Tennessee Defamation Laws: Libel & Slander (2026)

In Tennessee, defamation is a civil claim with two different deadlines: spoken slander must be sued on within six months under Tenn. Code Ann. 28-3-103, while written libel carries a one-year deadline under Tenn. Code Ann. 28-3-104. Tennessee also has an anti-SLAPP statute, the Tennessee Public Participation 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 Tennessee?

Tennessee courts have generally required a defamation plaintiff to prove that the defendant published a statement, that the plaintiff was defamed by it, and that the statement was made with the required degree of fault, all while causing injury to the plaintiff's reputation. The statement must be a false assertion of 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 Tennessee. Tennessee is unusual because it applies two different limitation periods: Tenn. Code Ann. 28-3-103 gives only six months to sue for slander, while Tenn. Code Ann. 28-3-104 gives one year for libel. Because those windows are short, identifying the false statement, determining whether it is spoken or written, and acting quickly are all important. The fault standard depends on whether the plaintiff is a private person or a public figure, a distinction set by federal constitutional law that applies 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 Tennessee

Tennessee recognizes the traditional split between libel and slander, and the distinction is unusually consequential here because the two forms carry different deadlines. Libel is written or printed defamation and includes newspaper articles, broadcasts, websites, social media posts, and online reviews; it must be sued on within one year under Tenn. Code Ann. 28-3-104. Slander is spoken defamation, such as a defamatory statement made aloud in conversation or at a meeting, and it must be sued on within six months under Tenn. Code Ann. 28-3-103. Courts have also drawn a procedural distinction: the libel period accrues on publication and can be subject to the discovery rule, while the slander period runs from when the words are uttered and the discovery rule generally does not extend it. Misclassifying a statement can cost a plaintiff the claim.

Defamation per se in Tennessee

Tennessee is unusual because it does not recognize defamation per se in the traditional sense. In Memphis Publishing Co. v. Nichols, 569 S.W.2d 412 (Tenn. 1978), the Tennessee Supreme Court held that after the U.S. Supreme Court's decision in Gertz v. Robert Welch, Inc., presumed damages are no longer permissible and the old per se / per quod distinction no longer has any practical meaning. A Tennessee defamation plaintiff must plead and prove actual injury from the defamatory words, whether or not their defamatory meaning is obvious. Actual injury is not limited to out-of-pocket economic loss; it includes impairment of reputation and standing in the community, personal humiliation, and mental anguish and suffering. Courts may still describe historically actionable categories, such as imputing a serious crime, a loathsome or contagious disease, conduct incompatible with one's business or profession, or serious sexual misconduct, but the plaintiff still must show actual harm rather than rely on presumed damages.

One statutory pocket survives in the code itself. Tenn. Code Ann. 29-24-101 provides that words written, spoken, or printed of a person that wrongfully and maliciously impute the commission of adultery or fornication are actionable without special damage, except as otherwise provided in 29-24-105. How that section squares with the constitutional actual-injury rules is a question to raise with a Tennessee attorney.

The statute of limitations to sue for defamation in Tennessee

Tennessee splits the defamation limitation period by form. Tenn. Code Ann. 28-3-103 provides that actions for slanderous words spoken must be commenced within six months after the words are uttered, one of the shortest defamation deadlines in the country. Tenn. Code Ann. 28-3-104 provides a one-year period for libel and many other personal tort claims. The Tennessee Supreme Court has held that the slander period is not an accrual period, so the discovery rule does not extend it even if the plaintiff did not know about the statement; the libel period, by contrast, accrues on publication and can be subject to the discovery rule when the defamatory statement is inherently undiscoverable. Tennessee follows the single-publication rule, so for a book, broadcast, or online post the period generally runs from first publication and does not restart with each later view. Because the slander deadline is only six months, prompt action is essential.

Watch out: The slander deadline is only six months from when the words are spoken, and courts have refused to extend it under the discovery rule. Do not assume you have a year for a spoken statement.

Tennessee's libel and slander statutes

Beyond the deadlines, Tennessee keeps a short chapter of libel and slander rules at Tenn. Code Ann. Title 29, chapter 24, and several of them change how a case is brought or defended.

Tenn. Code Ann. 29-24-103(a) requires pre-suit notice before a civil action is brought for the publication of a libel in a newspaper or periodical. The plaintiff shall serve written notice on the defendant at least five days before filing, specifying the article and the statements in it the plaintiff alleges to be false and defamatory. That is a statutory step, not an optional courtesy letter.

The same section gives the publisher a retraction path. Under 29-24-103(b)(1), if the article was published in good faith, its falsity was due to an honest mistake of the facts, there were reasonable grounds for believing the statements were true, and a full and fair correction, apology, or retraction was published within ten days after the notice, or in the next regular edition if that falls later, with the placement and prominence the statute describes, then the plaintiff shall recover only actual, and not punitive, damages. Under 29-24-103(b)(2), that exemption from punitive damages does not apply to an article about or affecting a candidate for political office published within ten days before the election for that office.

Two further sections limit defendant-side exposure. Tenn. Code Ann. 29-24-104 provides that the owner, licensee, or operator of a radio or television broadcasting station is not liable for a defamatory statement broadcast by someone other than the station or its employees unless the complaining party alleges the station failed to exercise due care to prevent it, and the station carries the responsibility of showing that due care was used. That section also bars liability for a defamatory statement uttered over the station's facilities by a candidate for public office, unless the speaker was an agent or employee of the station acting in the course of employment.

