Colorado Defamation Laws: Libel & Slander (2026)

In Colorado, defamation is a civil claim covering libel (written) and slander (spoken), and you generally have one year to sue from when the statement is published, under C.R.S. section 13-80-103(1)(a). Colorado also enacted an anti-SLAPP statute in 2019 to deter lawsuits that target protected speech.

This guide is part of our Defamation Laws by State series. For the underlying concept, see what defamation of character means.

What counts as defamation in Colorado?

Defamation in Colorado is a false statement of fact, communicated to a third party, that is of and concerning the plaintiff and causes reputational harm with the required degree of fault. Colorado courts have generally held that a plaintiff must prove a defamatory statement that is false, published to someone other than the plaintiff, made with the degree of fault Colorado requires, and resulting in damage (unless the statement is defamation per se, where damage is presumed). Colorado sets that fault bar higher than many states. A public official or public figure, and also a private plaintiff suing over a statement on a matter of public interest or general concern, must prove falsity and either knowledge of falsity or reckless disregard for the truth, and must prove both by clear and convincing evidence. Ordinary negligence is enough only where a private person sues over a purely private matter. The statement must assert a fact that can be proven false; pure opinion that does not imply undisclosed facts is not actionable. Truth, or substantial truth, is a complete defense in Colorado. Statements must reasonably be understood to refer to the plaintiff, and certain communications, such as those made in judicial proceedings, are privileged.

Watch out: Calling a statement "just my opinion" does not automatically protect it. Colorado courts look at whether the statement implies provably false facts in context.

Libel vs slander in Colorado

Colorado, like most states, divides defamation into libel and slander based on the form of the statement. Libel is defamation in a written or otherwise permanent form, which includes newspapers, letters, emails, social media posts, and online reviews. Slander is spoken or transitory defamation, such as a verbal accusation made in front of others. The practical importance lies in proving damages: certain categories qualify as defamation per se, where harm is presumed, while other defamatory statements (per quod) require the plaintiff to prove actual or special damages. Colorado courts have applied these distinctions consistently, treating digital publications as libel because they are fixed and accessible over time. Regardless of form, the elements remain the same: a false statement of fact, published to a third party, concerning the plaintiff, with fault, that causes harm to reputation.

Defamation per se in Colorado

Defamation per se in Colorado is a statement so inherently harmful that the law presumes reputational injury without proof of specific loss. Colorado courts have generally recognized the traditional per se categories: imputing a criminal offense, imputing a loathsome or communicable disease, statements that injure a person in their trade, business, office, or profession, and imputing unchastity or sexual misconduct. When a statement falls within one of these categories and is defamatory on its face without needing explanatory facts, the plaintiff may recover general damages without itemizing economic loss. Statements that are defamatory only when paired with extrinsic facts are treated as defamation per quod and require proof of special damages. Importantly, even where damages are presumed under state law, federal constitutional rules require a private plaintiff suing over a matter of public concern to prove actual malice to obtain presumed or punitive damages.

The statute of limitations to sue for defamation in Colorado

The statute of limitations for defamation in Colorado is one year, set by C.R.S. section 13-80-103(1)(a), which groups libel and slander with assault, battery, false imprisonment, and false arrest. The one-year period runs from when the cause of action accrues, which is generally when the defamatory statement is published. Colorado applies the single-publication rule, so a single edition of a publication or a single online posting is treated as one publication that starts the clock once, rather than restarting each time the content is viewed. Because one year is a short window, a plaintiff who waits is at serious risk of having the claim barred regardless of its merits. Where defamation is concealed, courts may apply a discovery rule that delays accrual until the plaintiff reasonably should have discovered the statement, but plaintiffs should not assume that exception applies.

Watch out: Colorado's one-year clock usually starts at publication, not when you find out. Old online posts can be time-barred by the time you discover them.

Colorado's anti-SLAPP law

Colorado enacted its anti-SLAPP statute, C.R.S. section 13-20-1101, in 2019, giving defendants a tool to dispose of meritless lawsuits that target protected speech early. The statute lets a defendant file a special motion to dismiss a claim arising from an act in furtherance of the right of petition or free speech in connection with a public issue. The court applies a burden-shifting framework: the defendant first shows the claim arises from protected activity, then the plaintiff must establish a reasonable likelihood of prevailing on the claim. The statute is modeled closely on California's section 425.16, and Colorado courts have looked to California case law for guidance. A defendant generally must file the motion within 63 days after service of the complaint. If the motion succeeds, the prevailing defendant may recover attorney fees and costs, which discourages the filing of speech-chilling suits.

