Defamation Deadline in California

Defamation is one of the claims covered by our other personal injuries practice, and its deadline is one of the shortest in California civil law. A claim for injury caused by someone's wrongful act or neglect has two years (Code of Civil Procedure 335.1). A claim for libel or slander has one, and the year can start before you even know the statement exists.

This guide explains when the year starts, why sharing or reposting a statement usually does not restart it, the narrow cases where late discovery helps, and the other short time limits that sit alongside it.

How does the defamation deadline work, step by step?

Identify what kind of statement it was. Libel is a false and unprivileged publication in writing, print, a picture or another fixed form (Civil Code 45). Slander is a false and unprivileged publication spoken aloud, including communications by radio or other mechanical means (Civil Code 46). Both carry the same one-year deadline (Code of Civil Procedure 340(c)).
Find the date of first publication. In defamation law, "publication" means the statement was communicated to at least one person other than you. A decision the Judicial Council quotes under CACI 1722 says the claim accrues at that moment, and for books and newspapers when they are first generally distributed to the public.
Check whether the single publication rule applies. One issue of a newspaper, one broadcast or one presentation gives you one claim, with all your damages from every place it reached (Civil Code 3425.3). Later copies of that same publication do not open new claims.
Ask whether late discovery could matter. If the statement was made privately and you could not reasonably have learned of it, the delayed discovery rule may postpone the start. It does not apply to statements in books, newspapers or other publications (CACI 1722, Directions for Use).
Check for a newspaper or broadcaster. If a daily or weekly news publication or a broadcaster made the statement, a written correction demand is due within 20 days after you learn of it (Civil Code 48a).
File the lawsuit before the year ends. Only filing a complaint in superior court meets the deadline. Plan for an early anti-SLAPP motion, which can be filed within 60 days after the complaint is served (Code of Civil Procedure 425.16(f)).

Which time limits apply to defamation and related claims?

Situation	Time limit	Source
Lawsuit for libel or slander	One year	Code of Civil Procedure 340(c)
Correction demand to a daily or weekly news publication or a broadcaster	Within 20 days after you learn of the statement	Civil Code 48a(a)
Defendant's anti-SLAPP motion to strike	Within 60 days after service of the complaint, or later with the court's permission	Code of Civil Procedure 425.16(f)
Lawsuit for injury caused by a wrongful act or neglect	Two years	Code of Civil Procedure 335.1
Written claim to a public entity before suing it	Six months for injury to a person; one year for other causes of action	Government Code 911.2
Digitally faked sexually explicit images	Three years from when the creation or disclosure was discovered, or should have been	Civil Code 1708.86(g)
Person under 18 when the claim arose	The time while a minor is not counted, except for claims that require a government claim	Code of Civil Procedure 352

When does the one-year clock start?

The general rule is that the clock starts on publication, not on the day you find out. A decision the Judicial Council quotes under CACI 1722 explains that "publication occurs when the defendant communicates the defamatory statement to a person other than the person being defamed." If a former coworker emails a false accusation about you to your manager on March 2, the year generally runs from March 2, even if you only see a copy of the email in May.

For printed and distributed publications, the starting point is set by the distribution. The CACI 1722 instruction tells jurors that for statements in a publication, the claimed harm occurred "when the publication was first generally distributed to the public." The defendant carries the burden of proving the statement was first communicated more than a year before the lawsuit was filed (CACI 1722).

Because the deadline is so short, the first practical task is building a timeline: when the statement was made, to whom, in what form, and when you first saw or heard of it. If more than one statement is involved, each one can have its own date. Our list of what to bring to a first meeting with an injury lawyer works well for this kind of claim too.

Does the clock restart each time someone reads or shares it?

Usually not. Civil Code 3425.3, part of California's Uniform Single Publication Act, says no person may have more than one claim for libel, slander or invasion of privacy "founded upon any single publication," such as one issue of a newspaper, one broadcast or one presentation to an audience. Recovery in that one claim includes all damages suffered in every jurisdiction.

The California Supreme Court has read that rule broadly. A decision the Judicial Council quotes under CACI 1722 says the rule "applies without limitation to all publications," and another passage quoted there says it covers publications with only limited circulation as well. The practical result: the same article staying online, or the same newsletter being read months later, does not give you a fresh year.

A new statement is different. The statute ties one claim to "any one issue" or "any one broadcast," so a new article, a new broadcast or a new false accusation made to a different person later is its own publication with its own date. Keep a dated record of each one, and compare these dates with the other limits in our guide to California personal injury deadlines.

What if I did not find out until later?

The delayed discovery rule is the main way around the publication date, and it is narrow. The CACI 1722 instruction includes an optional paragraph: the lawsuit is on time if the plaintiff proves that, one year before filing, they had not discovered the facts constituting the defamation and could not have discovered them with reasonable diligence. The Judicial Council's notes say the plaintiff bears the burden of pleading and proving delayed discovery.

Those same notes say the delayed discovery rule does not apply to statements published in books, newspapers or magazines, and can apply to matters "published in an inherently secretive manner," such as a confidential report you had no reason to know about. If you are relying on late discovery, write down exactly how and when you learned of the statement, and who told you.

What does a defamation claim have to show?

