Defamation and Online Harassment Laws in West Virginia

West Virginia defamation law comes mainly from state court decisions, applied within the limits of the state constitution, which allows civil damages for libel and makes truth published with good motives a defense. Courts list six elements for a private plaintiff: a defamatory statement, a nonprivileged communication to a third party, falsity, reference to the plaintiff, at least negligence by the publisher, and resulting injury. A separate statute also lets people sue over insulting words that, in their usual meaning, tend to provoke violence or a breach of the peace.

Sources1W. Va. Const. art. III, §§ 7-82Serian v. Penguin Group (USA), Inc., No. 1:08cv74 (N.D. W. Va. July 23, 2009), quoting Crump v. Beckley Newspapers, Inc., 320 S.E.2d 70 (W. Va. 1983)3Young v. West Virginia University, No. 1:23-CV-29 (N.D. W. Va. Aug. 8, 2023) (report and recommendation), quoting Belcher v. Wal-Mart Stores, Inc., 568 S.E.2d 19 (W. Va. 2002)4Brizuela v. Johnson, No. 1:22-CV-105 (N.D. W. Va. Dec. 22, 2022) (report and recommendation), quoting Crump v. Beckley Newspapers, Inc., 320 S.E.2d 70 (W. Va. 1983)5W. Va. Code § 55-7-2 (Insulting words)

The West Virginia Constitution allows the Legislature to punish libel, but the state's current criminal code (Chapter 61) contains no general criminal libel or slander offense. In practice, defamation is pursued through civil lawsuits for damages, while related conduct such as threats or harassment falls under separate criminal statutes.

Sources1W. Va. Const. art. III, § 76W. Va. Code Chapter 61 (Crimes and Their Punishment), article index

Defamation claims fall under West Virginia's one-year catch-all limitation period for personal actions not otherwise covered. Courts treat the claim as accruing when the defamation becomes known, or reasonably should have become known, to the plaintiff.

Sources7W. Va. Code § 55-2-12(c)3Young v. West Virginia University, No. 1:23-CV-29 (N.D. W. Va. Aug. 8, 2023) (report and recommendation), citing Herbert J. Thomas Mem'l Hosp. Ass'n v. Nutter, 795 S.E.2d 530 (W. Va. 2016) and Padon v. Sears, Roebuck & Co., 411 S.E.2d 245 (W. Va. 1991)4Brizuela v. Johnson, No. 1:22-CV-105 (N.D. W. Va. Dec. 22, 2022) (report and recommendation), citing Wilt v. State Auto. Mut. Ins. Co., 506 S.E.2d 608 (W. Va. 1998)

Related guide: Statute of limitations for defamation in every state

West Virginia recognizes statements that are defamatory per se, such as those accusing someone of serious sexual misconduct, because the harm to reputation is obvious. When a statement is libelous per se, damages are presumed, so the plaintiff does not have to prove a specific financial loss.

Source8Jarmuth v. Frinzi, No. 1:04CV63 (N.D. W. Va. July 19, 2006), citing Bell v. National Republican Congressional Committee, 187 F. Supp. 2d 605 (S.D. W. Va. 2002) and Milan v. Long, 88 S.E. 618 (W. Va. 1916)

Related guide: What defamation per se means

West Virginia does not have an anti-SLAPP statute; a 2024 bill based on the Uniform Public Expression Protection Act did not pass. The state's highest court has, however, given heightened protection to petitioning the government on public issues, which cannot create liability unless the speaker knew the statements were false or recklessly disregarded whether they were.

Source9Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: West Virginia (discussing Harris v. Adkins, 432 S.E.2d 549 (W. Va. 1993))

Related guide: Anti-SLAPP laws by state

Truth is a complete defense, and the state constitution directs a verdict for the defendant when the statement is true and was published with good motives and for justifiable ends. Statements of opinion that do not contain a provably false fact are protected, and a judge decides first whether a statement is fact or opinion. Absolute privilege generally covers legislative, judicial and quasi-judicial proceedings, while a qualified privilege protects good-faith statements shared only with people who have a legitimate interest; actual malice, including reckless disregard for the truth, can defeat that qualified privilege. A public-figure plaintiff must show a provably false statement of fact and must prove actual malice, meaning knowledge of falsity or reckless disregard for the truth, by clear and convincing evidence.

Sources1W. Va. Const. art. III, § 82Serian v. Penguin Group (USA), Inc., No. 1:08cv74 (N.D. W. Va. July 23, 2009), citing Maynard v. Daily Gazette Co., 447 S.E.2d 293 (W. Va. 1994) and Long v. Egnor, 346 S.E.2d 778 (W. Va. 1986)10Dickens v. Werner Enterprises, Inc., No. 1:12CV76 (N.D. W. Va. Oct. 10, 2012), citing Crump v. Beckley Newspapers, Inc., 320 S.E.2d 70 (W. Va. 1983)11Blankenship v. NBCUniversal, LLC, No. 22-1198 (4th Cir. Feb. 22, 2023), applying Pritt v. Republican Nat'l Comm., 557 S.E.2d 853 (W. Va. 2001)12New York Times Co. v. Sullivan, 376 U.S. 254 (1964)

West Virginia's stalking and harassment law treats harassment as a willful course of conduct of two or more acts aimed at a specific person, which can include unwanted contact through electronic communication, that would cause a reasonable person mental injury or emotional distress and serves no legitimate purpose. A first offense is a misdemeanor punishable by up to six months in jail, a fine of up to $1,000, or both; a second or later conviction, certain violations of protective orders, and harassment meant to push someone toward self-harm or suicide are felonies.

Source13W. Va. Code § 61-2-9a (Stalking and harassment)

Related guide: Cyberstalking laws explained

It is a misdemeanor to use a computer, phone or other electronic device, with intent to harass or abuse, to contact someone anonymously, keep contacting them after being asked to stop, threaten a crime, or send obscene material after being told to stop. A first offense carries up to six months in jail and a $500 fine. A separate offense makes it a misdemeanor to use a computer or network to harass, intimidate or bully a minor, including by spreading private or sexual information about the minor online.

Sources14W. Va. Code § 61-3C-14a15W. Va. Code § 61-3C-14c (Cyberbullying of minors)

Related guide: Online harassment laws explained

West Virginia has a targeted doxxing law that protects health care workers, including first responders, and their immediate family. It is a misdemeanor to knowingly post their home address, personal phone numbers, personal email, personal photos, or photos of their home or vehicle online with intent to threaten, intimidate or incite violence against them. This law does not cover the general public, although posting private information about a minor to harass them can fall under the separate cyberbullying law.

Sources16W. Va. Code § 61-3C-14d15W. Va. Code § 61-3C-14c

Related guide: Is doxxing illegal?

It is a crime to knowingly share, or threaten to share, someone's private intimate images, including AI-generated fake intimate images, with intent to harass, intimidate, humiliate or coerce them. A first offense is a misdemeanor with up to a year in jail and fines of $1,000 to $5,000, and repeat offenses are felonies. Victims can also sue for damages under a civil remedy, generally within four years of discovering the disclosure or of the threat.

Sources17W. Va. Code § 61-8-28a18W. Va. Code § 55-20-3 (Civil action)19W. Va. Code § 55-20-7 (Statute of limitations)