Wisconsin statutes classify the publication of any defamatory matter to a third person with the “intent to defame” as a misdemeanor. Do note that intent to publish can be inferred from the nature of the communication.
Truth, good motive and privilege are statutorily recognized defenses to criminal defamation claims. The absolute privilege for statements made in judicial proceedings is available as a defense to prosecution for criminal defamation.
Understand that perjury is not an exception to the absolute privilege from defamation liability; however, it may be punished under the perjury statute.