Defamation and Online Harassment Laws in Virginia

Virginia defamation law comes mostly from court decisions rather than a single statute. A plaintiff must prove publication of an actionable statement, meaning a false statement of fact that harms their reputation, made with the required level of fault. The Code of Virginia adds a separate civil claim for insulting words that tend to provoke violence or a breach of the peace, along with rules on defenses and damages.

Sources1Digital Media Law Project, Virginia Defamation Law2Va. Code § 8.01-453The Gazette, Inc. v. Harris, 229 Va. 1 (1985)

Defamation is usually handled as a civil matter, but Va. Code § 18.2-417 is still on the books. It makes it a Class 3 misdemeanor to falsely say or publish words attacking a person's chastity or virtue, to falsely say or publish insulting words that tend to cause violence or a breach of the peace, or to use grossly insulting language toward a person of good reputation. The section was last amended in 2020.

Source4Va. Code § 18.2-417

A lawsuit for libel, slander, insulting words or defamation must be filed within 1 year after the claim arises. If the statement was posted online anonymously or under a false identity, the deadline is paused until the author's identity is discovered, or should have been discovered with due diligence.

Source5Va. Code § 8.01-247.1

Related guide: Statute of limitations for defamation in every state

Some statements are defamatory per se, which means the law treats them as harmful to reputation without proof of specific financial loss. They include falsely accusing someone of a crime involving moral turpitude, saying they have a contagious disease that would exclude them from society, suggesting they are unfit for or lack integrity in their job or office, and harming them in their profession or trade. The plaintiff must still prove the other elements of the claim, including fault.

Sources6Carwile v. Richmond Newspapers, Inc., 196 Va. 1 (1954)3The Gazette, Inc. v. Harris, 229 Va. 1 (1985)1Digital Media Law Project, Virginia Defamation Law

Related guide: What defamation per se means

Va. Code § 8.01-223.2 gives immunity from tort claims based only on certain statements, such as statements to third parties on matters of public concern protected by the First Amendment and statements made to local government bodies about matters before them. The immunity does not cover statements the speaker knew or should have known were false, or made with reckless disregard for the truth. A person who wins under the law may be awarded attorney fees and costs, but unlike many states Virginia does not set out a special early procedure to dismiss these cases.

Sources7Va. Code § 8.01-223.28Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Virginia

Related guide: Anti-SLAPP laws by state

A defendant may ask the court to reduce damages because they apologized before the suit, or as soon as possible after it was filed, if they give written notice of that defense. Newspapers, magazines and periodicals may also offer evidence such as their good faith and a prompt, fair apology or retraction to reduce general and punitive damages, but not actual financial losses.

Sources9Va. Code § 8.01-4610Va. Code § 8.01-48

Truth is a defense, and pure statements of opinion cannot support a defamation claim; the judge decides whether a statement is fact or opinion. A private person seeking compensation must generally show the defendant was at least negligent when the statement's content made a substantial danger to reputation apparent, and otherwise must prove actual malice. Public officials and public figures must prove actual malice, meaning knowledge of falsity or reckless disregard for the truth, by clear and convincing evidence. Fair and substantially accurate reports of court proceedings are also privileged.

Sources9Va. Code § 8.01-4611Chaves v. Johnson, 230 Va. 112 (1985)3The Gazette, Inc. v. Harris, 229 Va. 1 (1985)1Digital Media Law Project, Virginia Defamation Law

Virginia's stalking law, Va. Code § 18.2-60.3, covers repeated conduct, in person or through any other means including electronic communications, that is meant to make someone reasonably fear death, sexual assault or bodily injury, or that the offender should know would cause that fear. A first offense is a Class 1 misdemeanor, and a second offense within 5 years is a Class 6 felony.

Source12Va. Code § 18.2-60.3

Related guide: Cyberstalking laws explained

Under Va. Code § 18.2-152.7:1, it is a Class 1 misdemeanor to use a computer or network, with intent to coerce, intimidate or harass, to send obscene or indecent language or to threaten an illegal or immoral act. Separately, Va. Code § 18.2-60 makes it a Class 6 felony to send a written or electronic threat to kill or injure someone, including by email, text or social media, when it causes reasonable fear.

Sources13Va. Code § 18.2-152.7:114Va. Code § 18.2-60

Related guide: Online harassment laws explained

Va. Code § 18.2-186.4 makes it a Class 1 misdemeanor to publish another person's name or photo together with certain identifying information or their primary home address, with intent to coerce, intimidate or harass. It becomes a Class 6 felony with a mandatory minimum of 6 months of confinement when the offender knows or has reason to know the target is a law enforcement officer or an active or retired judge, justice or magistrate.

Source15Va. Code § 18.2-186.4

Related guide: Is doxxing illegal?

Va. Code § 18.2-386.2 makes it a Class 1 misdemeanor to maliciously share or sell nude or sexually revealing images of another person with intent to coerce, harass or intimidate, when the sender knows or has reason to know they are not authorized to do so. The law covers images created by any means, including altered or fake images of a recognizable real person.

Source16Va. Code § 18.2-386.2