The Statute of Limitations for Libel
Libel is a false accusation in print that damages a person's reputation. Libel can consist of pictures, signs or words and may be published in newspapers, on TV, online or in other ways. Unlike many other types of injury or breach, in most states the statute of limitations for libel tends to be short. However, there are some exceptions that may help people filing claims for libel.
Other People Are Reading
-
State Time Limits
-
The statute of limitation for libel varies from one state to another and can be different for different forms of libel. For example, Internet libel may have a different statute of limitations than libel in print media. New Hampshire, New Mexico, Vermont, Arkansas and Massachusetts have the longest statutes of limitations for bringing a case--at three years. In all other states, the limit is either one or two years.
Start of the Time Limit
-
The clock on the statute of limitations begins ticking when the libel is first published to the public. This is true no matter how the libel was published. However, if libel is republished in a different form or location, this could start the statute of limitations over. This is called the "single publication rule." Under this rule, the statute of limitations starts running with the first publication or broadcast of the libelous statement. Anytime the same libelous statement is republished or rebroadcast, the statute of limitations "clock" starts again.
-
Internet Time Limit
-
The "single publication rule" also works for online libel. The statute of limitations clock starts to run on the date the libel first appears online. If the libel is not removed from the site and is not changed in any way, the statute of limitations clock will continue to tick--it will not start over no matter how many people look at it or download it. The same is true for linking to sites already published. In a 2007 case, Sundance v. Cone, a federal district court in California held that simply linking to libelous statements published on another website does not count as republication and does not start the statute of limitations clock running again.
Delaying the Time Limit
-
There are some ways to have the statute of limitations extended. If the person being libeled did not discover the libel for some time, he may be able to get the statute of limitations extended. For example, if the libel was published on a TV show and the person being libeled was out of the country when it was shown but found out about it later, a court may decide to start the statute of limitations clock ticking when the libel was discovered rather than when it occurred. This will be decided on a case-by-case basis; there is no hard-and-fast rule.
Extending the Time Limit
-
The statute of limitations can also be extended by the court in a process called tolling. For example, if the person being libeled was on active military duty out of the country when the libel appeared, the court may delay the start of the time limit until after she returns to the United States. It is up to the court to decide what reasons it will accept for tolling the statute of limitations.
-
References
- Photo Credit newspaper image by Christopher Hall from Fotolia.com
