Navigating Virginia Defamation Law: A Comprehensive Guide for Protecting Your Reputation

 Posted on April 28, 2025 in Business

A person who served as president for two charitable organizations that were well-known to the public because of their fundraising efforts (Chapin v. Knight‑Ridder, Inc., 993 F. 2d 1087 (4TH Cir. 1993);At Fox & Moghul, our Virginia defamation lawyers have extensive experience handling complex defamation cases, whether they involve spoken words, written publications, or defamatory statements broadcasted through social media or news outlets. If you have been the victim of false statements that have harmed your reputation, understanding Virginia defamation law is crucial in taking legal action.

This blog provides a detailed overview of defamation law, including key legal principles, case precedents, and what you need to prove to win your case.

1. What Is Defamation?

"In Virginia, as in other states, the law of defamation historically has protected a basic interest. The individual's right to personal security includes his uninterrupted entitlement to enjoyment of his reputation."— Gazette Inc. v. Harris, 229 Va. 1 (1985)

Simply put, defamation is a false statement that harms an individual’s reputation by subjecting them to public hatred, contempt, ridicule, embarrassment, or disgrace. A defamatory statement lowers the public’s perception of a person’s character, credibility, or professional reputation.

"Society has a pervasive and strong interest in preventing and redressing attacks upon reputation."— Rosenblatt v. Baer, 383 U.S. 75, 86 (1966)

---

Slander vs. Libel

• Libel: False written statements, including publications in newspapers, websites, or social media.

• Slander: False spoken statements, such as those made in conversations, interviews, or broadcasts.

Today, the most common form of defamation is online libel, as social media posts, Google reviews, and blog articles can cause immediate and widespread reputational harm. If you have been defamed online, our Virginia defamation attorneys can help you take swift legal action.

---

2. Elements of Defamation in Virginia

To succeed in a Virginia defamation lawsuit, a plaintiff must prove the following three key elements:

1. Publication – The defamatory statement must have been made to a third party.

2. An Actionable Statement – The statement must be false, defamatory, and not protected by legal defenses (such as opinion).

3. Intent or Fault – The defendant must have acted with negligence or actual malice, depending on the plaintiff’s status.

---

3. Defamation and Public Figures vs. Private Individuals

Defamation cases involve different legal standards depending on whether the plaintiff is a public figure, a private individual, or a limited-purpose public figure.

STATUS OF PLAINTIFF	MENS REA (INTENT) STANDARD	CASE LAW EXAMPLES (Not Specific To Virginia)	BURDEN OF PROOF
Public Official	New York Times Malice	Examples of Public Officials State Senator seeking reelection. Krueger v. Austad, 545 N.W.2d 205, 211-12 (S.D. 1996). Federal Drug Enforcement Agents. Meiners v. Moriarity, 563 F.2d 343 (7th Cir. 1977) Assistant Public Defender. Tague v Citizens for Law and Order, Inc., 142 Cal. Rptr. 689 (Cal. Sup. Ct. 1977) County Supervisor. Sierra Breeze v. Super. Ct. of El Dorado County, 149 Cal. Rptr. 914 (Cal. Ct. App. 1978) Junior social worker in county office. Press, Inc. v. Verran, 569 S.W.2d 435, 443 (Tenn. 1978) Examples of People who are NOT public Officials Public school teacher. Richmond Newspapers, Inc. v. Lipscomb, 234 Va. 277, 286-87 (1987). Private attorney who represented murder victim’s family in a civil suit. Gertz v. Rovert Welch, Inc., 418 U.S. 323, 351-52 (1974). Private consulting engineer hired architect for state school building. Forrest v. Lynch, 347 So. 2d 1255, 1258 (La. Ct. App. 1977).	Plaintiff’s burden  - clear and convincing evidence
Public Figure	New York Times Malice	Examples of Public Figures Person who was subject of numerous articles and reports because of activities concerning organized crime. Rosanova v. Playboy Enters Inc., 580 F.2d 859, 862 (5th Cir. 1987) Weightlifting coach, author of many books, lecturer, publisher of magazine (Hoffman v. Washington Post Co., 433 F. Supp. 600, 604 (D.D.C. 1977) Entertainer and a belly dancer. James v. Gannett Co., 353 N.E.2d 834, 839 (N.Y. 1976) Examples of Non-Public Figures The ex-husband of a celebrity who was not famous in his own right was not a public figure. Krauss v. Globe Intern., Inc., 251 A.D.2d 191, 191 (N.Y. App. Div. 1998) A wealthy socialite involved in a divorce was not a socialite when it was the publication in the first place that created the stir about the divorce (see Time, Inc. v. Firestone, 424 U.S. 448, 454 n.3, 96 S.Ct. 958, 965 n.3, 47 L.Ed.2d 154 (1976). A case involving a private contractor who successfully bid on a government construction contract only to be publicly accused thereafter of having ties to organized crime (Mahoney v. State of New York, 236 A.D.2d 37, 665 N.Y.S.2d 691 (3d Dept.1997)).	Plaintiff’s burden – clear and convincing evidence
Limited Purpose Public Figure	New York Times Malice	A person who served as president for two charitable organizations that were well-known to the public because of their fundraising efforts (Chapin v. Knight‑Ridder, Inc., 993 F. 2d 1087 (4TH Cir. 1993); A scientist whose works had been widely published who made claims about an alleged reversal by the National Cancer Institute (NCI) of its official position regarding a pesticide’s cancer risks (Reuber v. Food Chem. News, 925 F.2d 703 (4TH Cir. 1991); A scientist who made public statements and released publications in an attempt to address a public controversy while he was attempting to sell dolphin-related technology to the military other industries (Fitzgerald v. Penthouse, 691 F.2d 666 (4th Cir. 1982)	Plaintiff’s burden – by clear and convincing evidence
Private Figure	Negligence when substantial danger to reputation is apparent New York Times malice when substantial danger to reputation not apparent	A college professor who discussed controversial issues in two separate public hearings (Fleming v. Moore); An English teacher at a public school  who served as an acting department head on a short-term basis and who received complaints from students about poor performance as an educator (Richmond Newspapers v. Lipscomb); A company that performed archaeological research work for the government and for other entities but was not well-known by the public and had not made any statements to the press about a controversial issue (Arctic Co., Ltd. v. Loudoun Times Mirror).	Plaintiff’s burden to prove by preponderance of evidence. However, clear and convincing evidence of New York Times malice required when there is a substantial danger to reputation that is not apparent

