Internet Libel Statute of Limitations

Sadly no. If a SOL starts on the day of publication that is when the clock starts.

Assuming California law applies, the rule is that the one-year statute of limitations to bring a libel action for statements published on publicly-available websites begin to run on the day of publication [and NOT when the allegedly defamed person discovers the statement]. You can read a California court decision that explains why via the link below. California law may not, however, apply and there are always more facts in play that bear on the analysis which should only be disclosed and discussed in private so you should still discuss this matter with your own litigation attorney. Good luck.

What you describe is not libel but merely a misstatement of fact or a lie. A lie is not necessarily libelous. I question whether your statement of fact is even a misstatement. SOLs are state (or country) specific. In most cases, ISPs are immune from defamation actions as are the website that may host libelous statements. Generally, SOLs for defamation actions run from date of first publication. Re-publication, however, may cause the statute to reset depending on the laws of the jurisdiction which are applicable, as may late discovery. In order to answer your question, the applicable law must be known. Under your statement of facts, if the applicable law is CA, late discovery would not toll the statute of limitation. This issue was specifically addressed in Hebrew Academy v. Goldman by the CA Supremes which held “the discovery rule does not apply to delay the accrual of a cause of action for a defamation contained in such a publication.”