The deadline only matters if there is a claim to bring. For a private person and a matter of private concern, the jury instruction asks whether the defendant made the statement to someone other than the plaintiff, whether listeners reasonably understood it was about the plaintiff, and whether the defendant failed to use reasonable care to determine whether it was true (CACI 1704). Statements of opinion are protected, unless an opinion implies a false statement of fact (CACI 1707). Truth, or substantial truth, is a defense (CACI 1720).

Some statements are privileged and cannot support a claim at all, such as statements made in a judicial or other official proceeding (Civil Code 47(b)). A knowingly false report of a crime to law enforcement is not covered by that privilege (Civil Code 47(b)(5)). A claim can also bring a costly early challenge; see our guide to the anti-SLAPP fee risk in a defamation case before you file.

What changes the answer?

A newspaper or broadcaster made the statement. Unless you serve a written correction demand within 20 days after learning of it, you can recover only special damages, meaning money losses (Civil Code 48a). Read how to demand a correction from a newspaper or broadcaster.

You were a minor. If you were under 18 when the claim arose, the time you were a minor generally is not counted (Code of Civil Procedure 352(a)). That pause does not apply to claims that require a government claim first (Code of Civil Procedure 352(b)). Our guide to injury claims for children covers how a parent acts for a child.

The speaker works for a public agency. Before suing a public entity, a written claim is usually required, due six months after the claim arises for injury to a person and one year for other causes of action (Government Code 911.2). Which period applies is a legal question; see how to file a claim against a city or county.

The harm is to your privacy or peace of mind, not your reputation. Other claims have other rules. A claim for injury caused by a wrongful act has two years (Code of Civil Procedure 335.1), and the single publication rule also covers invasion of privacy (Civil Code 3425.3). See emotional distress without a physical injury.

A business used your name or photo in an ad. That is a misappropriation claim under Civil Code 3344, with its own remedies; read what to do when a business used your name or photo.

What could this look like? An example

For example, imagine a Rohnert Park contractor whose former customer tells two neighbors on February 10 that the contractor stole tools from her garage. On February 24, the customer posts the same accusation in a written online review. The contractor learns of both on March 15, when a neighbor mentions the conversation.

The spoken accusation is slander, published on February 10 when the neighbors heard it (Civil Code 46). The review is libel, published on February 24 (Civil Code 45). Each has a one-year deadline from its own publication date, so the safest filing date is before February 10 of the next year. Learning of them on March 15 does not move either date, and the review staying online through the summer does not restart the year (Civil Code 3425.3). If the customer posted a new, separate review in June, that new post would have its own date. This example is made up to show how the rules fit together; it says nothing about any real case.

What mistakes do people make with the defamation deadline?

Counting the year from the day they found the statement, instead of the day it was first communicated to someone else.
Assuming that a statement staying online, or being shared again, starts a new year.
Waiting for a response to a demand letter; letters and talks do not pause the deadline in section 340.
Missing the 20-day correction demand when a newspaper, news site or broadcaster published the statement.
Deleting their own copies, or failing to save screenshots with dates and web addresses before a post is taken down.
Filing late in the year without time to prepare for an anti-SLAPP motion.

What should I do this week?

Save every copy of the statement: screenshots showing the date and web address, emails with full headers, letters, recordings.
Write down when the statement was made, to whom, and when and how you first learned of it.
List the people who heard or read it, and anyone who changed how they treated you because of it.
Put a date on your calendar one year after the earliest publication, and treat it as the last day to file.
If a newspaper, news site or broadcaster published it, prepare a written correction demand within 20 days.
Collect proof of money losses, such as canceled contracts, lost customers or job consequences.
Ask a lawyer to review the statement before you reply to it in public.

Frequently asked questions

Is an online review libel or slander?

A written review is a fixed representation to the eye, so it fits the definition of libel (Civil Code 45). A spoken statement in a video or podcast may fit slander, which includes communications by radio or other mechanical means (Civil Code 46). The deadline is one year either way.

Does sending a cease and desist letter stop the deadline?

Not by itself. Section 340 counts the year to the filing of the lawsuit, and nothing in it pauses the year for letters or negotiations. A letter can be useful, but file before the year ends.

Is the deadline different for a public figure?

No, the one-year deadline is the same. What changes is what must be proven: a public figure must prove by clear and convincing evidence that the speaker knew the statement was false or had serious doubts about its truth (CACI 1700).

Can I sue over something said in a court case or a police report?

Statements made in judicial and other official proceedings are privileged (Civil Code 47(b)). The privilege does not cover a report to law enforcement that the person knew was false, or made with reckless disregard for the truth (Civil Code 47(b)(5)).

Where would a defamation lawsuit be filed?

In the superior court of a county with a proper connection to the case. Our guide to what to expect at Sonoma County Superior Court explains the courthouse and the steps after filing.

What if the statement was about my business, not me?

A spoken statement that tends to injure a person in their office, profession, trade or business is listed as slander in Civil Code 46, and a written one that tends to injure a person in their occupation fits libel (Civil Code 45). The one-year limit is the same.

Do I need to prove I lost money?

Not always. When a statement is defamatory on its face, the jury instruction allows assumed damages for harm to reputation and hurt feelings (CACI 1704). Statements that are not defamatory on their face require proof of special damages (Civil Code 45a).

If someone has made a false statement about you and the year is running, contact Young Law Group today at (707) 343-0556 or through our contact page for a free consultation.

How long do I have to sue for defamation in California?