Virginia

Note: This page covers information specific to Virginia. For general information concerning false light see the general False Light section of this guide. 

The tort of "false light" is not recognized in Virginia; you cannot sue or be sued on such a claim. See WJLA-TV v. Levin, 564 S.E.2d 383, 395 n.5 (Va. 2000). 

Note: This page covers information specific to Virginia. For general information concerning defamation, see the general Defamation Law section of this guide.

Elements of Defamation

In Virginia, the elements of a defamation claim are

1. publication of
2. an actionable statement with
3. the requisite intent.

To be “actionable,” the statement must be factual, false, and harm the plaintiff's reputation in the community or to deter other persons from associating with him or her. The elements of a Virginia defamation claim are similar to the elements discussed in the general Defamation Law section, with the following exceptions:

Defamation Per Se

Virginia recognizes that certain statements constitute defamation per se. These statements are so egregious that they will always be considered defamatory and are assumed to harm the plaintiff's reputation, without further need to prove that harm. In Virginia, a statement that does any of the following things amounts to defamation per se:

• attributes to the plaintiff the commission of some criminal offense involving moral turpitude, for which the party, if the charge is true, may be indicted and punished;
• indicates that the plaintiff is infected with a contagious disease;
• attributes to the plaintiff unfitness to perform the duties of an office or employment of profit, or lack of integrity in the discharge of the duties of such an office or employment; or
• hurts the plaintiff in his or her profession or trade.

Public and Private Figures   read more »

Note: This page covers information specific to Virginia. For general information concerning Strategic Lawsuits Against Public Participation (SLAPPs), see the overview section of this guide.

The CMLP has not identified any relevant statues or cases concerning Strategic Lawsuits Against Public Participation (SLAPPs) in Virginia. If you know about an anti-SLAPP law in Virginia, please contact us. You can find general information in the section on Responding to Strategic Lawsuits Against Public Participation (SLAPPs). If you receive a SLAPP, you should immediately get legal assistance. You also may want to refer to the section on Responding to Lawsuits for more information.

If you succeed in fending off a SLAPP-type lawsuit in Virginia, you may be able to bring a claim of malicious prosecution against the original plaintiff. While Virginia does not explicitly recognize a "SLAPPback" claim, the elements of a malicious prosecution claim are similar. You should consult an attorney to see whether such a claim may be viable in your case.

Note: This page covers information specific to Virginia and should be read in conjunction with the general section on retraction in the section on Correcting or Retracting Your Work After Publication which has additional information applicable to all states.

Virginia has a retraction statute, Va. Code § 8.01-48, that applies to "the publisher, owner, editor, reporter or employee of any newspaper, magazine or periodical" who face a libel suit for an "article, statement or other matter contained in any such newspaper, magazine or periodical." Although the statute does not specifically state whether it covers online publications, it does not require that the article be published in a specific medium (e.g. print only). Thus, if your role can be characterized as the publisher, owner, editor, reporter or employee of an online newspaper, magazine or periodical, you have a colorable argument that the retraction law applies you.

Handling Requests to Remove or Retract Material in Virginia

If someone contacts you with a retraction request, you should first determine whether a retraction is warranted; review the steps under the handling a retraction request section of this guide for help in making this assessment. If you determine that a retraction is appropriate, you should issue an "apology or retraction" with "reasonable promptness and fairness" so that you can avail yourself of the statutory benefit of limiting potential defamation damages. See Va. Code § 8.01-48.   read more »

Virginia does not recognize a legal claim for the publication of private facts. See WJLA-TV v. Levin, 564 S.E.2d 383, 395 n.5 (Va. 2002).