Guide to Colorado Defamation Law: Libel and Slander

When false statements damage your reputation, the emotional toll can be devastating. You may feel angry, betrayed, and powerless as you watch your personal and professional standing suffer from someone else’s malicious words. These feelings are entirely valid—defamation strikes at the core of your identity and can impact every aspect of your life, from relationships to career opportunities. While the damage may feel overwhelming, Colorado law provides specific remedies to help you fight back and restore your good name.

Under Colorado law, defamation is defined as a statement that tends to harm a person’s reputation by lowering them in the estimation of at least a substantial and respectable minority of the community. To prevail in a defamation claim, plaintiffs must prove four elements: (1) a false statement was published, (2) the statement was false, (3) the statement was made with knowledge of or reckless disregard for its falsity, and (4) the statement caused damage to the plaintiff. Colorado applies different standards of proof for private individuals versus public figures and recognizes the doctrine of substantial truth when analyzing whether a statement is defamatory.

What is Defamation Under Colorado Law?

Defamation in Colorado refers to false statements that harm a person’s reputation by prejudicing or lowering them in the estimation of at least a substantial and respectable minority of the community. The state recognizes two forms of defamation:

• Libel: Written or published false statements (including photographs, videos, and other media preserved in a tangible format) that damage someone’s reputation
• Slander: Spoken false statements that harm another person’s reputation

For a statement to be considered defamatory under Colorado law, courts must consider the context of the entire story and the common meaning of the words used. Colorado recognizes the doctrine of substantial truth, which means that if the “gist” or “sting” of a statement is substantially true despite minor inaccuracies, it will not be considered defamatory.

What Are Elements of a Defamation Claim in Colorado?

To succeed in a Colorado defamation lawsuit, plaintiffs must prove four essential elements:

Publication

The false statement must be communicated to at least one person other than the plaintiff. This “publication” requirement ensures that the statement actually reached others who might form a negative opinion about the plaintiff.

In today’s digital age, publication can occur through various channels, including social media posts, online reviews, emails, text messages, or traditional media.

False Statement of Fact

The statement in question must be demonstrably false rather than a matter of opinion or hyperbole. Colorado courts distinguish between statements that can be proven true or false versus subjective opinions that cannot be verified.

When determining if a statement is false, Colorado applies the incremental harm analysis, which measures the damage inflicted by the challenged statements beyond the damage caused by non-actionable portions of the publication.

Made With Knowledge of or Reckless Disregard for Falsity

The level of fault required depends on the plaintiff’s status and the nature of the issue:

• For private figures on matters of private concern: negligence standard
• For public figures or matters of public concern: actual malice standard (knowledge of falsity or reckless disregard for the truth)

Colorado defines actual malice as a subjective standard, requiring proof that the defendant actually had serious doubts about the truth of their statement, not merely that they should have had such doubts. As one Colorado court noted, “The fact that a reasonably prudent person would not have published the defamatory statement or would have investigated before publishing does not suffice to show actual malice.”

Caused Damage to the Plaintiff

The plaintiff must demonstrate that the false statement caused actual harm to their reputation. This can include damage to professional standing, loss of business opportunities, emotional distress, or other measurable impacts.

What Are the Standards For Private vs. Public Figures in Colorado?

Colorado follows federal precedent in distinguishing between private and public figures in defamation cases, with different standards of proof required for each category.

Private Figures

Private individuals in Colorado have greater protection under defamation law. When the matter involves a private concern, private plaintiffs must prove:

• The defendant communicated a false statement with ordinary negligence
• The statement caused actual damage to the plaintiff’s reputation

However, if the matter involves public concern, even private figures must prove actual malice.

Public Figures

Public figures face a higher burden of proof in defamation cases. Colorado recognizes several categories of public figures:

• Public Officials: Government employees who occupy positions with potential for social harm if abused
• General Purpose Public Figures: Individuals who have assumed roles of special prominence in society (celebrities, politicians, etc.)
• Limited-Purpose Public Figures: Persons who have thrust themselves to the forefront of particular public controversies

Public figures must prove the defendant acted with actual malice when publishing the defamatory statement, meaning the defendant knew the statement was false or acted with reckless disregard for its truth.

