South Carolina Defamation Laws: Libel & Slander (2026)

In South Carolina, defamation is a civil claim with a two-year filing deadline under S.C. Code Ann. 15-3-550, which expressly covers actions for libel and slander. South Carolina has no general anti-SLAPP statute, so defamation defendants rely on ordinary motions and the Frivolous Civil Proceedings Act.

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

What counts as defamation in South Carolina?

South Carolina courts have generally required a defamation plaintiff to prove four elements: a false and defamatory statement concerning the plaintiff, an unprivileged publication of that statement to a third party, fault by the publisher amounting at least to negligence, and either that the statement is actionable irrespective of special harm or that special harm in fact resulted. The statement must assert a fact capable of being proven true or false, because pure opinion is constitutionally protected and not actionable. Truth, or substantial truth, is a complete defense in South Carolina. Because S.C. Code Ann. 15-3-550 sets a two-year limitation period for libel and slander, identifying the specific false factual statement and acting promptly are both important early steps. The fault standard turns on whether the plaintiff is a private person or a public figure, a distinction that comes from federal constitutional law applied identically in every state.

Watch out: An honest opinion or a fair comment on disclosed facts is not defamation. Courts ask whether a reasonable listener or reader would understand the words as stating a verifiable fact rather than a subjective view.

Libel vs slander in South Carolina

South Carolina recognizes the traditional split between libel and slander, but both are governed by the same two-year limitation period in S.C. Code Ann. 15-3-550. Libel is written or printed defamation and includes newspaper articles, broadcasts, websites, social media posts, and online reviews. Slander is spoken defamation, such as a defamatory statement made aloud at a meeting or in conversation. The forms share the same basic elements, but South Carolina treats them very differently on the question of presumed damages. Courts have stated that almost all libel is actionable per se, so a written statement that is defamatory on its face supports a presumption of harm. Slander, by contrast, is actionable per se only when it falls within a defined category, and otherwise requires proof of special damages.

Defamation per se in South Carolina

Defamation per se in South Carolina refers to statements so inherently harmful that the law presumes injury to reputation, so the plaintiff need not prove specific economic loss. For libel, South Carolina courts have observed that almost all written defamation is actionable per se when the words are defamatory on their face. For slander, the categories are narrower: South Carolina recognizes spoken statements that impute the commission of a crime of moral turpitude, that the plaintiff has a loathsome or contagious disease, that the plaintiff committed adultery or is unchaste, or that the plaintiff is unfit in a business, trade, or profession. One of those categories also has a statutory form: S.C. Code Ann. 15-75-10 makes a person who utters or publishes words imputing a want of chastity to a female liable for damages in a civil action "without proving any special damage." That section is sex-specific and reflects a much older view of reputation, so its modern viability is doubtful, but it has not been repealed. When a statement is actionable per se, South Carolina courts have generally presumed both common-law malice and general damages, which relieves the plaintiff of proving particular dollar losses. Statements outside these categories are actionable per quod and require proof of special damages, meaning concrete economic harm flowing from the publication.

The statute of limitations to sue for defamation in South Carolina

The statute of limitations for defamation in South Carolina is two years. S.C. Code Ann. 15-3-550(1) provides that an action for libel, slander, or false imprisonment must be commenced within two years. This window is shorter than the three-year period that applies to many other personal injury claims in South Carolina, so defamation plaintiffs have comparatively little time to act. The clock generally begins to run on the date the defamatory statement is first published to a third party. South Carolina has not enacted a single-publication statute, but courts applying South Carolina law have generally measured the period for a book, broadcast, or online post from the date of first publication rather than restarting it each time someone reads, shares, or downloads the material. Substantively modifying content or republishing it to reach a new audience can restart the period, so prompt action is wise.

Watch out: The two-year clock generally runs from the date of first publication, not from when you discover the statement. Waiting too long can bar an otherwise strong claim.

South Carolina's anti-SLAPP law

South Carolina does not have a general anti-SLAPP statute. SLAPP stands for strategic lawsuit against public participation, a suit filed primarily to silence or burden someone for speaking on a public issue. Many states have adopted anti-SLAPP laws that let a defendant file an early special motion to dismiss, pause discovery, and recover attorney's fees if the suit targets protected speech, but South Carolina has not enacted one despite proposed bills in past sessions. As a result, a South Carolina defendant facing a meritless speech-based suit must rely on ordinary procedural tools, such as a motion to dismiss or a motion for summary judgment, and on the Frivolous Civil Proceedings Sanctions Act in S.C. Code Ann. 15-36-10, which allows sanctions and fee awards for frivolous filings. Those tools generally lack the speed, the automatic discovery stay, and the mandatory fee-shifting found in dedicated anti-SLAPP statutes, so speech defendants in South Carolina have fewer early protections than in many other states.

