Libel and Slander Laws in Wisconsin (2026): Criminal Charges Explained

Most people think saying something mean about someone is just rude. But in Wisconsin, it can actually be a crime. Seriously. Wisconsin is one of the few states where defamation can land you in jail, not just in civil court. Let’s break down what you need to know about libel and slander laws here.

What Is Defamation?

Defamation is when someone makes a false statement about you that hurts your reputation. It sounds simple, but there’s more to it. The statement has to be shared with someone else, not just said to your face. And it has to actually damage how people see you.

Think of it like this. If someone calls you a thief at a party, and you’re not a thief, that’s defamation. But if they just think you’re annoying and tell their friend, that’s probably just an opinion. The law protects free speech and opinions. It doesn’t protect lies that harm people.

Wisconsin splits defamation into two types. Libel is written defamation. Slander is spoken defamation. Same basic idea, just different ways of spreading false information.

Libel vs. Slander: What’s the Difference?

Okay, this part is important.

Libel happens when defamation is written down or published. This includes newspapers, magazines, social media posts, emails, text messages, and websites. Basically, if you can see it or read it, it’s libel. Even videos and photos can count as libel in Wisconsin.

Slander is spoken. Someone says something false about you to another person. It could be at work, at a party, or anywhere people can hear it. The key is that someone else has to hear the statement. Talking to yourself doesn’t count.

Here’s the thing. Libel is usually considered worse than slander. Why? Because written statements stick around. A Facebook post can be screenshotted and shared forever. Words spoken at dinner usually fade away. That’s why libel often carries heavier consequences.

Wisconsin’s Defamation Laws

Wisconsin treats defamation seriously. Really seriously. Under Wisconsin Statute 942.01, defamation is a Class A misdemeanor. That means it’s a criminal offense, not just a civil matter.

To prove defamation in Wisconsin, three things have to be true. The statement has to be false. It has to be shared with at least one other person. And it has to harm the victim’s reputation without being privileged.

Let me break that down. If someone says you stole money from work, and you didn’t, that’s a false statement. If they told your boss and coworkers, that’s communication to a third party. If it damages your reputation at work or gets you fired, that’s harm. And if there’s no legal reason for them to say it, it’s not privileged.

Wondering if this applies to you? It probably does if someone spread lies about you that caused real damage.

What Makes a Statement Defamatory?

Not every mean comment counts as defamation. The law is pretty specific about what crosses the line.

A defamatory statement exposes someone to hatred, contempt, ridicule, degradation, or disgrace. It can also hurt someone’s business or job. Basically, it makes people think less of you in a serious way.

Some statements are so obviously harmful that the law automatically considers them defamatory. These are called “defamation per se.” In Wisconsin, defamation per se includes saying someone has a sexually transmitted disease, attacking a woman’s chastity, or claiming someone committed a crime they didn’t commit.

For example, if someone posts on Facebook that you have AIDS when you don’t, that’s defamation per se. If they tell people you’re an embezzler when you’re not, that’s also defamation per se. These statements are so damaging that you don’t even have to prove you were harmed. The harm is assumed.

Criminal vs. Civil Defamation

Here’s where Wisconsin gets interesting. Most states only handle defamation as a civil matter. You sue someone for money damages. Wisconsin lets you do that too. But Wisconsin also makes defamation a crime.

Criminal defamation means the state can prosecute someone for defaming you. If convicted, they face criminal penalties. A Class A misdemeanor conviction can mean up to nine months in jail and a fine of up to $10,000. That’s way more serious than just paying damages in a lawsuit.

Most defamation cases in Wisconsin are still handled as civil lawsuits. Criminal charges are rare. But they’re possible, especially in serious cases.

Criminal Defamation Penalties

Let’s talk about what happens if someone is convicted of criminal defamation in Wisconsin.

The maximum penalty is nine months in jail. The maximum fine is $10,000. A judge can impose both. Or they might impose probation instead of jail time. It depends on the case.

To convict someone of criminal defamation, prosecutors have to prove the person intended to defame someone. They have to show the person communicated defamatory material to a third party. And they have to prove the victim didn’t consent to the statement being made.

For oral defamation (slander), there’s an extra requirement. Two witnesses have to testify that they heard the statement and understood it as defamatory. Or the person has to plead guilty or no contest. This rule makes it harder to prosecute slander cases.

Civil Defamation Lawsuits

Most people don’t want someone thrown in jail. They just want compensation for the damage done. That’s where civil defamation lawsuits come in.

You can sue someone for defamation in Wisconsin. If you win, you can get money damages. These damages can cover lost income, damage to your reputation, emotional distress, and more.

To win a civil defamation case, you have to prove three things. The statement was false. It was communicated to someone else. And it harmed your reputation.