Tenn. Code Ann. 29-24-105 abolishes the right of action against a commercial printer for the publication of a libel where the customer furnished the copy and no part of the libelous matter was written, edited, or otherwise authored by the printer. That protection is lost where the copy is libelous per se, where the printer knew or in the exercise of ordinary care should have known of the falsity of the matter, or where the printer did not require the customer to record a true name, address, and organization for the copy.

Tennessee's anti-SLAPP law

Tennessee has a strong anti-SLAPP statute called the Tennessee Public Participation Act, codified at Tenn. Code Ann. 20-17-101 through 20-17-110 and effective July 1, 2019. The TPPA lets a party sued in response to the exercise of the right of free speech, the right to petition, or the right of association file a petition to dismiss the legal action. Under Tenn. Code Ann. 20-17-104(d), all discovery in the legal action is stayed upon the filing of a petition, and that stay remains in effect until the court enters an order ruling on the petition, although the court may allow specified and limited discovery relevant to the petition on a showing of good cause. What the statute stays is discovery, not the action itself. The burden then shifts: the defendant must show the suit is based on protected activity, after which the plaintiff must establish a prima facie case for each essential element of the claim. The Act covers a wide range of speech-based torts, including defamation, false light, malicious prosecution, and abuse of process. If the court dismisses the action under the TPPA, it must award the defendant court costs and reasonable attorney's fees and may impose additional sanctions to deter similar suits. These features make the TPPA a powerful early defense for speech on matters of public concern.

Public figures and actual malice

The level of fault a Tennessee 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 Tennessee defamation litigation, whether the plaintiff is a public official, a public figure, or a private person is frequently the decisive issue, and it can also affect how the TPPA analysis plays out.

Damages you can recover in Tennessee

A defamation plaintiff in Tennessee 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 a plaintiff who claims that kind of loss must prove it. General damages compensate for reputational harm, mental anguish, and humiliation. Following Memphis Publishing Co. v. Nichols, 569 S.W.2d 412 (Tenn. 1978), Tennessee generally does not presume damages; a plaintiff must prove actual injury, though that injury can include reputational harm, humiliation, and mental anguish rather than only out-of-pocket loss. Punitive damages may be available where the plaintiff shows the defendant acted with 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. A defendant who prevails under the Tennessee Public Participation Act can also recover attorney's fees, which is a significant financial consideration for any plaintiff.

How to sue for defamation in Tennessee

Pursuing a Tennessee defamation claim generally follows a sequence, though the right path depends on the facts. The first practical step is determining whether the statement is spoken or written, because slander must be sued on within six months under Tenn. Code Ann. 28-3-103 while libel allows one year under Tenn. Code Ann. 28-3-104. Many plaintiffs preserve evidence early, including the exact statement, the date and place it was made, and who saw or heard it, because the single-publication rule ties the deadline to first publication. Some send a cease-and-desist letter or retraction demand, which can prompt a correction and document the dispute. Where the libel was published in a newspaper or periodical, notice is not optional: Tenn. Code Ann. 29-24-103(a) requires the plaintiff to serve written notice on the defendant at least five days before filing, specifying the article and the statements alleged to be false and defamatory, and a qualifying good-faith retraction under 29-24-103(b)(1) limits recovery to actual, not punitive, damages. A plaintiff then files a complaint in the appropriate Tennessee court within the applicable period. If the suit targets protected speech, the defendant may file a TPPA petition to dismiss under Tenn. Code Ann. 20-17-104, which stays discovery and can trigger fee-shifting. Given the short slander deadline and the anti-SLAPP risk, consulting a licensed Tennessee attorney early is wise. This article is general information, not legal advice.

How to Sue for Defamation of Character in Tennessee

Tennessee uses two short deadlines for defamation of character, so the type of statement controls the clock. A plaintiff generally must file a slander (spoken) claim within six months under Tenn. Code Ann. 28-3-103, and a libel (written) claim within one year under Tenn. Code Ann. 28-3-104. These windows are unusually tight, and Tennessee courts have held the six-month slander period runs from when the words are spoken. Suits seeking damages are filed in the circuit court, the state's general civil trial court. The elements and defenses track the standard national rules: the plaintiff must prove a false statement of fact, publication to a third party, fault, and harm, while truth and opinion are complete defenses. Tennessee has no general statutory cap on defamation damages, so recovery turns on the actual harm proven.

• Statute of limitations: 6 months for slander (Tenn. Code Ann. 28-3-103); 1 year for libel (Tenn. Code Ann. 28-3-104)
• Where to file: Circuit court (general sessions courts handle smaller civil claims up to $25,000)
• Pre-suit notice: Required for a libel published in a newspaper or periodical. Written notice on the defendant at least 5 days before filing, specifying the article and the allegedly false statements (Tenn. Code Ann. 29-24-103(a))
• Damages: No statutory cap on defamation damages in Tennessee
• Anti-SLAPP: Strong. The Tennessee Public Participation Act (Tenn. Code Ann. 20-17-101 et seq.) lets a defendant file an early petition to dismiss speech-based suits, and a prevailing defendant shall be awarded attorney fees, with the ruling immediately appealable.

Is defamation a crime in Tennessee? Not as a general matter. Tennessee has no general criminal defamation statute, so an ordinary libel or slander dispute is a civil case. Two narrow criminal provisions do exist: Tenn. Code Ann. 2-19-142 makes it a Class C misdemeanor to knowingly publish or distribute false campaign literature in opposition to a candidate, and Tenn. Code Ann. 45-3-1311 makes it a Class B misdemeanor to knowingly circulate an untrue statement derogatory to the financial condition of a savings and loan association covered by that chapter, with intent to injure it.

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

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