US state guide
This guide is general information about the law in Vermont, 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 Vermont.
01Defamation law in Vermont
Where the law comes from
Defamation in Vermont is a common law tort that covers both libel and slander. The Vermont Supreme Court lists six elements: a false and defamatory statement about the plaintiff, at least negligence in publishing it, publication to at least one third person, no privilege, special damages unless the statement is actionable per se, and some actual harm. Statutes add specific rules, such as the filing deadline and the anti-SLAPP motion.
Sources1Lent v. Huntoon, 143 Vt. 539, 470 A.2d 1162 (1983)2Russin v. Wesson, 2008 VT 22, 183 Vt. 301
Is defamation a crime?
Vermont has no criminal defamation law in force. The chapter of the criminal code titled "Blasphemy and Defamation" (13 V.S.A. §§ 801–802) was repealed in 1979, so defamation is pursued only as a civil claim. Some harmful online conduct can still be a crime under the stalking, electronic harassment and intimate-image laws.
Sources313 V.S.A. ch. 17, §§ 801–802 (repealed 1979, No. 152 (Adj. Sess.))413 V.S.A. § 1062513 V.S.A. § 1027613 V.S.A. § 2606
Statute of limitations
A lawsuit for slander or libel must be started within three years after the cause of action accrues. The same deadline applies to written and spoken statements.
Source712 V.S.A. § 512(3)
Defamation per se
In Vermont, libel is generally actionable per se, meaning the plaintiff does not have to prove special (financial) damages. Slander is actionable per se only in traditional categories, such as accusing someone of a crime, harming them in their trade, business or profession, or claiming they have a loathsome disease. Even in per se cases, the plaintiff must still show some actual harm to recover compensatory damages.
Anti-SLAPP protection
Under 12 V.S.A. § 1041, a defendant sued over speech or petitioning connected to a public issue can file a special motion to strike within 60 days after the complaint is filed, and filing it pauses discovery. The court must grant the motion unless the plaintiff shows that the defendant's speech or petitioning had no reasonable factual support and no arguable legal basis, and that it caused the plaintiff actual injury. A defendant who wins is awarded costs and reasonable attorney's fees, and the ruling can be appealed under the rules for interlocutory appeals.
Sources812 V.S.A. § 10419Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Vermont
Defenses and public figures
Truth is a complete defense to defamation in Vermont. A defendant may also rely on a conditional privilege, such as protecting legitimate business interests, but the plaintiff can defeat it by proving malice with clear and convincing evidence, for example by showing the defendant knew the statement was false or acted with reckless disregard for the truth. Under the U.S. Constitution, public officials and public figures must prove actual malice, and statements that cannot reasonably be read as stating actual facts are protected.
Sources1Lent v. Huntoon, 143 Vt. 539, 470 A.2d 1162 (1983)2Russin v. Wesson, 2008 VT 22, 183 Vt. 30110New York Times Co. v. Sullivan, 376 U.S. 254 (1964)11Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967)12Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)
02Online harassment, cyberstalking and doxxing in Vermont
Cyberstalking
Vermont's criminal stalking law covers a purposeful course of conduct of two or more acts, carried out directly or indirectly by any method or device, that the person knows or should know would make a reasonable person fear for their safety or someone else's, or suffer substantial emotional distress. Stalking is punishable by up to two years in prison, and aggravated stalking, such as stalking in violation of a court order, by up to five years. People who are not family or household members of the stalker can also ask a civil court for an order against stalking, and the civil definition expressly includes using electronic devices or software to monitor a person's internet or wireless activity without authorization.
Sources1313 V.S.A. § 1061413 V.S.A. § 10621413 V.S.A. § 10631512 V.S.A. § 51311612 V.S.A. § 5133
Online harassment
It is a crime in Vermont to contact someone by phone or other electronic communication with intent to terrify, intimidate, threaten, harass or annoy them, if the contact includes obscene proposals, threats of harm, or repeated messages that disturb their peace or privacy. A first offense carries up to three months in jail, and a repeat offense up to six months.
Source513 V.S.A. § 1027
Intimate images shared without consent
Under 13 V.S.A. § 2606, knowingly sharing a nude or sexual image of an identifiable person without consent, with intent to harm, harass or intimidate them, is a crime punishable by up to two years in prison, or up to five years if done for financial profit. The law covers realistic digitally altered images, bars websites and apps from charging a fee to remove such images at the depicted person's request, and gives victims a civil claim in which a court can order the defendant to stop displaying or sharing the image.
Source613 V.S.A. § 2606
03Data protection and the right to have content removed
The Vermont Data Privacy and Online Surveillance Act, which takes effect on January 1, 2028, will give consumers the right to have covered businesses delete personal data provided by or collected about them. It applies only to businesses that meet set thresholds, such as handling the personal data of at least 35,000 consumers in a year, and its definition of personal data generally excludes publicly available information.
Sources179 V.S.A. § 2415d (effective Jan. 1, 2028)189 V.S.A. ch. 61A, §§ 2415a–2415b (effective Jan. 1, 2028)
04How to remove defamatory content in Vermont
How to remove defamatory content in Vermont
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.
05Frequently asked questions about defamation in Vermont
How long do you have to sue for defamation in Vermont?
Vermont generally allows three years from when the claim accrues to file a libel or slander lawsuit, under 12 V.S.A. § 512(3).
Is defamation a crime in Vermont?
No. Vermont repealed its criminal defamation provisions in 1979, so defamation is a civil matter. Related online conduct, such as stalking, threatening electronic messages or sharing intimate images without consent, can still be a crime.
What do you have to prove in a Vermont defamation case?
A plaintiff generally must show a false and defamatory statement about them, at least negligence by the speaker, publication to a third person, no privilege, and actual harm. Special damages are also required unless the statement is actionable per se.
Does Vermont have an anti-SLAPP law?
Yes. Under 12 V.S.A. § 1041, a defendant sued over speech or petitioning on a public issue can file a special motion to strike. The court grants it unless the plaintiff meets the law's test, and a defendant who wins is awarded attorney's fees and costs.
Is sharing intimate images without consent illegal in Vermont?
Yes. 13 V.S.A. § 2606 makes it a crime to knowingly share such images without consent and with intent to harm, harass or intimidate. Victims can also sue, and a court can order the person who shared the images to stop displaying or sharing them.
06Defamation laws in nearby states
07Sources
- Lent v. Huntoon, 143 Vt. 539, 470 A.2d 1162 (1983)
- Russin v. Wesson, 2008 VT 22, 183 Vt. 301
- 13 V.S.A. ch. 17, §§ 801–802 (repealed 1979, No. 152 (Adj. Sess.))
- 13 V.S.A. § 1062
- 13 V.S.A. § 1027
- 13 V.S.A. § 2606
- 12 V.S.A. § 512(3)
- 12 V.S.A. § 1041
- Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Vermont
- New York Times Co. v. Sullivan, 376 U.S. 254 (1964)
- Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967)
- Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)
- 13 V.S.A. § 1061
- 13 V.S.A. § 1063
- 12 V.S.A. § 5131
- 12 V.S.A. § 5133
- 9 V.S.A. § 2415d (effective Jan. 1, 2028)
- 9 V.S.A. ch. 61A, §§ 2415a–2415b (effective Jan. 1, 2028)