Defamation and Online Harassment Laws in North Carolina

Defamation claims in North Carolina are governed mainly by common law developed by the state's courts. For slander, the Court of Appeals requires proof that the defendant spoke defamatory words that harmed the plaintiff's reputation, that the statement was false, and that a third person heard and understood it. Chapter 99 of the General Statutes adds specific rules for libel and slander claims against newspapers, periodicals and radio or TV stations.

Sources1Donovan v. Fiumara, 114 N.C. App. 524 (1994)2N.C. Gen. Stat. ch. 99 (Libel and Slander)

Defamation is usually handled as a civil claim, but two narrow criminal provisions remain in the statutes. G.S. 14-47 makes it a Class 2 misdemeanor to get a false and libelous statement published by giving it to a newspaper or periodical, and G.S. 163-274(a)(9) makes it a Class 2 misdemeanor to circulate derogatory reports about a candidate, knowing they are false or with reckless disregard for the truth, to affect an election. In 2023 the federal Fourth Circuit Court of Appeals found that the election provision is likely unconstitutional under the First Amendment, in an early-stage ruling on a request for a preliminary injunction.

Sources3N.C. Gen. Stat. § 14-474N.C. Gen. Stat. § 163-274(a)(9)5Grimmett v. Freeman, No. 22-1844 (4th Cir. Feb. 8, 2023)

Under G.S. 1-54(3), a lawsuit for libel or slander must be filed within 1 year. That is a short window, so the timing of any claim matters.

Source6N.C. Gen. Stat. § 1-54(3)

Related guide: Statute of limitations for defamation in every state

A written statement is libel per se if, read on its own and with only one possible meaning, it accuses someone of an infamous crime, says they have an infectious disease, harms them in their trade or profession, or otherwise tends to expose them to ridicule, contempt or disgrace. Spoken slander per se is limited to accusations of a crime involving moral turpitude, statements that harm someone's trade or profession, and claims that they have a loathsome disease; in those cases damage is presumed. Spoken statements that are harmful only once outside facts are known (slander per quod) require proof of a specific financial loss.

Sources7Skinner v. Reynolds, No. COA14-325 (N.C. Ct. App. Nov. 4, 2014)1Donovan v. Fiumara, 114 N.C. App. 524 (1994)

Related guide: What defamation per se means

North Carolina does not have an anti-SLAPP statute. Bills modeled on the Uniform Public Expression Protection Act have been introduced, including House Bill 1017, which died in 2022, and House Bill 144 in 2023, which cleared a House judiciary committee but did not pass.

Source8Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: North Carolina

Related guide: Anti-SLAPP laws by state

Before suing a newspaper, periodical, radio or TV station for libel or slander, the plaintiff must serve written notice at least 5 days in advance identifying the statements claimed to be false. If the publisher acted in good faith, the error was an honest mistake, there were reasonable grounds to believe the statements were true, and a full and fair correction, apology and retraction ran just as prominently within 10 days of the notice, the plaintiff can recover only actual damages. These rules do not apply to anonymous communications and publications.

Source2N.C. Gen. Stat. §§ 99-1, 99-2, 99-3

Truth, or substantial truth, is a defense, and in a criminal libel case the defendant must be acquitted if the jury is satisfied the facts are true. A pure expression of opinion that does not assert actual facts is protected, and substantially accurate reports of government proceedings and public records are covered by the fair report privilege. Public officials and public figures must prove actual malice, meaning the speaker knew the statement was false or recklessly disregarded whether it was, while private figures must show at least negligence.

Sources9N.C. Gen. Stat. § 15-1687Skinner v. Reynolds, No. COA14-325 (N.C. Ct. App. Nov. 4, 2014)10Digital Media Law Project, North Carolina Defamation Law11New York Times Co. v. Sullivan, 376 U.S. 254 (1964)

G.S. 14-196.3 makes it a Class 2 misdemeanor to use email or other electronic communication to threaten bodily harm or property damage or to extort money, to repeatedly message someone to abuse, annoy, threaten, terrify, harass or embarrass them, or to send someone knowingly false statements about the death, injury, illness, disfigurement, indecent conduct or criminal conduct of that person or their family. It also covers tracking a person's location with an electronic device without consent, with listed exceptions. The offense can be treated as committed where the message was sent, received in North Carolina, or first viewed by anyone in the state.

Source12N.C. Gen. Stat. § 14-196.3

Related guide: Cyberstalking laws explained

The stalking law, G.S. 14-277.3A, covers harassment on more than one occasion, including emails and other electronic messages that torment, terrorize or terrify a person and serve no legitimate purpose, as well as a course of conduct such as monitoring, surveilling or communicating about someone, when a reasonable person would fear for their safety or suffer substantial emotional distress. Stalking is a Class A1 misdemeanor, rising to a felony for a repeat offense or when a court order prohibiting the conduct is in effect. Separately, G.S. 14-458.1 makes certain online bullying of minors a crime, such as building a fake profile or posting a real or doctored image of a minor to intimidate or torment them.

Sources13N.C. Gen. Stat. § 14-277.3A14N.C. Gen. Stat. § 14-458.1

Related guide: Online harassment laws explained

North Carolina's cyberbullying statute once made it a crime to post private or personal information about a minor online to intimidate or torment them, but the North Carolina Supreme Court held that provision unconstitutional under the First Amendment in 2016. For adults, the stalking law's definition of a course of conduct includes communicating about a person directly, indirectly or through third parties, so repeatedly exposing someone's personal details may be relevant when it would cause a reasonable person to fear for their safety or suffer substantial emotional distress.

Sources15State v. Bishop, 368 N.C. 869 (2016)13N.C. Gen. Stat. § 14-277.3A

Related guide: Is doxxing illegal?

G.S. 14-190.5A makes it a crime to knowingly share an intimate image of an identifiable person without their consent, with intent to coerce, harass, intimidate, demean, humiliate or cause financial loss; it also covers realistic images created or altered with technology, including artificial intelligence. For an adult offender it is a Class H felony. Victims can also sue for actual damages (not less than $1,000 per day or $10,000, whichever is higher), punitive damages and attorneys' fees, generally within 1 year of discovering the disclosure, and a court may order the image destroyed.

Sources16N.C. Gen. Stat. § 14-190.5A6N.C. Gen. Stat. § 1-54(11)