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Attorney Testifies to Restore One-year Defamation Limit in HB 441; Committee Questions Discovery-rule Trends
Summary
A legal practitioner urged the committee to codify a one-year statute of limitations measured from publication for defamation actions, arguing Ohio precedent favored that rule for 170 years; members asked about discovery rules and rare cases where harm arises long after publication.
An attorney appearing for proponents asked the House Judiciary Committee to restore a one-year statute of limitations for defamation (slander and libel) measured from the date of publication.
The witness said Ohio law historically required claims to be brought within one year of publication and warned that adopting a discovery rule would expose defendants and small businesses to indefinite liability and stale claims; he described statutes of limitations as protecting defendants and preserving evidence.
Committee members questioned whether national trends favoring discovery rules and unique online harms mean Ohio should adopt a different approach. The witness acknowledged exceptional hypotheticals — such as private communications later republished online — but said factual mechanics normally allow plaintiffs to plead publication when harm occurs.
No vote took place.