Sound complicated? It’s actually not. But you do need evidence. Screenshots, witness statements, and proof of damages all help your case.

Public Figures vs. Private Individuals

Wisconsin law treats public figures differently than regular people. This is important to understand.

A private individual only has to show the person who defamed them was negligent. That means they didn’t check their facts or were careless with the truth. It’s a pretty low bar.

Public figures have it harder. They have to prove “actual malice.” That means the person either knew the statement was false or acted with reckless disregard for the truth. This is a much higher standard.

Who counts as a public figure? Politicians, celebrities, and people who thrust themselves into public controversies. If you’re just a regular person, you’re probably a private individual. That works in your favor.

Defamation Per Se Categories

Remember when I mentioned defamation per se? Let’s dig deeper into that. These are statements so harmful that damages are automatically presumed.

In Wisconsin, defamation per se includes statements that someone committed a crime. It includes claims that someone has a loathsome disease, like a sexually transmitted infection. It includes false statements about a woman’s chastity. And it includes attacks on someone’s professional abilities or business practices.

For example, posting that a doctor killed patients through malpractice when it’s not true is defamation per se. Claiming a business owner is a scam artist when they’re not is defamation per se. Saying a teacher is a child abuser when they’re not is defamation per se.

These statements are taken so seriously because they can destroy lives. You lose your job. Your reputation is ruined. People avoid you. The damage is obvious.

Defenses Against Defamation Claims

Not every defamation accusation sticks. There are several legal defenses available.

Truth is the ultimate defense. If the statement is substantially true, it’s not defamation. Period. Even if it hurts someone’s feelings, truth wins. That’s why the person making the statement has to prove it’s true if they’re not a media defendant.

Opinion is another defense. You can say someone is a terrible cook or a bad driver. Those are opinions, not facts. The law protects your right to have and share opinions.

Privilege protects certain statements. Statements made in court proceedings, legislative hearings, or official government business are usually privileged. Journalists reporting on public proceedings also have privilege.

Consent matters too. If you agreed to have the statement made, you can’t claim defamation later.

Statute of Limitations

You can’t wait forever to file a defamation lawsuit. Wisconsin gives you three years from when the defamation occurred. That’s it.

The clock starts ticking when the statement is first published or spoken. For online posts, it starts when the post goes live. This is called the single publication rule. Even if thousands of people see the post over time, the three-year clock starts on day one.

Three years might sound like a long time. But it goes fast. Evidence disappears. Witnesses forget details. Screenshots get deleted. If you’re going to sue for defamation, don’t wait.

Hold on, this part is important. If you miss the three-year deadline, you’re out of luck. The case gets dismissed. You can’t recover any damages.

Special Rules for Print Media

Wisconsin has special rules for defamation involving newspapers, magazines, and periodicals. These rules don’t apply to broadcast media like TV or radio. Just print.

Before you can sue a print publication for libel, you have to give them a chance to fix it. You send a written notice specifying what they got wrong. You explain what the true facts are. You can even suggest sources where they can verify the truth.

The publication then has one week to publish a correction. If they do, you can only recover actual damages. You can’t get presumed damages. If they don’t correct it, you can proceed with the full lawsuit.

This rule encourages publications to correct mistakes quickly. It also protects them from massive lawsuits over honest errors.

Online Defamation

Social media has made defamation easier than ever. One angry post can reach thousands of people in minutes. But Wisconsin’s defamation laws apply online just like they do offline.

Posting false statements on Facebook, Twitter, Instagram, or any other platform can be defamation. Text messages can be libel. Even private messages can count if they’re shared with other people.

Here’s something you might not know. Websites and internet service providers usually can’t be sued for what users post. Section 230 of the Communications Decency Act protects them. But the person who actually wrote the defamatory post? They’re fully responsible.

What Counts as “Communication to a Third Party”?

This is a key requirement for defamation. The statement has to be communicated to someone other than the person being defamed.

If someone calls you a liar to your face, that’s not defamation. It’s rude, but it’s not illegal. If they tell your neighbor you’re a liar, now we’re talking defamation.

The third party has to actually receive the message. Sending an email that never gets opened doesn’t count. Posting something on a private account that no one sees doesn’t count. Someone has to hear, read, or see the statement.

Damages You Can Recover

If you win a defamation lawsuit, what can you get? Wisconsin law allows several types of damages.

Actual damages compensate you for real harm. Lost income, medical bills for emotional distress, therapy costs, and business losses all count. If you lost your job because of the defamation, you can recover lost wages.

Presumed damages apply in defamation per se cases. The court assumes you were harmed. You don’t have to prove specific dollar amounts. But if you’re suing a media defendant, you still need to prove actual malice to get presumed damages.

