Guide to Wisconsin 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, Wisconsin law provides specific remedies to help you fight back and restore your good name.

Under Wisconsin law, defamation requires proving three elements: (1) a false statement, (2) communicated to a third party, and (3) the communication is unprivileged and harms reputation. Wisconsin recognizes both written defamation (libel) and spoken defamation (slander), with different standards for private individuals versus public figures. The state imposes a three-year statute of limitations, recognizes defamation per se for inherently harmful statements, and allows various defenses including truth, opinion, and privilege. Wisconsin courts have jurisdiction over out-of-state defendants when sufficient connections to the state exist.

What is Defamation Under Wisconsin Law?

Defamation in Wisconsin refers to a false statement communicated to someone other than the person defamed that harms their reputation. The state recognizes two forms of defamation:

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

Wisconsin courts define defamation as a communication that is “unprivileged and tends to harm one’s reputation so as to lower him or her in the estimation of the community or to deter third parties from associating or dealing with him or her.”

Wisconsin recognizes defamation by implication and innuendo, where the defamatory meaning arises not just from direct statements but from context, juxtaposition, or reasonable inferences. For example, in a 2015 case, a defendant created a false Facebook profile in a university professor’s name and used it to post comments attacking the professor’s character. The court found this action defamatory even though the statements weren’t directly attributed to the defendant.

What Are the Elements of a Defamation Claim in Wisconsin?

To succeed in a Wisconsin defamation lawsuit, plaintiffs must prove three essential elements:

A False Statement

The statement in question must be demonstrably false. Truth is an absolute defense to defamation in Wisconsin, though the statement need only be “substantially true” rather than true in every particular detail.

For example, in one case, high school students sued for defamation after a parent wrote a letter to the athletic director accusing them of harassing and photographing his daughter in the locker room. Because the parts of the letter the students claimed were false could cause them no more harm than the parts they admitted to, the court held that the letter was substantially true and dismissed their claim.

Communication to a Third Party

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

Wisconsin law requires that there be “certainty” as to the identity of the person defamed, found “from the words themselves.” However, the person need not be specifically named. Identity is established if it is ascertainable from the statement or context.

Unprivileged Communication That Harms Reputation

The statement must not be protected by any legal privilege, and it must tend to harm the plaintiff’s reputation in a way that would lower them in the estimation of the community or deter others from associating with them.

For example, in a case involving RipoffReport.com, an electronics distributor accused a supplier of grand larceny for accepting payment and failing to deliver products. The court held that because the posts were made on a non-government website, they did not qualify for any privilege and were sufficient to support a defamation claim.

What is Defamation Per Se in Wisconsin?

Wisconsin recognizes certain categories of statements as defamation per se—statements so inherently harmful that a plaintiff need not prove actual damages. These include:

1. Statements alleging a criminal offense
2. Statements alleging a loathsome disease
3. Statements alleging unchastity
4. Statements regarding the plaintiff in their business or profession

For example, a statement falsely ascribing a criminal history to an innocent person was ruled to be defamatory per se in Wisconsin.

All printed libel (written defamation) and slander per se are actionable without proving actual monetary loss or special damages. However, even if a statement constitutes slander per se, a plaintiff cannot recover damages if they fail to allege reputational harm flowing from the statement.

For statements that don’t fall into these categories (defamation per quod), the plaintiff must prove that the defamation caused them harm in either monetary loss or special damages.

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

Wisconsin 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 Wisconsin have greater protection under defamation law. To succeed in a defamation claim, private plaintiffs must prove:

• The defendant communicated a false statement with ordinary negligence (failure to exercise reasonable care)
• The statement caused actual damage to the plaintiff’s reputation or falls into a category of defamation per se

Private figures have not voluntarily placed themselves in the public spotlight and therefore deserve a higher degree of privacy protection.

Public Figures

Wisconsin recognizes several categories of public figures who face a higher burden of proof in defamation cases:

• Public Officials: Government employees who hold positions of substantial responsibility or influence
• All-Purpose Public Figures: Individuals who have achieved pervasive fame or notoriety
• 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. This requires showing the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Wisconsin applies a subjective test for actual malice, requiring the plaintiff to show that the defendant “knew the statement was false, in fact entertained serious doubts as to the truth of the publication, or had a high degree of awareness of probable falsity.” Mere failure to investigate does not create actual malice, nor does an erroneous interpretation of ambiguous facts.

For example, when an activist posted a press release accusing a well-known preacher of inciting violence against the LGBT community, the court held that because the words of the preacher’s sermon were ambiguous, the activist’s interpretation was reasonable and the preacher could not show actual malice as a matter of law.

What Are Common Defenses to Defamation in Wisconsin?

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

Truth

Truth is an absolute defense to defamation in Wisconsin. If the statement in question is substantially true, even if it contains minor inaccuracies, the defendant cannot be held liable.

Wisconsin applies the doctrine of substantial truth, which requires only that the “sting” or “gist” of the statement be true. Minor inaccuracies do not make a statement false for defamation purposes.

Opinion

Statements of opinion that cannot be proven true or false are generally protected from defamation claims. Following the Restatement, Wisconsin courts refer to the common law protection afforded expressions on matters of public interest as the privilege of fair comment.

For example, after a performer emailed her customer to complain about her performance being posted online, the customer distributed the performer’s email with a notation characterizing it as “overzealous,” “litigious” and “heavy-handed.” The court held that such characterizations merely expressed the author’s opinion about the email and were thus not defamatory.

Privilege

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

Absolute Privilege

Statements made during judicial, legislative, or administrative proceedings are absolutely privileged in Wisconsin. This protection applies even if the statements were made with malice.

