Defamation and Online Harassment Laws in Wisconsin

Defamation in Wisconsin is a court-made, common-law claim, supplemented by statutes such as Wis. Stat. § 895.05 on libel and § 893.57 on the filing deadline. As summarized in the official annotations, a plaintiff must show a false statement, communicated to someone other than the plaintiff, that is unprivileged and tends to lower the plaintiff in the eyes of the community or discourage others from dealing with them. The statement can be direct or implied, and it must be about an identifiable person.

Source1Wis. Stat. § 895.05 and annotations (Terry v. Journal Broadcast Corp., 2013 WI App 130; Wagner v. Allen Media Broadcasting, 2024 WI App 9)

Wis. Stat. § 942.01 makes it a Class A misdemeanor to communicate defamatory matter to a third person with intent to defame, unless the statement was true and made with good motives and for justifiable ends, or was otherwise privileged; a conviction based on spoken words requires two witnesses or a guilty or no-contest plea. A separate misdemeanor, § 942.03, covers knowingly giving false, injurious statements to a newspaper, magazine or other publication. Both sections appear in the official statutes, updated through October 1, 2026.

Sources2Wis. Stat. § 942.013Wis. Stat. § 942.03

Wis. Stat. § 893.57 requires a lawsuit for libel or slander to be filed within three years after the claim accrues (the period was two years before a 2009 amendment). Courts have held that a claim under this section does not accrue until the plaintiff knows, or reasonably should have discovered, who is responsible, and that each new view of an online post does not restart the clock.

Source4Wis. Stat. § 893.57 and annotations (Spitler v. Dean, 1989; Ladd v. Uecker, 2010 WI App 28)

Related guide: Statute of limitations for defamation in every state

Wisconsin does not have an anti-SLAPP statute that lets defendants seek early dismissal of lawsuits targeting speech on public issues. A 2023 bill (SB 414) that would have created a special motion to strike and fee awards failed to pass in April 2024, and the official list of 2025 Wisconsin Acts includes no anti-SLAPP law.

Sources5Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Wisconsin6Wisconsin Legislature, 2023 Senate Bill 414 history7Wisconsin Legislature, 2025 Wisconsin Acts

Related guide: Anti-SLAPP laws by state

Before suing over a libel in a newspaper, magazine or periodical, the person must give those responsible written notice identifying the article, the statements claimed to be false and the claimed true facts, and a reasonable chance to correct it. A timely correction, published without comment and as prominently as the original, limits recovery to actual damages. Courts have held this notice rule applies only to print publications, not broadcasts or online bulletin boards, and a defective notice cannot later be fixed.

Source1Wis. Stat. § 895.05(2) and annotations (Hucko v. Jos. Schlitz Brewing Co., 1981; It's In the Cards, Inc. v. Fuschetto, 1995; DeBraska v. Quad Graphics, Inc., 2009 WI App 23)

Truth is a defense, and a private plaintiff suing a media defendant must prove the statement false. Public officials and public figures, including limited-purpose public figures for statements tied to their role in a public controversy, must prove actual malice, meaning knowledge of falsity or reckless disregard for the truth; a private person suing the media need only prove negligence. Newspapers also have a privilege for true and fair reports of judicial, legislative and other official proceedings, and in a criminal defamation case the Court of Appeals held that a conditional privilege can be lost if abused.

Sources1Wis. Stat. § 895.05 and annotations (Fields Foundation, Ltd. v. Christensen, 1981; Denny v. Mertz, 1982; Torgerson v. Journal/Sentinel Inc., 1997; Storms v. Action Wisconsin Inc., 2008 WI 56; Biskupic v. Cicero, 2008 WI App 117; Terry v. Journal Broadcast Corp., 2013 WI App 130)2Wis. Stat. § 942.01 annotations (State v. Gilles, 1992)

Wisconsin's stalking law, Wis. Stat. § 940.32, counts repeated texts, emails and other electronic messages, and messages or content posted on websites or apps, as part of a course of conduct. Intentionally directing such conduct at a person, when it would cause a reasonable person serious emotional distress or fear of injury or death and actually does so, is a Class I felony, with higher penalties in aggravated cases.

Source8Wis. Stat. § 940.32

Related guide: Cyberstalking laws explained

Wis. Stat. § 947.0125 makes it a Class B misdemeanor to send electronic messages that threaten harm, use obscene language, or hide the sender's identity, with intent to frighten, intimidate, threaten or abuse someone; sending repeated messages solely to harass can bring a civil forfeiture. The general harassment law, § 947.013, imposes a forfeiture for a course of conduct meant to harass or intimidate that serves no legitimate purpose, and makes it a crime when combined with a credible threat or a violation of a restraining order.

Sources9Wis. Stat. § 947.012510Wis. Stat. § 947.013

Related guide: Online harassment laws explained

We did not find a stand-alone doxxing crime in Wisconsin, but the stalking law counts contacting a victim's family, employer, coworkers or friends to spread information about the victim, and stalking and harassment penalties rise when the offender accesses electronic records containing the victim's personal information. Separately, Wis. Stat. § 757.07 lets judicial officers ask government agencies and data brokers to stop publishing or selling their personal information.

Sources8Wis. Stat. § 940.32(1)(a)7m. and (2m)(c)10Wis. Stat. § 947.013(1v)11Wis. Stat. § 757.07

Related guide: Is doxxing illegal?

Under Wis. Stat. § 942.09(3m), posting or publishing a private nude or sexual image while knowing the person shown does not consent is a Class A misdemeanor, or a felony if that person is a minor. Posting or sharing a realistic AI-generated or otherwise synthetic intimate image of an identifiable person to coerce, harass or intimidate them is a Class I felony. Online services hosting third-party content, and images that are newsworthy or of public importance, are exempt.

Source12Wis. Stat. § 942.09