In one notable case, a Colorado court found actual malice when a journalist published an article accusing local parks and recreation officials of accepting inappropriate gifts from a ski lodge, as the journalist’s investigation was deemed “grossly inadequate.”

What Are Common Defenses to Defamation in Colorado?

Defendants in Colorado defamation cases can assert several defenses to avoid liability:

Opinion

Statements of opinion that cannot be proven true or false are generally protected from defamation claims. Colorado uses a contextual approach to distinguish statements of opinion from statements of fact.

When a statement is based upon disclosed facts, with no suggestion that it is based upon undisclosed information, the statement is considered “pure opinion” and not actionable. Examples include:

• Statements in online discussion groups calling someone a “charlatan”
• Social media posts characterized as rhetorical hyperbole
• A statement that an art dealer’s company was “comparable to the ‘Man in Black’ for Mozart” was ruled not defamatory per se as it lacked verifiable factual assertions

Truth

Truth is an absolute defense to defamation in Colorado. The literal truth of every word is not required, as long as the “gist” or “sting” of the published matter is substantially true.

The question is whether the publication as a whole “produces a different effect upon the reader than that which would be produced by the literal truth of the matter.”

In a 2018 Colorado case, a man posted a comment online regarding two companies being fined for colluding to defraud the US government. When one company sued for defamation, the court dismissed the claim because the man’s post was substantially true, even though the companies had settled their lawsuit before judgment.

Privilege

Certain communications are protected by privilege, even if they contain defamatory content:

Absolute Privilege

Colorado courts take a broad view of absolute privilege, which attaches to publications made in the course of and reasonably related to judicial, quasi-judicial, or legislative proceedings. This includes:

• Statements made during court proceedings
• Testimony in criminal proceedings
• Grand jury proceedings

It’s worth noting that under Colorado law, attorneys do not enjoy absolute privilege when making statements to the press or posting statements on the Internet to publicize a case.

Qualified Privilege

Communications made in good faith between parties with a common interest or duty are protected by qualified privilege. This includes:

• Statements concerning a plaintiff’s business integrity
• Employer communications to employees
• Reports of sexual harassment to employers
• Communications to homeowners’ associations about job applicants
• Statements made in legitimate labor grievance proceedings

Unlike absolute privilege, qualified privilege can be defeated if the plaintiff proves the defendant acted with actual malice.

Statutory Privilege

Colorado law provides specific statutory privileges for certain communications:

• Child abuse reporting: Colorado law protects statements concerning child abuse made in good faith
• Public employees: The Colorado Public Immunity Statute provides immunity for torts committed by public employees unless the conduct is “willful or wanton”
• Professional board complaints: Colorado law provides statutory immunity to those who make statements or complaints to professional boards in good faith

Fair Report Privilege

Colorado recognizes the common law privilege to publish accurate reports of official actions in judicial and other public proceedings. This protection allows journalists and others to report on official government documents and proceedings without fear of liability, provided the reporting is fair and accurate.

What Damages Can Be Recovered for Defamation in Colorado?

Colorado law recognizes several types of damages in defamation cases:

Presumed Damages

In cases of defamation per se (statements so inherently harmful that damage is presumed), plaintiffs need not prove actual injury. Colorado recognizes defamation per se for statements that:

• Accuse someone of having committed a crime
• Impute an infectious disease upon someone
• Impute sexual promiscuity or unchastity
• Prejudice someone in their profession, trade, or business

However, presumed damages are not recoverable by public figures or by private individuals when the publication involves a matter of public concern.

Actual Damages

For defamation per quod (statements requiring additional context to be defamatory), plaintiffs must prove actual damages, which can include:

• Economic damages
• Reputational damages
• Personal humiliation
• Emotional distress
• Mental anguish and suffering

Colorado courts have noted that damages for personal humiliation, emotional distress, and mental anguish do not require initial proof of reputation or economic loss. The Colorado Court of Appeals has recognized that new methods exist for proving economic and reputational damages in defamation cases, including expert testimony.

Punitive Damages

In cases involving particularly egregious conduct, Colorado allows for punitive (exemplary) damages to punish the defendant. To recover punitive damages, the plaintiff must prove the injury was attended by circumstances of:

• Fraud
• Malice
• Insult
• Willful and wanton conduct

The amount of exemplary damages generally may not exceed the amount of actual damages awarded, although courts have discretion to increase punitive damages to up to three times the actual damages in aggravated circumstances. Evidence of a defendant’s income or net worth may not be considered in determining the amount of punitive damages.