Wisconsin recognizes absolute privilege for:

• Participants in judicial and quasi-judicial proceedings
• Statements made to a grand jury or district attorney
• Statements made by high-ranking executive government officials carrying out their duties

For example, defamatory statements made by a defense attorney in court filings regarding a pending case concerning photographs posted to the Internet were held to be absolutely privileged.

Qualified Privilege

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

• Statements to law enforcement officers
• Employment references
• Credit bureau reports
• Reports of judicial and legislative proceedings
• Communications between persons with a common interest

Unlike absolute privilege, qualified privilege can be defeated if the plaintiff proves the defendant abused the privilege by making the defamatory statement with reckless disregard for its truth.

Communications Decency Act (Section 230)

Section 230 of the Communications Decency Act immunizes websites and Internet service providers from defamation claims for content posted by third parties. This defense is commonly relied upon by user-generated content platforms like Facebook, Reddit, and Pinterest.

The Wisconsin Supreme Court has held that the CDA provides immunity to websites even when their design features are used for unlawful purposes, as long as those features can also be used for lawful purposes.

What is the Statute of Limitations for Wisconsin Defamation Claims?

Wisconsin imposes a three-year statute of limitations for both libel and slander claims, making it one of the longest defamation statutes of limitations in the United States.

The clock starts running on the first day of publication. Wisconsin has adopted the single publication rule, which means that when something is published repeatedly or continuously (such as an online publication), the statute of limitations begins when the defamatory material was first published.

However, in cases where a defendant continues to post new defamatory material attacking the plaintiff, the continuous course of conduct is not considered a single publication, and the statute of limitations does not begin to run until after the defendant’s last post.

For example, in 2007, the Brewers Baseball Club posted allegedly defamatory information about a fan to TheSmokingGun.com. The fan’s defamation claims failed because she filed them in 2010, after the three-year statute of limitations had already passed.

What Damages Can Be Recovered for Defamation in Wisconsin?

Wisconsin 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. Damages are presumed in pleadings alleging libel or slander per se.

However, in an action against a news media defendant, a plaintiff is not entitled to presumed damages absent proof of actual malice.

Actual Damages

Actual damages compensate the plaintiff for real harm suffered, including:

• Special damages, such as loss of income
• General damages for injury to reputation
• Mental suffering caused by the defamatory statement

In slander per quod actions (those not falling into the per se categories), plaintiffs must plead special damages that were suffered as a result of the defamation. It is not sufficient to plead only expenses that would have been incurred absent the defamation.

Punitive Damages

Wisconsin allows punitive damages upon evidence “showing that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.” Plaintiffs cannot recover punitive damages against a media defendant absent proof of “actual malice” by clear and convincing evidence.

Since 2011, punitive damages have been limited to twice the compensatory damages or $200,000, whichever is greater.

Frequently Asked Questions About Wisconsin Defamation Law

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

Wisconsin does have criminal defamation statutes that classify the publication of defamatory matter to a third person with the “intent to defame” as a misdemeanor. However, truth, good motive, and privilege are statutorily recognized defenses to criminal defamation claims. Most defamation cases are handled through civil lawsuits rather than criminal charges.

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

Winning a defamation lawsuit in Wisconsin can be challenging due to several factors:

1. The need to prove all three elements of defamation
2. The various defenses available to defendants, including truth and opinion
3. Public figures face the additional hurdle of proving actual malice
4. The requirement to plead special damages in slander per quod cases

Success often depends on having clear evidence of the false statement, its publication, and the resulting harm.

How Long Do Defamation Cases Take in Wisconsin?

Most Wisconsin 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 Wisconsin Have an Anti-SLAPP Statute?

No, Wisconsin does not have Anti-SLAPP (Strategic Lawsuits Against Public Participation) statutes to protect defendants from lawsuits intended to silence their exercise of free speech rights.

What Should I Look for in a Defamation Attorney?

When selecting an attorney for your Wisconsin defamation case, look for:

1. Experience with defamation law: Choose an attorney who specializes in defamation cases and understands Wisconsin’s specific legal requirements
2. Digital expertise: For online defamation, seek an attorney familiar with internet platforms, content removal procedures, and digital evidence preservation
3. Track record: Ask about their success rate in similar cases and request references
4. Communication style: Ensure they explain complex legal concepts clearly and keep you informed throughout the process
5. Fee structure: Understand their billing practices and what expenses you might incur

Can Wisconsin Defamation Defendants Retract or Correct Defamatory Statements?

Yes. A libeled person must provide “those alleged to be responsible” a reasonable opportunity to correct the libelous material before commencing any civil action arising out of a publication in any newspaper, magazine, or periodical. If a plaintiff fails to first demand a retraction of alleged libel in such publications, dismissal is mandated.

Publication of a correction eliminates any claim for punitive or presumed damages and may be evidence of mitigation of actual damages. However, the retraction statute only applies to magazines, newspapers, and periodicals—not to other publications such as computer bulletin boards or websites.

Work With the Wisconsin Defamation Lawyers of Minc Law

If you’re facing defamation in Wisconsin, the experienced attorneys at Minc Law can help protect your reputation and seek appropriate remedies. Our team has removed over 50,000 pieces of defamatory online content and litigated in over 26 states and 5 countries.

When you work with Minc Law, you can expect:

• Courtesy and respect: We understand how invasive and overwhelming false attacks can be and will treat your case with the seriousness it deserves
• Open dialogue and communication: We’ll keep you updated throughout the removal process and promptly respond to your questions
• Results: We’ve worked successfully with numerous website administrators, content managers, and third-party arbitration firms to secure swift and permanent removals

Don’t let defamation control your narrative. Contact Minc Law today to schedule your free, initial no-obligation consultation. Let us help you take back your online reputation and start controlling your internet presence today.