Public figures and actual malice

The fault a defamation plaintiff must prove depends on whether they are a public or private figure, a rule grounded in federal constitutional law that applies identically across all states. Under New York Times Co. v. Sullivan, 376 U.S. 254 (1964), a public official must prove actual malice, meaning the defendant knew the statement was false or acted with reckless disregard for the truth. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) extended actual malice to public figures and left each state free to set the fault standard for private plaintiffs, so long as it does not impose liability without fault. Colorado chose a standard stricter than negligence. In Walker v. Colorado Springs Sun, Inc., 538 P.2d 450 (Colo. 1975), the Colorado Supreme Court rejected the negligence standard of liability and adopted the New York Times standard for a private plaintiff suing over a publication on a matter of public interest, and Diversified Management, Inc. v. Denver Post, Inc., 653 P.2d 1103 (Colo. 1982) applied the reckless disregard definition in cases involving matters of public interest or general concern as well as those brought by public officials and public figures. Colorado's pattern civil jury instruction 22:1 accordingly asks the jury to find falsity and knowledge of falsity or reckless disregard by clear and convincing evidence in those cases. The older common-law treatment, without that heightened showing, is reserved for a private person suing over a purely private matter under instruction 22:4. A plaintiff may be a general-purpose public figure, known widely, or a limited-purpose public figure who has voluntarily entered a specific public controversy.

Damages you can recover in Colorado

Colorado allows special, general, and punitive damages in defamation cases, with availability shaped by the type of statement and the plaintiff's status. Special damages are proven economic losses, such as lost customers, contracts, or income, that the plaintiff must document. General damages compensate for harm to reputation and emotional distress; these are presumed when the statement is defamation per se, so the plaintiff need not prove a specific dollar figure. Exemplary (punitive) damages may be available under C.R.S. section 13-21-102 where the injury is attended by circumstances of fraud, malice, or willful and wanton conduct. The heightened burden of proof comes from a separate statute: C.R.S. section 13-25-127(2) allows exemplary damages only where the party asserting the claim proves the wrong beyond a reasonable doubt. An exemplary award may not exceed the actual damages awarded under section 13-21-102(1)(a), though a court may increase it to as much as three times actual damages in the circumstances listed in section 13-21-102(3). Federal constitutional rules add an overlay: on matters of public concern, a plaintiff must show actual malice before recovering presumed or punitive damages, even where Colorado law would otherwise presume harm.

How to sue for defamation in Colorado

Suing for defamation in Colorado generally follows a recognizable sequence, described here in general terms rather than as advice for any specific case. Plaintiffs often begin with a cease-and-desist or retraction demand asking the speaker to correct or remove the statement. Next comes preserving evidence: the exact words, the date, where it was published, screenshots with URLs, and proof the statement reached a third party. Plaintiffs should then assess the one-year deadline under C.R.S. section 13-80-103(1)(a) and the risk of an anti-SLAPP motion under C.R.S. section 13-20-1101, which can shift attorney fees to a losing plaintiff if the statement involved a public issue. The complaint is filed in the appropriate Colorado district or county court, identifying the false statement, its publication, and the resulting harm. Given the short deadline and anti-SLAPP exposure, consulting a lawyer licensed in Colorado is the sensible step.

How to Sue for Defamation of Character in Colorado

To sue for defamation of character in Colorado, a plaintiff generally must file within one year of the defamatory publication under C.R.S. 13-80-103(1)(a), which sets a one-year limit for libel and slander actions. Because this is a short window, acting promptly matters. Defamation cases belong in Colorado district court or county court, never in small claims court. C.R.S. 13-6-403(2)(b) withholds small claims jurisdiction over actions involving claims of defamation by libel or slander, and the Colorado Judicial Branch small claims brochure says the same. County court shares jurisdiction with the district court over tort claims up to $25,000 under C.R.S. 13-6-104(1), and larger claims go to district court. Filing in the wrong court risks dismissal for lack of jurisdiction, which is a serious hazard when the one-year limit under C.R.S. 13-80-103(1)(a) can expire while the mistake is being sorted out. The elements you must prove (a false statement of fact, publication to a third party, fault, and harm to reputation) and the available defenses (truth, privilege, and opinion) follow the same national rules covered in our main guide.

• Statute of limitations: 1 year (C.R.S. 13-80-103(1)(a))
• Where to file: Colorado district court, or county court for claims up to $25,000 (C.R.S. 13-6-104(1)). Small claims court cannot hear libel or slander claims (C.R.S. 13-6-403(2)(b))
• Damages: No statutory cap on compensatory damages. Exemplary damages are capped at the amount of actual damages awarded (C.R.S. 13-21-102(1)(a)), increasable to up to three times actual damages under 13-21-102(3), and must be proven beyond a reasonable doubt (C.R.S. 13-25-127(2))
• Anti-SLAPP: Strong. Colorado's anti-SLAPP statute (C.R.S. 13-20-1101) lets a defendant file a special motion to dismiss a suit over protected speech early, stays discovery, and allows fee recovery for a prevailing defendant.

Is defamation a crime in Colorado? No. Colorado's former criminal libel statute (C.R.S. 18-13-105) was repealed by the legislature in 2012 after constitutional challenges, so defamation is now handled as a civil matter through a private lawsuit for damages.

For the full step-by-step, see How to Sue for Defamation of Character.

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