Defamation and Online Harassment Laws in Minnesota

Civil defamation in Minnesota comes mainly from common law developed by the courts. The Minnesota Supreme Court has said a plaintiff must prove a false and defamatory statement about them, communicated to a third party without privilege, that harmed their reputation in the community. The state constitution protects the right to speak, write and publish while holding people responsible for abusing it, and statutes set the filing deadline and special damage rules for newspaper libel.

Sources1Maethner v. Someplace Safe, Inc., 929 N.W.2d 868 (Minn. 2019)2Minn. Const. art. I, § 33Minn. Stat. § 541.074Minn. Stat. § 548.06

Minnesota still has a criminal defamation law. It is a crime to communicate false and defamatory matter about someone to a third person, without their consent, while knowing it is false and defamatory; the penalty is up to 364 days in jail, a fine of up to $3,000, or both. A 2016 amendment added the requirement that the statement be false and removed an old provision under which true statements were excused only if made with good motives. Certain statements are excused, such as absolutely privileged communications, good-faith fair comment about people involved in matters of public concern, and fair reports of official proceedings.

Sources5Minn. Stat. § 609.7656Laws of Minnesota 2016, ch. 126, § 8

Lawsuits for libel or slander generally must be started within two years, unless another statute provides otherwise.

Source3Minn. Stat. § 541.07(1)

Related guide: Statute of limitations for defamation in every state

Minnesota still recognizes defamation per se, which includes false accusations of a crime and false statements about a person's business, trade or professional conduct. For these statements harm to reputation can traditionally be presumed, but when the statement involves a matter of public concern, a private plaintiff cannot recover presumed damages without proving actual malice.

Source1Maethner v. Someplace Safe, Inc., 929 N.W.2d 868 (Minn. 2019)

Related guide: What defamation per se means

Minnesota's earlier anti-SLAPP law was found by the Minnesota Supreme Court in 2017 to violate the state constitutional right to a jury trial, and it was later repealed. In 2024 the state adopted the Uniform Public Expression Protection Act, which covers claims based on statements in government proceedings and on speech, press, assembly, petition or association on a matter of public concern, with listed exceptions. A defendant can generally file a special motion within 60 days of being served, which pauses most of the case, including discovery; a defendant who wins the motion must be awarded costs and reasonable attorney fees, and one who loses can appeal right away.

Sources7Minn. Stat. §§ 554.07-554.20 (Uniform Public Expression Protection Act; repeal of §§ 554.01-554.06)8Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Minnesota (discussing Leiendecker v. Asian Women United of Minn., 895 N.W.2d 623 (Minn. 2017))

Related guide: Anti-SLAPP laws by state

When suing over libel published in a newspaper, a plaintiff can recover only special (provable financial) damages unless they first serve the publisher with a notice identifying the statements and asking for them to be withdrawn. If the newspaper does not publish a retraction within one week, on the same page, in the same type and under a "RETRACTION" heading, the plaintiff may also seek general damages. Even after a proper retraction, general damages remain available unless the publisher shows it acted in good faith and under a mistake of fact; stricter rules apply to candidates for office, and the section does not apply to libel imputing unchastity.

Source4Minn. Stat. § 548.06

Under the First Amendment, public officials suing over their official conduct must prove actual malice, meaning the speaker knew the statement was false or recklessly disregarded whether it was. Private plaintiffs must show at least some fault, and in Minnesota they cannot recover presumed damages for statements on matters of public concern without proving actual malice. Because a claim requires a false statement, truth defeats it, and Minnesota also recognizes absolute and qualified privileges, although a qualified privilege can be lost if the statement was made with malice.

Sources9New York Times Co. v. Sullivan, 376 U.S. 254 (1964)10Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)11Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986)1Maethner v. Someplace Safe, Inc., 929 N.W.2d 868 (Minn. 2019)

It is a gross misdemeanor to follow, monitor or pursue someone in person or through any technological means with intent to kill, injure, harass or intimidate them, when this places them in reasonable fear of substantial bodily harm or causes, or would reasonably be expected to cause, substantial emotional distress. Aggravated cases are felonies. Stalking, defined as two or more qualifying acts within five years that the offender knows or has reason to know would make the victim feel terrorized or fear bodily harm, and that do, is a felony punishable by up to 10 years in prison.

Source12Minn. Stat. § 609.749, subds. 2, 3, 5

Related guide: Cyberstalking laws explained

Repeatedly calling or texting someone, or repeatedly sending them messages or other communications, including electronically, with intent to harass or intimidate can be a gross misdemeanor when it causes reasonable fear of substantial bodily harm or substantial emotional distress. A separate misdemeanor covers repeated harassing deliveries, including electronic ones. Victims can also ask a court for a harassment restraining order, generally lasting up to two years, against repeated intrusive or unwanted acts or words that have a substantial adverse effect on their safety, security or privacy.

Sources12Minn. Stat. § 609.749, subd. 213Minn. Stat. § 609.795, subd. 114Minn. Stat. § 609.748

Related guide: Online harassment laws explained

It is a misdemeanor to knowingly make public, without consent, personal information such as the home address, personal phone number or personal email of a law enforcement official or their family member, when this poses an imminent and serious threat to their safety that the person knows or reasonably should know about. Separately, using another person's personal information without consent to invite a third party to engage in a sexual act with them is a form of criminal harassment, and victims of that conduct can also sue.

Sources15Minn. Stat. § 609.515112Minn. Stat. § 609.749, subd. 216Minn. Stat. § 604.31, subd. 2

Related guide: Is doxxing illegal?

Intentionally sharing an identifiable sexual image of someone, knowing or having reason to know they do not consent, is a gross misdemeanor, and can carry up to three years in prison when aggravating factors apply, such as posting it on a website, acting to harass or seeking profit; a parallel crime covers realistic sexual deepfakes. Victims can also sue for damages, the sharer's profits, a civil penalty (up to $10,000 for real images and up to $100,000 for deepfakes) and attorney fees, and can ask a court for an injunction to prevent further harm.

Sources17Minn. Stat. § 617.26118Minn. Stat. § 617.26216Minn. Stat. § 604.3119Minn. Stat. § 604.32