Punitive damages are possible too. These punish the person who defamed you. But you need clear and convincing evidence that they acted with malice or intentionally disregarded your rights. That’s a high bar.

How to Prove Defamation

Collecting evidence is crucial. Start by documenting everything.

Screenshot social media posts. Save emails and text messages. Record dates, times, and who saw or heard the statements. Get witness statements from people who saw the defamation. Track any financial losses you suffered.

You’ll also need to show how the statement harmed you. Did you lose clients? Did friends abandon you? Did you get fired? Keep records of everything.

The more evidence you have, the stronger your case. Don’t rely on memory. Get it in writing.

Preventing Defamation Claims

Want to avoid getting sued or charged with defamation? Here’s what you need to do.

Think before you post or speak. Ask yourself if what you’re saying is true. Can you prove it? If not, don’t say it.

Stick to opinions when you can. Say “I think” or “In my opinion” before sharing thoughts. Opinion is protected. False statements of fact are not.

Be especially careful when talking about someone’s job or business. Falsely claiming someone is incompetent or dishonest in their profession is defamation per se.

If you make a mistake, fix it fast. Apologize. Retract the statement. Issue a correction. This can limit your liability significantly.

When to Contact a Lawyer

Defamation cases are complicated. If you’ve been defamed or if someone accused you of defamation, talk to a lawyer.

Wisconsin defamation law has a lot of moving parts. Proving your case requires legal knowledge and strategy. Defending yourself against a false accusation is just as important.

A good defamation lawyer can evaluate your case. They can tell you if you have a strong claim. They can help you gather evidence. And they can negotiate settlements or represent you in court.

Don’t try to handle this alone. The stakes are too high.

Retraction and Correction

Retractions matter in Wisconsin defamation cases. They can significantly reduce damages.

If a publication issues a timely correction, it can be a defense against all damages except actual damages. The correction has to be published without comment. It has to be as prominent as the original defamatory statement.

For individuals, retracting a statement shows good faith. It won’t erase the defamation. But it can reduce the damages you have to pay.

If someone defamed you, ask for a retraction. Many people will comply rather than face a lawsuit. If they do, you might not need to go to court at all.

Frequently Asked Questions

Can I go to jail for defamation in Wisconsin?

Yes. Wisconsin is one of the few states where defamation can be a criminal offense. If convicted, you could face up to nine months in jail and a $10,000 fine. Most defamation cases are civil, but criminal charges are possible.

How long do I have to file a defamation lawsuit in Wisconsin?

You have three years from when the defamatory statement was made. After three years, you lose your right to sue. The clock starts when the statement is first published or spoken, not when you find out about it.

Do I need to prove financial harm to win a defamation case?

Not always. In defamation per se cases, harm is presumed. These include statements that you committed a crime, have a disease, or are professionally incompetent. For other defamation, you need to prove actual damages.

Can I sue someone for defamation if they shared their opinion about me?

No. Opinions are protected speech. You can’t sue someone for saying they think you’re annoying or a bad driver. But if they state false facts as truth, that can be defamation.

What if someone posts something false about me on social media?

That’s likely defamation if it harms your reputation. Screenshot the post immediately. Document who saw it and any damage it caused. You can sue the person who posted it, but not the social media platform itself.

Final Thoughts

Defamation law in Wisconsin is serious business. Whether it’s libel or slander, false statements can have real consequences. You could end up in jail. You could owe thousands in damages. Your reputation could be destroyed.

If someone spread lies about you, you have options. Document everything. Consider sending a retraction request. Talk to a lawyer about filing a lawsuit. The law protects your reputation, but you have to act within the three-year window.

On the flip side, be careful what you say and post about others. Check your facts. Stick to opinions when you can. And if you mess up, fix it fast.

Now you know the basics. Stay informed, think before you post, and when in doubt, talk to a lawyer. Your reputation is worth protecting.

References

1. Wisconsin Statute 942.01 – Criminal Defamation (https://docs.legis.wisconsin.gov/statutes/statutes/942/01)
2. Wisconsin Statute 893.57 – Statute of Limitations for Intentional Torts (https://docs.legis.wisconsin.gov/statutes/statutes/893/V/57)
3. Wisconsin Statute 895.05 – Damages in Actions for Libel (https://docs.legis.wisconsin.gov/statutes/statutes/895/05)
4. Wisconsin Statute 939.51 – Classification of Misdemeanors (https://docs.legis.wisconsin.gov/statutes/statutes/939/51)
5. Minc Law – Wisconsin Defamation Law State Guide (https://www.minclaw.com/wisconsin-defamation-law-state-guide/)