US state guide
This guide is general information about the law in Montana, 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 Montana.
01Defamation law in Montana
Where the law comes from
Montana defines defamation by statute. Defamation happens through libel or slander. Libel is a false and unprivileged publication in writing, print, pictures or another fixed form that exposes a person to hatred, contempt or ridicule, causes them to be shunned or avoided, or tends to harm them in their work. Slander covers false and unprivileged statements, other than libel, that fall into specific categories or that naturally cause actual damage.
Sources1Mont. Code Ann. § 27-1-801 (defamation, how effected)2Mont. Code Ann. § 27-1-802 (libel defined)3Mont. Code Ann. § 27-1-803 (slander defined)
Is defamation a crime?
Montana's criminal code still contains a criminal defamation statute, which makes knowingly communicating defamatory matter to a third person punishable by up to six months in county jail, a fine of up to $500, or both. According to a 2019 federal court opinion, the Montana Supreme Court found an earlier version overbroad in 1996 because it kept truth from being a full defense, and the legislature amended it in 1997. In that 2019 case, a federal district court declared the current statute facially unconstitutional because it does not require actual malice, although the text remains in the code.
Sources4Mont. Code Ann. § 45-8-212 (criminal defamation)5Myers v. Fulbright, No. CV 17-59-M-DWM (D. Mont. Mar. 18, 2019), opinion and order
Statute of limitations
A libel or slander lawsuit in Montana must be filed within two years. The same two-year period applies to assault, battery and false imprisonment claims.
Defamation per se
Montana's slander statute names specific kinds of false statements that count as slander: saying someone committed a crime or was charged, convicted or punished for one; saying someone has an infectious, contagious or loathsome disease; statements that directly harm a person's office, profession, trade or business; and claims of impotence or lack of chastity. Any other false spoken statement is slander only if it naturally causes actual damage.
Anti-SLAPP protection
In May 2025 Montana adopted a version of the Uniform Public Expression Protection Act (House Bill 292), which took effect immediately. A person sued over speech, press, assembly, petition or association on a matter of public concern, or over statements in government proceedings, can file a special motion to dismiss that pauses the case, including discovery. If the motion is granted, the court must award the defendant costs and attorney's fees, and a denial can be appealed right away.
Source7Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Montana
Retraction and correction
Before seeking punitive damages over a statement in a newspaper, magazine, periodical, radio or TV station, or cable system, the defamed person must send written notice identifying the article or broadcast, the statements claimed to be false and what the true facts are, and give those responsible a reasonable chance to correct it. For print, a correction in the first issue published after one week from receipt of the notice is timely; for broadcasts, a correction aired within seven days, at the same time of day and at least as long, is timely. If the original statement was an honest mistake, a timely correction that is as prominent as the original is a defense against punitive damages.
Sources8Mont. Code Ann. § 27-1-8189Mont. Code Ann. § 27-1-81910Mont. Code Ann. § 27-1-821
Defenses and public figures
Montana's constitution allows the truth of a statement to be offered as evidence in every libel or slander case, and only false statements meet the statutory definitions. Statements made in official duties or in legislative, judicial or other official proceedings are privileged, as are fair and accurate reports of those proceedings made without malice and good-faith communications to someone with a legitimate interest. The Montana Supreme Court has said a public figure cannot recover damages for defamation without showing actual malice.
Sources11Mont. Const. art. II, § 712Mont. Code Ann. § 27-1-804 (privileged communications)5Myers v. Fulbright (D. Mont. 2019), citing Roots v. Montana Human Rights Network, 913 P.2d 638, 640 (Mont. 1996)
02Online harassment, cyberstalking and doxxing in Montana
Cyberstalking
Montana's stalking law covers purposely or knowingly engaging in a course of conduct aimed at a specific person that the offender knows or should know would make a reasonable person fear for their safety or suffer substantial emotional distress. A course of conduct means two or more acts, including acts carried out through communications or electronic devices, and monitoring includes using GPS or other digital technology. A first offense can bring up to one year in county jail, a fine of up to $1,000, or both; a repeat offense or one with aggravating factors, such as violating a protection order, can bring up to five years in state prison, a fine of up to $10,000, or both.