Public figures and actual malice

The level of fault a South Carolina defamation plaintiff must prove turns on who they are, and that rule comes from federal constitutional law applied identically in every state. Under New York Times Co. v. Sullivan, 376 U.S. 254 (1964), a public official suing over statements about official conduct must prove actual malice, meaning the speaker knew the statement was false or acted with reckless disregard for its truth. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), extended actual malice to public figures and held that private plaintiffs need only prove negligence, although they generally must show actual injury when the speech involves a matter of public concern. Actual malice must be proven by clear and convincing evidence, a higher standard than the usual preponderance. In South Carolina defamation litigation, whether the plaintiff is a public official, a public figure, or a private person is often the decisive issue.

Damages you can recover in South Carolina

A defamation plaintiff in South Carolina may recover several types of damages. Special damages cover concrete economic losses, such as lost wages, lost clients, or lost business directly caused by the defamatory statement, and they must be pleaded and proven where the claim is not actionable per se. General damages compensate for reputational harm, mental anguish, and humiliation. When the defamation is actionable per se, South Carolina courts have generally presumed both common-law malice and general damages, so the plaintiff need not prove a specific dollar loss. Punitive damages may be available where the plaintiff shows the defendant acted with actual malice or reckless disregard, though Gertz v. Robert Welch, Inc. can require proof of actual injury before presumed or punitive damages are awarded in cases involving private plaintiffs and matters of public concern. The mix of damages a court will consider depends heavily on whether the statement is per se actionable.

How to sue for defamation in South Carolina

Pursuing a South Carolina defamation claim generally follows a sequence, though the right path depends on the facts. Many plaintiffs start by preserving evidence, including the exact statement, the date and place it was published, and who saw or heard it, because the deadline is generally measured from first publication. Some plaintiffs send a cease-and-desist letter or a retraction demand, which can prompt a correction and document the dispute, though South Carolina does not have a general statutory retraction procedure that automatically reduces damages. A plaintiff then files a complaint in the appropriate South Carolina circuit court within the two-year period set by S.C. Code Ann. 15-3-550. Because South Carolina lacks an anti-SLAPP statute, defendants typically respond with a motion to dismiss or for summary judgment rather than a special speech motion. Given the short deadline and the per se rules, consulting a licensed South Carolina attorney early is wise. This article is general information, not legal advice.

How to Sue for Defamation of Character in South Carolina

To sue for defamation of character in South Carolina, a plaintiff generally must file within two years of the defamatory statement, under S.C. Code 15-3-550(1), which sets a two-year limitations period for libel and slander. The case is filed in the Court of Common Pleas for the county where the defendant lives or where the harm occurred, and the elements and defenses follow the national rules: a false statement of fact, published to a third party, that injures reputation, with public figures also having to prove actual malice. Truth and protected opinion are defenses. South Carolina recognizes certain statements as defamatory per se (such as accusing someone of a crime), which can ease the proof of damages, but the two-year filing window still applies from publication.

• Statute of limitations: 2 years (S.C. Code 15-3-550(1))
• Where to file: Court of Common Pleas (county where the defendant resides or the harm occurred)
• Damages: No statutory cap specific to defamation; compensatory and, where malice is shown, punitive damages may be available under general tort rules
• Anti-SLAPP: None. South Carolina has no anti-SLAPP statute, so there is no special early-dismissal motion or automatic fee-shifting for a defendant facing a weak defamation suit; defendants rely on ordinary motions to dismiss or for summary judgment.

Is defamation a crime in South Carolina? Not in practice. South Carolina still carries a criminal libel and slander statute in its code (S.C. Code 16-7-150), a misdemeanor punishable by a fine of up to $5,000 or up to one year in prison, but a federal court struck it down in Fitts v. Kolb, 779 F. Supp. 1502 (D.S.C. 1991), declaring that the statute, "as presently drafted, is overbroad and vague in violation of the First and Fourteenth Amendments to the United States Constitution." The General Assembly has not rewritten it since, so the section remains on the books but is not a realistic basis for prosecution, and defamation in South Carolina is pursued as a civil claim.

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

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