A New Jersey Superior Court has held that the single publication rule applies to Internet publications. See Churchill v. State, 876 A.2d 311, 319 (N.J. Super. Ct. App .Div. 2005). If other New Jersey courts follow the Churchill case, the statute of limitations should run from the date of first posting, unless more than merely technical changes are made to the website, triggering “republication.”
New York Defamation Law
Note: This page covers information specific to New York. For general information concerning defamation, see the Defamation Law section of this guide.
Elements of Defamation
Under New York law, the elements of a defamation claim are:
a false statement;
published to a third party without privilege or authorization;
with fault amounting to at least negligence;
that caused special harm or defamation per se.
See Dillon v. City of New York, 261 A.D.2d 34, 38 (N.Y.A.D. 1 Dept. 1999). These elements of a defamation claim in New York are similar to the elements discussed in the general Defamation Law section, with the following exceptions:
Public and Private Figures