What Is The Statute of Limitations for Colorado Defamation Claims?

Colorado imposes a one-year statute of limitations for defamation claims. This means plaintiffs must file their lawsuit within one year after the cause of action accrues, which is the date that both the injury and its cause are known or reasonably should have been known through reasonable diligence.

An action for trade libel, however, is subject to a two-year general tort statute of limitations.

Colorado has not legislatively adopted the Uniform Single Publication Act, but courts have indicated they would likely apply the single publication rule to Internet publications. This means that each subsequent rereading of a publication by other persons is not a separate publication for which a defendant can be held liable anew.

In one case, a defamation claim stemming from an online listing that mislabeled the plaintiff’s criminal history was denied because the plaintiff waited five years after discovering the mistake to file the claim.

Frequently Asked Questions About Colorado Defamation Law

Can You Press Charges Against Someone for Making False Accusations in Colorado?

While Colorado previously had criminal defamation laws, the legislature repealed C.R.S. § 18-13-105 in 2012. Currently, defamation is primarily handled through civil lawsuits rather than criminal charges. You can sue for damages by proving the four elements of defamation: publication, falsity, fault, and damages.

Colorado does still criminalize certain types of false statements made in commercial contexts, such as making false statements regarding farm products under C.R.S. § 12-16-115.

How Difficult is it to Win a Defamation Lawsuit in Colorado?

Winning a defamation lawsuit in Colorado is challenging due to the short one-year statute of limitations, the need to prove all four elements, and strong available defenses like truth and opinion. Public figures face the additional hurdle of proving actual malice, which requires showing the defendant knew the statement was false or acted with reckless disregard for its truth.

Under Colorado law, defamation claims must be specific, including the exact words being claimed as defamatory, which adds another layer of precision required for a successful claim.

How Long Do Defamation Cases Take in Colorado?

Most Colorado defamation cases take 12-24 months to resolve. Simple cases with clear evidence may settle in under a year, while complex cases involving anonymous defendants or extensive discovery can extend to several years.

Does Colorado Have an Anti-SLAPP Statute?

Yes, Colorado enacted an Anti-SLAPP law in June 2019. C.R.S. § 13-20-1101 creates a special motion to dismiss claims arising from any “act in furtherance of a person’s right of petition or free speech under the United States Constitution or the State Constitution in connection with a public issue.”

An Anti-SLAPP motion must be filed within 63 days after service of the complaint, or later at the court’s discretion. The burden is then on the plaintiff to show a substantial likelihood they will prevail on their claims. Colorado also provides for immediate interlocutory appeals, allowing defendants to hold the case until the court has ruled on the motion. The prevailing party is entitled to costs and reasonable attorney’s fees.

What Should I Look for in a Defamation Attorney?

Look for an attorney with specific defamation experience, digital expertise for online cases, a proven track record, clear communication, and transparent fee structures. A consultation should help determine if they’re the right fit for your specific situation.

When dealing with online defamation, it’s particularly important to find an attorney who understands digital evidence preservation, as documenting and preserving all relevant evidence (including screenshots, URLs, and timestamps) is crucial to building a strong case.

Work With the Colorado Defamation Lawyers of Minc Law

If you’re facing defamation in Colorado, the experienced attorneys at Minc Law can help protect your reputation and seek appropriate remedies. Our team has removed over 200,000 pieces of defamatory online content and litigated over 350 cases in 26 states and five countries, with a proven track record of success.

When you work with Minc Law, you can expect:

• Utmost courtesy and respect: We understand how stressful and overwhelming libelous attacks can be and will treat your case with the seriousness it deserves
• Open communication: We’ll keep you updated throughout the process and promptly respond to your questions
• Proven results: We’ve worked successfully with countless website administrators, content managers, and third-party arbitration firms to secure swift and permanent removals

Remember that defamation can be like a wildfire—the longer it remains online, the more damage it can cause to your reputation. Taking prompt action is essential to limiting harm and preserving your good name.

Don’t let defamation control your narrative. Contact Minc Law today at (216) 373-7706 or through our online contact form below to get a free case review with our team.