing it was false and defamatory, or acting with reckless disregard for the truth or with negligence in failing to check it. In 1978 the same court adopted, in line with the U.S. Supreme Court's decision in Gertz, an ordinary negligence test for private plaintiffs suing a publisher: whether the publisher used reasonable care in checking the truth of what it printed.

Sources1Sullivan v. Baptist Memorial Hospital, 995 S.W.2d 569 (Tenn. 1999)2Memphis Publishing Co. v. Nichols, 569 S.W.2d 412 (Tenn. 1978)

Defamation in Tennessee is normally handled through civil lawsuits. Under the state's criminal code, conduct is a crime only if a statute, ordinance or authorized rule defines it as one. One election statute does make it a Class C misdemeanor to publish or distribute campaign literature against a candidate that contains a statement about the candidate the person knows is false.

Sources3Tenn. Code Ann. § 39-11-102(a)4Tenn. Code Ann. § 2-19-142

A slander lawsuit over spoken words must be filed within six months after the words are spoken. A libel lawsuit must be filed within one year after the cause of action accrues.

Sources5Tenn. Code Ann. § 28-3-1036Tenn. Code Ann. § 28-3-104(a)(1)(A)

Related guide: Statute of limitations for defamation in every state

Tennessee no longer presumes damages for statements once treated as defamatory per se. In 1978 the Tennessee Supreme Court held that the per se/per quod distinction is no longer viable, so plaintiffs must plead and prove injury, and the Court of Appeals has applied that rule in a slander case. Actual injury is not limited to lost money and can include harm to reputation and standing, humiliation and mental anguish. A separate statute says that wrongful and malicious accusations of adultery or fornication are actionable without proof of special damages.

Sources2Memphis Publishing Co. v. Nichols, 569 S.W.2d 412 (Tenn. 1978)7Handley v. May, 588 S.W.2d 772 (Tenn. Ct. App. 1979)8Tenn. Code Ann. § 29-24-101

Related guide: What defamation per se means

The Tennessee Public Participation Act took effect July 1, 2019. It covers legal actions brought against private parties over speech on a matter of public concern, petitioning the government or association. The defendant may file a petition to dismiss within 60 days of service (later if the court allows), which pauses discovery except for limited discovery the court permits for good cause. Once the defendant shows the case is based on protected activity, the court must dismiss it with prejudice unless the plaintiff makes a prima facie case for each essential element, and must still dismiss if the defendant establishes a valid defense. If the case is dismissed, the court must award the defendant costs and reasonable attorney's fees, and orders granting or denying the petition can be appealed immediately.

Sources92019 Tenn. Pub. Acts ch. 185 (Tennessee Public Participation Act)10Tenn. Code Ann. § 20-17-103 (Definitions)11Tenn. Code Ann. § 20-17-104 (Petition to dismiss)12Tenn. Code Ann. § 20-17-105 (Burden and dismissal)13Tenn. Code Ann. § 20-17-106 (Appeal)14Tenn. Code Ann. § 20-17-107 (Costs and fees)

Related guide: Anti-SLAPP laws by state

Before suing a newspaper or periodical for libel, the plaintiff must serve written notice at least five days before filing, identifying the article and the statements said to be false and defamatory. If the publisher shows it acted in good faith, that the error came from an honest mistake of fact, and that it had reasonable grounds to believe the statements were true, and it published a full and fair correction, apology or retraction within ten days of the notice (or in the next regular issue if that comes later) with similar prominence to the original, the plaintiff can recover only actual damages, not punitive damages. This limit does not apply to articles about a political candidate published within ten days before that election.

Source15Tenn. Code Ann. § 29-24-103

Truth is a defense, and a statement does not have to be true in every detail as long as its gist or sting is substantially true. An opinion is actionable only if it implies undisclosed defamatory facts. A common-law fair report privilege protects fair and accurate reports of official actions or proceedings, and public officials and public figures, including limited-purpose public figures, must prove actual malice, meaning knowledge of falsity or reckless disregard for the truth.

Sources16Stones River Motors, Inc. v. Mid-South Publishing Co., 651 S.W.2d 713 (Tenn. Ct. App. 1983)17Lewis v. NewsChannel 5 Network, L.P., 238 S.W.3d 270 (Tenn. Ct. App. 2007)2Memphis Publishing Co. v. Nichols, 569 S.W.2d 412 (Tenn. 1978)

Tennessee's stalking law covers a willful course of repeated or continuing harassment that would make a reasonable person feel terrorized, frightened, intimidated, threatened, harassed or molested, and that actually does. The unwanted contact it covers expressly includes electronic communications such as email, text messages and messages sent through websites or social media. Stalking is generally a Class A misdemeanor, aggravated stalking (for example, involving a credible threat or a knowing violation of a protective order) is a Class E felony, and especially aggravated stalking is a Class C felony.

Source18Tenn. Code Ann. § 39-17-315

Related guide: Cyberstalking laws explained

Tennessee's harassment law makes it a Class A misdemeanor to intentionally threaten someone, or to communicate with them without a lawful purpose intending to annoy, offend, alarm or frighten them, when it actually does. It also covers sending or showing images meant as a threat, and bullying or cyberbullying by students. A 2025 amendment, effective July 1, 2025, defines "communicate" to include contact in person as well as email, text and instant messages and messages, images or video sent through or posted on social media or websites.

Sources19Tenn. Code Ann. § 39-17-308202025 Tenn. Pub. Acts ch. 408 (amending § 39-17-308(e)(2))

Related guide: Online harassment laws explained

Since July 1, 2025, it is a crime in Tennessee to post a person's telephone number or home address on a publicly accessible website with the intent to cause harm, or a threat of harm, to that person or a member of their family or household. Harm means bodily injury or property damage. The offense is a Class B misdemeanor, or a Class A misdemeanor if harm results, and it does not apply to public servants posting such information as part of their legal duties.

Sources212025 Tenn. Pub. Acts ch. 522, § 2 (HB 1314)22Tennessee General Assembly, HB 1314 bill history (114th General Assembly)

Related guide: Is doxxing illegal?

Tennessee's unlawful exposure law makes it a Class A misdemeanor to distribute an intimate image of an identifiable person, with intent to cause emotional distress, when the image was taken under an agreement or understanding that it would stay private and the person suffers emotional distress; since July 1, 2025, this applies even if the distributor was not part of that agreement. The person shown can also sue for actual damages or $150,000 in liquidated damages, any profit made, punitive damages, attorney's fees and a court order to stop distribution, and agreeing to an image being taken is not agreeing to its distribution. The 2025 Preventing Deepfake Images Act adds a civil claim with similar remedies for AI-made or digitally altered intimate images shared without consent, and makes disclosing them to harass or to cause harm a felony.

Sources23Tenn. Code Ann. § 39-17-318242025 Tenn. Pub. Acts ch. 432 (amending § 39-17-318(a)(1))252025 Tenn. Pub. Acts ch. 466 (Preventing Deepfake Images Act, Tenn. Code Ann. §§ 39-17-1901 to -1906)