Defamation and Online Harassment Laws in Maine

Defamation in Maine is a common law claim. The Maine Supreme Judicial Court lists four elements: a false and defamatory statement about the plaintiff, an unprivileged publication to a third party, fault amounting at least to negligence by the publisher, and either a statement that is actionable without proof of special harm or proof of special (economic) harm. Statutes add specific rules, such as the filing deadline, the effect of a retraction on damages, and the anti-SLAPP motion.

Sources1Garey v. Stanford Management, LLC, 2024 ME 46, ¶¶ 8, 122Gaudette v. Mainely Media, LLC, 2023 ME 36, ¶ 12

Maine's old criminal libel and slander chapter (Title 17, chapter 77, §§ 2201-2207) was repealed by P.L. 1975, c. 499, the same law that created the current Maine Criminal Code, and the Criminal Code contains no libel or slander offense. Defamation is therefore handled as a civil claim, although some harmful online conduct can still be a crime under Maine's stalking, harassment and private-image laws.

Sources317 M.R.S. ch. 77, §§ 2201-2207 (all repealed)417 M.R.S. § 2201 (repealed by P.L. 1975, c. 499, § 11)5Title 17-A, Maine Criminal Code (table of contents)

A libel or slander lawsuit must be filed within two years after the cause of action accrues. The same deadline applies to written and spoken statements.

Source614 M.R.S. § 753

Related guide: Statute of limitations for defamation in every state

Maine recognizes defamation per se. False written statements about a person's profession, occupation or official position are libel per se, and spoken statements that accuse someone of a crime or harm them in their business, trade, profession or office are slander per se. In these cases the plaintiff does not have to prove special (economic) harm. Maine courts have also said that written libel generally does not require proof of special damage.

Source1Garey v. Stanford Management, LLC, 2024 ME 46, ¶¶ 8, 12

Related guide: What defamation per se means

Maine's Uniform Public Expression Protection Act (14 M.R.S. §§ 731-742) took effect on January 1, 2025 and replaced the former anti-SLAPP statute, 14 M.R.S. § 556, which focused on petitioning activity. It covers claims based on statements in or about government proceedings, speech on matters of public concern, statements tied to certain discrimination and Title IX complaints and, after a 2025 amendment, statements made without malice about one's own experience of sexual assault, harassment, cyberbullying or discrimination. A defendant can generally file a special motion within 60 days of being served; if the law applies and the plaintiff cannot make a prima facie case on each element (or another ground in the statute is met), the court must dismiss the claim. A defendant who prevails on the motion is awarded costs, attorney's fees and reasonable expenses, and a defendant can appeal an order denying the motion as a matter of right.

Sources714 M.R.S. § 733 (Applicability)814 M.R.S. § 734 (Special motion for expedited relief)914 M.R.S. § 738 (Dismissal of cause of action)1014 M.R.S. § 739 (Appeal)1114 M.R.S. § 740 (Costs, attorney's fees and expenses)12P.L. 2023, c. 626 (L.D. 870), repealing 14 M.R.S. § 556, effective January 1, 202513Thurlow v. Nelson, 2021 ME 58 (former § 556 as Maine's anti-SLAPP statute)

Related guide: Anti-SLAPP laws by state

In a libel case, a defendant can reduce the damages owed by showing that the statement was made by mistake and was retracted in writing within a reasonable time, as publicly and fully as the original. Damages can also be reduced if the plaintiff failed to give timely notice that would have let the defendant limit the harm, or has already recovered for substantially the same libel.

Source1414 M.R.S. § 153

Falsity is part of what the plaintiff must prove, so a true statement does not support a defamation claim. A statement of pure opinion is not defamatory, but an opinion that implies undisclosed defamatory facts can be. A statement about a public figure's official conduct on a matter of public concern is conditionally privileged, and the plaintiff can overcome that privilege only with clear and convincing evidence of actual malice, meaning knowledge of falsity or disregard of whether the statement was false.

Sources1Garey v. Stanford Management, LLC, 2024 ME 46, ¶¶ 8, 102Gaudette v. Mainely Media, LLC, 2023 ME 36, ¶ 12 (citing Plante v. Long, 2017 ME 189)

Maine's stalking law makes it a crime to intentionally or knowingly engage in a course of conduct (two or more acts, by any action, method, device or means, such as monitoring, tracking or communicating to or about a person) that would cause a reasonable person serious inconvenience, emotional distress or certain kinds of fear. Basic stalking is a Class D crime, with higher classes for people with prior convictions or for conduct aimed at members of an identifiable group.

Source1517-A M.R.S. § 210-A

Related guide: Cyberstalking laws explained

It is a crime to use a phone or electronic communication device, including software and apps, to send obscene or offensively coarse messages without consent, to contact someone anonymously or repeatedly with intent to harass, or to send sexual images after being told they are unwanted. A separate harassment offense applies to a course of conduct meant to harass, torment or threaten after a police officer or a court protective order has told the person to stop. Many of these offenses can also support a civil protection-from-harassment order.

Sources1617-A M.R.S. § 506 (Harassment by telephone or by electronic communication device)1717-A M.R.S. § 506-A (Harassment)185 M.R.S. § 4651 (Protection from harassment: definitions)

Related guide: Online harassment laws explained

Since 2025, Maine prohibits doxing of a minor: intentionally, knowingly or recklessly disclosing a minor's personal identifying information (such as a home address, school or certain photos) when the disclosure leads to stalking, physical harm, serious property damage or reasonable fear for safety. The minor, through a representative, can sue for an injunction and damages, and a winning plaintiff recovers attorney's fees and costs. This law covers minors only; for adults, the stalking and harassment laws may apply depending on the facts.

Sources1914 M.R.S. § 9101 (Definitions)2014 M.R.S. § 9102 (Doxing of minor prohibited)2114 M.R.S. § 9103 (Civil action for damages)

Related guide: Is doxxing illegal?

Intentionally or knowingly sharing, displaying or publishing a nude or sexual image of an identifiable person without consent, with intent to harass, torment or threaten and with no public or newsworthy purpose, is a Class D crime. The law also covers images created or altered to make it appear that the person is nude or engaged in sexual activity, such as deepfakes. Threatening to share such an image can support a civil protection-from-harassment order.

Sources2217-A M.R.S. § 511-A (Unauthorized dissemination of certain private images)185 M.R.S. § 4651(2)(D)