No action for libel or slander may be brought or maintained unless the party charged with such defamation has published, either orally or in writing, the defamatory statement to a person other than the person making the allegation of libel or slander. Self-publication, either orally or in writing, of the defamatory statement to a third person by the person making such allegation shall not give rise to a claim for libel or slander against the person who originally communicated the defamatory statement.
Source: L. 89: Entire section added, p. 759, § 1, effective April 8.
ANNOTATION
Law reviews. For article, "The Legality of Generative AI -- Part 2", see 52 Colo. Law. 30 (Sept. 2023).
Certain foreseeable "self-publication" can impose responsibility for publication on an originator, when the originator of the defamatory statement has reason to believe that the person defamed will be under a strong compulsion to disclose the contents of the defamatory statement to a third party. Churchey v. Adolph Coors Co., 759 P.2d 1336 (Colo. 1988) (decided prior to enactment of this section).
Summary judgment proper where evidence of defendant's involvement in publication not sufficient. Card v. Blakeslee, 937 P.2d 846 (Colo. App. 1996).