 

The distinction between public figures and private individuals is critical in Virginia defamation cases, as it determines the level of proof required.

4. What Is Defamation Per Se?

In Virginia, some statements are so inherently harmful that damages are automatically presumed. These statements are classified as defamation per se, and plaintiffs do not need to prove financial harm or reputational damage.

Categories of Defamation Per Se in Virginia

1. Accusations of a Crime – Falsely stating that someone has committed a serious criminal offense.

• Example: Miley falsely accuses Joe of theft at work.

2. Allegations of a Contagious Disease – Falsely stating that someone has an infectious disease that would lead to social exclusion.

• Example: Joe spreads false rumors that Miley has HIV/AIDS.

3. Professional Incompetence or Dishonesty – Statements that harm a person’s business or profession.

• Example: Joe falsely tells others that a business executive is an embezzler.

4. Statements That Prejudice a Person in Their Profession – False claims that damage someone’s ability to earn a living.

• Example: A social media post claims that a doctor abandoned patients, leading to a loss of clients.

If you believe you have been the victim of defamation per se, contact our Virginia defamation attorneys for immediate legal action.

---

5. Defamation and the Media

Defamation lawsuits involving news outlets, journalists, and media organizations require a higher burden of proof due to First Amendment protections. In Virginia, media defendants can argue fair reporting privileges and opinion defenses.

---

6. Internet Defamation and Social Media Libel

Social media has become the most common source of defamation cases, as false statements spread rapidly and remain publicly accessible.

Key Examples of Internet Defamation:

• False Google reviews that harm a business.

• Defamatory social media posts.

• False accusations of crimes or misconduct on YouTube or Instagram.

What to Do if You Are Defamed Online

1. Take Screenshots – Preserve evidence of the defamatory post.

2. Do Not Engage – Avoid responding, as it may escalate the issue.

3. Consult a Defamation Lawyer – Legal action may be necessary to remove the defamatory content.

---

7. Virginia’s One-Year Statute of Limitations for Defamation

Under Virginia defamation law, a plaintiff must file a defamation lawsuit within one year of the defamatory statement’s publication. However, if the statement is republished, the clock resets.

Important Cases on Virginia’s Statute of Limitations

• Food Lion, Inc. v. Melton, 250 Va. 144 (1995) – Defamatory statements heard by a third party satisfied the publication requirement.

• Weaver v. Beneficial Fin. Co., 199 Va. 196 (1957) – Republication of defamatory material starts a new limitations period.

If you believe you have been defamed, act quickly to ensure your case is filed before the deadline.

---

8. Virginia’s Insulting Words Statute (Va. Code § 8.01-45)

Virginia has a unique law allowing lawsuits for insulting words that are likely to provoke violence. Unlike traditional defamation, proof of publication is not required.

Key Case:

• Zayre, Inc. v. Gowdy, 207 Va. 47 (1966) – False shoplifting accusations were ruled actionable under this statute.

9. DAMAGES. 

A. Presumed Damages

Under Virginia Defamation Law, presumed damages that require no proof of actual injury to be awarded. Generally, presumed damages are awarded for defamation per se since the law believes that such statements will almost always lead to actual injury.

Note that if the statement is defamatory per se but addresses a matter of public concern, presumed damages may only be recovered by a showing of New York Times malice (Shenandoah Publishing House, Inc. v. Gunter, 245 Va. 320, 325, 427 S.E.2d 370, 372 (1993).

B. Actual or Compensatory Damages

These damages include but are not limited to out-of-pocket expenses and other financial loss suffered as a result of the defamatory statement, impairment to reputation and standing in the community, mental anguish and suffering.

C. Punitive Damages

Upon a showing that a person acted with New York Times malice by clear and convincing evidence, a public or private figure can recover punitive damages.  

D. Mitigation of Damages under Virginia Defamation Law 

• Va Code Ann. § 8.01-48 – under this code section, evidence of reasonable good faith reliance by the defendant in publication, a prior publication of similar purport, or an apology or retraction with reasonable promptness and fairness may be considered in mitigation of actual, presumed and punitive damages, but may not be considered in mitigation of any out-of-pocket losses actually incurred by the Plaintiff.

• Va Code Ann. § 8.01-46 – allows the defendant to make an apology to the Plaintiff concerning the defamatory statement to be introduced in mitigation of the Plaintiff’s damages in a defamation action.

Contact Fox & Moghul – Virginia’s Premier Defamation Attorneys

Defamation cases involve complex legal defenses that require careful analysis. Whether you are suing for defamation or defending against false allegations, Fox & Moghul provides top-tier legal representation.

Call us today for a consultation!Contact Virginia’s leading defamation lawyers now.