Online harassment
Under Montana's privacy in communications law, it is a crime to send an electronic communication, with the purpose to terrify, intimidate, threaten, harass or injure, that threatens harm to a person or their property or repeatedly uses obscene or lewd language. It is also a crime to use electronic communications to try to extort money or to disturb someone's peace or privacy through repeated messages. A first offense carries up to six months in county jail, a fine of up to $500, or both, with higher penalties for repeat convictions, up to five years in state prison for a third.
Intimate images shared without consent
Montana makes it a crime to publish, distribute or disclose real or digitally fabricated nude or sexual images of an identifiable person without consent, when done to terrify, intimidate, threaten, harass or injure them or to obtain money. Threatening to release such images to get money is also covered, and "digitally fabricated" includes media created with artificial intelligence. A first offense is a misdemeanor; a second or later conviction is a felony punishable by up to five years in prison, a fine of up to $25,000, or both.
03Data protection and the right to have content removed
The Montana Consumer Data Privacy Act gives residents the right to access, correct and delete personal data a business holds about them, and to opt out of targeted advertising, certain data sales and certain profiling. It applies to businesses operating in Montana or targeting its residents that handle the personal data of at least 25,000 Montana consumers, or 15,000 if more than 25% of their gross revenue comes from selling personal data. Businesses must respond within 45 days, which can be extended by 45 more; only the attorney general can enforce the law, and it does not create a private right to sue.
Sources15Mont. Code Ann. § 30-14-2808 (consumer rights)16Mont. Code Ann. § 30-14-2803 (applicability)17Mont. Code Ann. § 30-14-2817 (enforcement)
04How to remove defamatory content in Montana
How to remove defamatory content in Montana
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 Montana
How long do you have to sue for defamation in Montana?
Two years. Montana Code § 27-2-204(3) sets a two-year deadline for filing both libel and slander lawsuits.
Is defamation a crime in Montana?
A criminal defamation statute, § 45-8-212, is still in Montana's code, but a federal court declared it facially unconstitutional in 2019 because it does not require proof of actual malice. Separately, a person can bring a civil lawsuit for libel or slander under Montana's civil statutes.
Does Montana have an anti-SLAPP law?
Yes. In 2025 Montana adopted a version of the Uniform Public Expression Protection Act. People sued over speech on matters of public concern can file a special motion to dismiss, and if the court grants it, the defendant is awarded costs and attorney's fees.
Do I have to ask a newspaper for a correction before suing in Montana?
Montana's correction rule is tied to punitive damages. To claim punitive damages over a statement in a newspaper, magazine, periodical or broadcast, you must first send written notice identifying the false statements and the true facts and give those responsible a reasonable chance to correct it.
Is posting intimate images without consent illegal in Montana?
Yes. Under § 45-8-213, sharing real or digitally fabricated (including AI-made) intimate images of an identifiable person without consent, to harass, threaten or extort them, is a crime, and a second or later conviction is a felony.
06Defamation laws in nearby states
07Sources
- Mont. Code Ann. § 27-1-801 (defamation, how effected)
- Mont. Code Ann. § 27-1-802 (libel defined)
- Mont. Code Ann. § 27-1-803 (slander defined)
- Mont. Code Ann. § 45-8-212 (criminal defamation)
- Myers v. Fulbright, No. CV 17-59-M-DWM (D. Mont. Mar. 18, 2019), opinion and order
- Mont. Code Ann. § 27-2-204(3)
- Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: Montana
- Mont. Code Ann. § 27-1-818
- Mont. Code Ann. § 27-1-819
- Mont. Code Ann. § 27-1-821
- Mont. Const. art. II, § 7
- Mont. Code Ann. § 27-1-804 (privileged communications)
- Mont. Code Ann. § 45-5-220 (stalking)
- Mont. Code Ann. § 45-8-213(1)(a)-(b), (4)
- Mont. Code Ann. § 30-14-2808 (consumer rights)
- Mont. Code Ann. § 30-14-2803 (applicability)
- Mont. Code Ann. § 30-14-2817 (enforcement)