This guide is general information about the law in Maryland, checked against the sources listed below on November 1, 2026. It is not legal advice. Laws change and every case is different: for advice on your situation, speak to a licensed attorney in Maryland.
01Defamation law in Maryland
Where the law comes from
Defamation in Maryland is a common-law claim shaped by court decisions. The state's highest court has said a plaintiff must prove four things: the defendant made a defamatory statement to a third person, the statement was false, the defendant was legally at fault in making it, and the plaintiff was harmed as a result.
Is defamation a crime?
A Maryland statute repealed the common-law crime of criminal defamation, so a false statement about someone is handled as a civil claim. Related conduct, such as stalking, electronic harassment or sharing intimate images without consent, can still be a crime under separate sections of the Criminal Law Article.
Sources2Md. Code, Crim. Law § 9-5073Md. Code, Crim. Law § 3-8024Md. Code, Crim. Law § 3-8055Md. Code, Crim. Law § 3-809
Statute of limitations
Under Md. Code, Cts. & Jud. Proc. § 5-105, a lawsuit for libel or slander must be filed within one year from the date the claim accrues.
Anti-SLAPP protection
Maryland's anti-SLAPP law, Md. Code, Cts. & Jud. Proc. § 5-807, protects people who communicate with the government or the public about matters within a government body's authority or issues of public concern, as long as they act without constitutional malice. It only applies to a lawsuit brought in bad faith that is meant to inhibit, or does inhibit, protected speech. A defendant can ask the court to dismiss the case, with a hearing as soon as practicable, or to pause the case, and the statute does not address attorneys' fees.
Sources7Md. Code, Cts. & Jud. Proc. § 5-8078Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Maryland
Defenses and public figures
The plaintiff carries the burden of proving the statement was false, meaning not substantially correct. The level of fault the plaintiff must prove usually depends on who they are: private figures generally must show negligence, while public figures must show malice. Maryland courts also recognize privileges, including a fair reporting privilege for fair and accurate reports of public court files and trial testimony, and a fair comment privilege for opinions on matters of legitimate public concern that rest on facts that are true, privileged or otherwise known to the audience.
02Online harassment, cyberstalking and doxxing in Maryland
Cyberstalking
Stalking under Md. Code, Crim. Law § 3-802 is a malicious course of conduct, including approaching or pursuing someone, that the person intends, or reasonably should know, will cause reasonable fear of serious harm or serious emotional distress. The law expressly covers stalking carried out by electronic communication and through devices that track a person's location without their knowledge or consent. It is a misdemeanor punishable by up to 5 years in prison, a fine of up to $5,000, or both.
Online harassment
Md. Code, Crim. Law § 3-805 makes it a crime to maliciously use electronic communication, such as email, social media or websites, in a course of conduct that alarms or seriously annoys someone, with intent to harass, alarm or annoy, after being asked to stop and without a legal purpose. The same section adds protections for minors, covering acts such as building fake profiles or spreading images to intimidate them, and most violations carry up to 3 years in prison, a fine of up to $10,000, or both. A separate general harassment law, § 3-803, covers similar conduct and carries up to 90 days in jail, a fine of up to $500, or both, for a first offense.
Sources4Md. Code, Crim. Law § 3-8059Md. Code, Crim. Law § 3-803
Doxxing
Publishing someone's personal details online may be charged as electronic harassment or stalking when the elements of those crimes are met. Separately, using a person's identifying information without consent to invite or encourage others to commit a sexual crime against them is a felony under § 3-325, punishable by up to 20 years in prison, a fine of up to $25,000, or both.
Sources10Md. Code, Crim. Law § 3-3254Md. Code, Crim. Law § 3-8053Md. Code, Crim. Law § 3-802
Intimate images shared without consent
Md. Code, Crim. Law § 3-809 makes it a crime to knowingly share a nude or sexual image of an identifiable person with intent to harm, harass, intimidate, threaten or coerce them, when the sharer knew they did not consent or ignored that risk, and the person expected the image to stay private. The law covers computer-generated images that are indistinguishable from the real person and carries up to 2 years in prison, a fine of up to $5,000, or both. Victims can also sue for defamation per se or invasion of privacy, and the court may award attorneys' fees to a winning plaintiff.
03Data protection and the right to have content removed
The Maryland Online Data Privacy Act gives Maryland residents the right to ask a covered business to delete personal data provided by or obtained about them, unless the law requires the business to keep it. The business generally must respond within 45 days, with one possible 45-day extension. The law applies only to businesses that meet thresholds, such as handling the personal data of at least 35,000 consumers in the prior year, and it does not cover publicly available information such as government records.
Sources11Md. Code, Com. Law § 14-470512Md. Code, Com. Law § 14-470213Md. Code, Com. Law § 14-4701
04How to remove defamatory content in Maryland
How to remove defamatory content in Maryland
A lawsuit is one route, but it is slow, costly and public. Much harmful content can come down sooner through the platform’s own reporting process, a legal notice to the site owner or host, or a removal request to search engines. The right route depends on where the content lives and on the law that applies to it.
Media Removal reviews each case and recommends the fastest route that fits it. Removal always depends on each platform and, where relevant, the courts.
05Frequently asked questions about defamation in Maryland
How long do you have to sue for defamation in Maryland?
Generally one year. Under Md. Code, Cts. & Jud. Proc. § 5-105, a libel or slander lawsuit must be filed within one year from the date the claim accrues. A lawyer can tell you when that clock started in your situation.
Is defamation a crime in Maryland?
No. Maryland repealed the common-law crime of criminal defamation (Crim. Law § 9-507), so defamation is pursued as a civil claim. Related conduct, such as stalking, electronic harassment or sharing intimate images without consent, can still be a crime.
Does Maryland have an anti-SLAPP law?
Yes, but it is narrow. Md. Code, Cts. & Jud. Proc. § 5-807 only applies to lawsuits brought in bad faith over speech on government matters or issues of public concern, and the statute does not address attorneys' fees.
What do you have to prove to win a defamation case in Maryland?
A plaintiff must show that the defendant made a defamatory statement to a third person, that it was false, that the defendant was legally at fault, and that the plaintiff was harmed. Private figures generally must show negligence, while public figures must show malice.
Is sharing intimate images without consent illegal in Maryland?
Yes. Md. Code, Crim. Law § 3-809 makes it a crime to share nude or sexual images, including realistic computer-generated ones, without consent and with intent to harm or harass, and victims may also bring a civil lawsuit.
06Defamation laws in nearby states
07Sources
- Piscatelli v. Van Smith, 424 Md. 294 (2012)
- Md. Code, Crim. Law § 9-507
- Md. Code, Crim. Law § 3-802
- Md. Code, Crim. Law § 3-805
- Md. Code, Crim. Law § 3-809
- Md. Code, Cts. & Jud. Proc. § 5-105
- Md. Code, Cts. & Jud. Proc. § 5-807
- Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Maryland
- Md. Code, Crim. Law § 3-803
- Md. Code, Crim. Law § 3-325
- Md. Code, Com. Law § 14-4705
- Md. Code, Com. Law § 14-4702
- Md. Code, Com. Law § 14-4701
