§ 8.01-247.1.Limitation on action for defamation, etc.
Chapter 4. Limitations of Actions · Article 3. Personal Actions Generally · Last amended 2015 · Last verified July 16, 2026
In one sentenceSection 8.01-247.1 gives defamation, libel, slander, and insulting-words claims a one-year limitation period, and tolls that period against an anonymous or falsely-identified online publisher until the publisher’s identity is discovered or reasonably should have been discovered.
Full Text of § 8.01-247.1
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Every action for injury resulting from libel, slander, insulting words, or defamation shall be brought within one year after the cause of action accrues.
If a publisher of statements actionable under this section publishes anonymously or under a false identity on the Internet, an action may be filed under this section and the statute of limitations shall be tolled until the identity of the publisher is discovered or, by the exercise of due diligence, reasonably should have been discovered.
Plain-English Summary
Section 8.01-247.1 sets a short, one-year fuse on reputational-harm claims. Every action for injury from libel, slander, insulting words, or defamation must be filed within one year after the cause of action accrues — a much tighter window than the general two-year personal-injury period in § 8.01-243, reflecting how quickly these claims are meant to be resolved.
The section adds a modern tolling rule aimed at online speech. When a publisher posts an actionable statement anonymously or under a false identity on the Internet, the plaintiff can still file the action, and the one-year clock is tolled until the publisher’s actual identity is discovered or, with due diligence, reasonably should have been discovered. That provision keeps an anonymous poster from running out the clock by staying hidden.
Frequently Asked Questions
How long does someone have to file a defamation lawsuit in Virginia?
One year after the cause of action accrues, under Section 8.01-247.1.
Does this one-year period apply to slander as well as libel?
Yes. The section covers injury resulting from libel, slander, insulting words, or defamation generally.
What happens if the person who posted a defamatory statement online used a fake name or stayed anonymous?
The statute of limitations is tolled until the publisher’s identity is discovered or, through due diligence, reasonably should have been discovered.
Can a plaintiff file suit before identifying an anonymous online publisher?
Yes. The section states an action may be filed under this section even while the publisher’s identity remains unknown, with the tolling rule protecting the plaintiff’s ability to eventually pursue the right defendant.
Is the one-year deadline for defamation shorter than Virginia’s general personal-injury period?
Yes. It is shorter than the two-year period that applies to most personal-injury claims under § 8.01-243.
Amendment History
1995, c. 9; 2015, c. 128.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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