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California defamation law: what you have to prove about an online post

False posts about you can be defamation, but only if they meet a specific legal test. Here is how California courts apply it to the internet.

Updated October 29, 2026. General information about California and federal law, not legal advice.

The short answer. To win a defamation case in California you generally must show that someone published a false statement of fact about you, that it was not privileged, and that it harmed your reputation. You usually have one year to file. Opinions are protected, websites are usually not liable, and anonymous posters must first be identified.

What defamation means in California

California Civil Code section 44 divides defamation into libel and slander. Online posts, reviews, images and videos are usually libel, defined in section 45 as a false and unprivileged publication that exposes a person to hatred, contempt, ridicule or obloquy, causes them to be shunned or avoided, or injures them in their occupation.

The California Supreme Court has summarized the claim as the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or causes special damage (Taus v. Loftus, 40 Cal.4th 683 (2007)).

The elements, one at a time

Publication

The statement was communicated to at least one person other than you. A public post easily meets this.

A statement of fact

Opinion is protected. "This person is the worst manager I have ever had" is opinion. "This person stole money from the company" is a factual claim that can be proven true or false. Courts look at the words, the context and the platform. A statement framed as opinion can still be defamatory if it implies false facts (Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)).

Falsity

Truth is a complete defense. In practice you should expect to prove the statement is false, which can mean proving a negative.

Not privileged

Civil Code section 47 makes some statements privileged, such as statements made in court proceedings or official reports to police. A false police report about you, for example, raises different and harder questions than a blog post.

Harm

Some statements are defamatory on their face, such as false claims that you committed a crime, have a contagious disease or are unfit for your job. Others require proof of specific financial loss.

Fault

If you are a public figure, you must prove actual malice: that the person knew the statement was false or recklessly disregarded the truth (New York Times Co. v. Sullivan, 376 U.S. 254 (1964)). A private person in California generally needs to show only negligence (Brown v. Kelly Broadcasting Co., 48 Cal.3d 711 (1989)).

The one year deadline

Code of Civil Procedure section 340 gives you generally one year to sue for libel. Under California's single publication rule (Civil Code section 3425.3), the clock generally starts when the post first appears, not each day it stays online. Courts have applied this rule to internet posts. If you are trying other routes first, keep the deadline in view.

Why online cases are so hard in practice

  • The website is not liable. Section 230 generally protects sites and search engines, so you must pursue the person who wrote it.
  • The poster may be anonymous. You often need to file a lawsuit against an unnamed defendant and subpoena records before you know who to sue.
  • Anti SLAPP risk. If the defendant brings a successful anti SLAPP motion, you may be ordered to pay their attorney fees.
  • Cost and time. A full defamation case can take years and cost far more than most people can afford.
  • Winning may not remove it. In Hassell v. Bird, 5 Cal.5th 522 (2018), a plaintiff who won a defamation judgment still could not force Yelp, which was not a party, to remove the reviews.

What Right to Remove wants to change

Most people targeted by false posts do not want money. They want a court to say the post is false so they can get it taken down. Our proposal asks California for a fast, low cost falsity ruling with no damages at stake, which search engines and hosts can then act on.

Common questions

Is an online post libel or slander?

Written posts, reviews, images and videos posted online are generally treated as libel under California Civil Code section 45, because they are fixed in a form people can read or view.

What is the deadline to sue for online defamation in California?

Generally one year from first publication, under Code of Civil Procedure section 340. California follows the single publication rule, so the clock usually does not restart each day the post stays online.

Can a negative review be defamation?

Honest opinions and complaints about real experiences are protected. A review can be defamatory if it states or clearly implies false facts, such as inventing a crime, a diagnosis or an event that never happened.

Can I sue the website instead of the poster?

Usually not. Section 230 generally protects websites and search engines from liability for content posted by users. The person who wrote the post remains responsible for it.

This guide explains the law in general terms and may not fit your situation. Deadlines in these cases are short, so talk to a California lawyer about your facts. The State Bar of California certifies lawyer referral services.