Defamation and Online Harassment Laws in Utah

Defamation in Utah is a common law claim limited by free speech protections in the U.S. and Utah constitutions. Under Utah's model civil jury instructions, a plaintiff generally must show that the defendant published a defamatory statement about them that was not privileged, was made with the required level of fault and caused damage; in many cases the plaintiff must also prove the statement was false. Utah's libel chapter separately defines libel as a malicious defamation in print, signs or pictures that exposes a person to public hatred, contempt or ridicule, and slander as libel communicated in spoken words, for purposes of that chapter.

Sources1Model Utah Jury Instructions 2d, CV1601 (Introductory Notes) and CV1602 (Elements of a Defamation Claim)2Utah Code § 45-2-2 (libel and slander defined)

Utah no longer treats defamation as a crime. House Bill 158 of the 2024 General Session repealed the criminal defamation offense in Utah Code § 76-9-404, effective May 1, 2024. Defamation is now pursued through civil lawsuits.

Sources3Utah Legislature, H.B. 158 Criminal Defamation Amendments (2024 General Session), enrolled copy (via LegiScan)4H.B. 158 (2024) bill status, LegiScan

Utah law allows one year to bring a lawsuit for libel or slander. Utah's model jury instructions describe the year as running from when the plaintiff could reasonably have discovered the publication, while noting that a court may decide the timing itself, especially when the statement appeared in a widely available publication.

Sources5Utah Code § 78B-2-302(4)6Model Utah Jury Instructions 2d, CV1620 (Affirmative Defense: Statute of Limitations)

Related guide: Statute of limitations for defamation in every state

Utah recognizes defamation per se, where some damage is presumed, for statements accusing someone of criminal conduct, of having a loathsome disease, of unchaste behavior (historically limited to women), or of conduct incompatible with their lawful business, trade, profession or office. Utah's model jury instructions read Utah Supreme Court case law as applying these same categories to written and spoken statements. The Utah Court of Appeals has suggested that, without proof of actual injury, a per se plaintiff may recover only nominal damages.

Source7Model Utah Jury Instructions 2d, CV1614 (Presumed Damages) and committee notes, citing Larson v. SYSCO Corp., 767 P.2d 557 (Utah 1989), Jacob v. Bezzant, 2009 UT 37, and Westmont Mirador, LLC v. Miller, 2014 UT App 209

Related guide: What defamation per se means

Utah's Uniform Public Expression Protection Act took effect on May 3, 2023. A person sued over speech, press, assembly, petition or association on a matter of public concern, or over statements in government proceedings, can generally file a special motion for expedited relief within 60 days of being served, and filing it pauses other proceedings between the parties, including discovery, with limited exceptions. If the moving party wins the motion, the court must award court costs, reasonable attorney's fees and reasonable litigation expenses related to the motion.

Sources8Utah Code § 78B-25-102 (scope)9Utah Code § 78B-25-103 (special motion for expedited relief)10Utah Code § 78B-25-104 (stay)11Utah Code § 78B-25-110 (costs, attorney fees and expenses)12Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Utah

Related guide: Anti-SLAPP laws by state

Utah's retraction statutes limit a plaintiff to actual damages when a newspaper (for libel) or a radio or TV station (for libel or slander) published a statement in good faith by mistake and then ran a full and fair retraction within the short deadlines the statutes set after written notice. Since May 6, 2026, a person who wants to sue over allegedly defamatory content created with generative AI, digital manipulation or similar technology must first send the publisher written notice, and if the publisher removes the content within 10 days of receiving it, only actual damages can be recovered.

Sources13Utah Code § 45-2-1 (retraction by newspapers)14Utah Code § 45-2-1.5 (retraction by broadcasters)15Utah Code § 45-2-14 (notice before filing action; effect of removal), enacted by S.B. 256 (2026 General Session), enrolled copy (via LegiScan)

Statements of mere opinion are protected unless they imply facts that are false and defamatory, and when a public official or public figure sues, or the speech concerns a matter of public concern, the plaintiff must prove the statement was materially false. Utah law makes statements in official duties and in legislative, judicial or other official proceedings privileged, and protects, when made without malice, fair and true reports of official proceedings and public meetings and certain communications between interested parties. Public officials and public figures must prove by clear and convincing evidence that the speaker knew the statement was false or seriously doubted its truth; since May 6, 2026, it is not a defense that content was made with generative AI or other digital tools.

Sources16Model Utah Jury Instructions 2d, CV1602 committee notes (burden of proving falsity)17Model Utah Jury Instructions 2d, CV1606 (Opinion)18Utah Code § 45-2-3 (privileged publication or broadcast)19Model Utah Jury Instructions 2d, CV1608 (Conditional Privilege)20Model Utah Jury Instructions 2d, CV1611 (Requisite Degree of Fault: Public Official or Public Figure)15Utah Code § 45-2-3.5 (artificially generated content), enacted by S.B. 256 (2026 General Session), enrolled copy (via LegiScan)

Utah's stalking law covers someone who intentionally or knowingly engages in a course of two or more acts aimed at a specific person, which can include monitoring, threatening or communicating with or about them through a computer, the internet, text messages or other electronic means, when the actor knows or is reckless about whether it would make a reasonable person fear for their safety or suffer other emotional distress. A first offense is generally a class A misdemeanor, and prior convictions or other aggravating factors can make it a felony.

Source21Utah Code § 76-5-106.5 (stalking)

Related guide: Cyberstalking laws explained

Electronic communication harassment is a crime in Utah when someone, intending to intimidate, abuse, threaten, harass, frighten or disrupt another person's electronic communications, repeatedly contacts them electronically, keeps contacting them after being asked to stop, or sends threats of injury or damage. It is a class B misdemeanor, or a class A misdemeanor for a second or later violation, and a prosecution generally does not affect the victim's right to sue for damages.

Source22Utah Code § 76-12-202 (electronic communication harassment)

Related guide: Online harassment laws explained

Utah makes it a crime to post another person's personal identifying information on a public online site or forum without permission in order to abuse, threaten or disrupt their electronic communications. A separate offense applies when someone spreads another person's identifying information intending that electronic communication harassment occur and expecting others to spread or use it, and harassment results; penalties increase for repeat offenses and when the person exposed is a minor.

Sources23Utah Code § 76-12-203 (unlawful electronic disclosure of personal identifying information)24Utah Code § 76-12-205 (disclosure of personal information with intent to cause electronic communication harassment)

Related guide: Is doxxing illegal?

Distributing an intimate image of an adult without consent is a class A misdemeanor in Utah when the image was created or shared under a reasonable expectation of privacy, the distributor knows or should know it would cause a reasonable person emotional distress or harm, and, in most cases, actual distress or harm results; a second or later conviction can be a felony. A separate law covers counterfeit intimate images, such as AI-generated or edited fakes showing an identifiable person, with felony penalties when an adult distributes one depicting a child.

Sources25Utah Code § 76-5b-203 (distribution of an intimate image)26Utah Code § 76-5b-205 (unlawful distribution of a counterfeit intimate image)