US state guide
This guide is general information about the law in South Carolina, 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 South Carolina.
01Defamation law in South Carolina
Where the law comes from
South Carolina has no general defamation statute; libel (written) and slander (spoken) are common-law claims shaped by its courts. The state Supreme Court lists four elements: a false and defamatory statement about the plaintiff, an unprivileged publication to a third party, fault by the publisher, and either a statement that is actionable without proof of special harm or special harm caused by the publication.
Sources1Erickson v. Jones Street Publishers, LLC, 368 S.C. 444 (2006)2Holtzscheiter v. Thomson Newspapers, Inc., 332 S.C. 502 (1998)
Is defamation a crime?
S.C. Code § 16-7-150 still makes it a misdemeanor to maliciously originate or spread a false statement that tends to injure another person's character or reputation, with a fine of up to $5,000, up to 1 year in prison, or both. In Fitts v. Kolb (1991), a federal district court declared that the statute, as drafted, is overbroad and vague in violation of the First and Fourteenth Amendments. The text remains in the code, but because of that ruling it is not a dependable basis for a complaint about someone's speech; a South Carolina lawyer can explain the current position.
Sources3S.C. Code § 16-7-1504Fitts v. Kolb, 779 F. Supp. 1502 (D.S.C. 1991)
Statute of limitations
Under S.C. Code § 15-3-550(1), a lawsuit for libel or slander must be filed within 2 years.
Source5S.C. Code § 15-3-550
Defamation per se
In South Carolina, essentially all libel is actionable per se, meaning the plaintiff does not have to prove specific financial loss. Slander is actionable per se only when it accuses someone of a crime of moral turpitude, having a loathsome disease, adultery, unchastity, or unfitness in their business or profession. When a statement is actionable per se, the law presumes common-law malice and general damages; otherwise the plaintiff must prove both malice and special damages.
Sources2Holtzscheiter v. Thomson Newspapers, Inc., 332 S.C. 502 (1998)1Erickson v. Jones Street Publishers, LLC, 368 S.C. 444 (2006)
Anti-SLAPP protection
South Carolina has not enacted an anti-SLAPP statute, and the civil-procedure title of its code contains no such law. Separately, the South Carolina Frivolous Civil Proceedings Sanctions Act (S.C. Code § 15-36-10) lets courts sanction frivolous filings and award costs and attorney's fees, but it is a general rule rather than an anti-SLAPP law.
Sources6Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: South Carolina7S.C. Code Title 15 (Civil Remedies and Procedures), chapter list8S.C. Code § 15-36-10
Defenses and public figures
Truth is a defense, and falsity is part of what the plaintiff must establish. Public officials and public figures must prove by clear and convincing evidence that the speaker knew the statement was false or acted with reckless disregard for whether it was false (actual malice). When a media defendant publishes on a matter of public concern, a private-figure plaintiff must prove falsity, malice and actual injury, and needs clear and convincing proof of actual malice to recover punitive damages; South Carolina appellate courts have also applied the fair report privilege and treated statements of opinion on public matters as not actionable.
Sources1Erickson v. Jones Street Publishers, LLC, 368 S.C. 444 (2006)2Holtzscheiter v. Thomson Newspapers, Inc., 332 S.C. 502 (1998)6Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: South Carolina (summarizing Garrard v. Charleston Cnty. Sch. Dist., 838 S.E.2d 698 (S.C. Ct. App. 2019))
02Online harassment, cyberstalking and doxxing in South Carolina
Cyberstalking
South Carolina's stalking law, S.C. Code § 16-3-1700(C), covers a pattern of verbal, written or electronic words, or a pattern of conduct, meant to make someone fear death, assault, bodily injury, criminal sexual contact, kidnapping or property damage to themselves or their family. "Electronic contact" is defined to include transmissions by computer. Under § 16-3-1730, stalking is a felony punishable by up to 5 years in prison, rising to up to 10 years when a restraining order is in effect or up to 15 years with a prior harassment or stalking conviction in the past 10 years.
Online harassment
Harassment in the second degree, S.C. Code § 16-3-1700(B), is a pattern of intentional, unreasonable intrusion into someone's private life that causes emotional distress and may include repeated verbal, written or electronic contact; under § 16-3-1710 it is a misdemeanor with up to 30 days in jail, or up to 1 year with a recent prior conviction or a restraining order in effect. Separately, § 16-17-430 makes it a misdemeanor to send obscene messages by electronic means, to threaten someone electronically in order to coerce, intimidate or harass them, or to contact them repeatedly to annoy or harass.
Sources9S.C. Code §§ 16-3-1700, 16-3-171010S.C. Code § 16-17-430
Intimate images shared without consent
Since May 12, 2025, S.C. Code § 16-15-332 makes it a crime to intentionally share an intimate image, or a digitally forged one, of another person without their effective consent. Agreeing to the image being made, or showing it to one person, does not count as consent to its wider distribution. Sharing it to cause harm or for profit is a felony with up to 5 years for a first offense; other first offenses are misdemeanors with up to 1 year in prison.
03How to remove defamatory content in South Carolina
How to remove defamatory content in South Carolina
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.
04Frequently asked questions about defamation in South Carolina
How long do you have to sue for defamation in South Carolina?
Under S.C. Code § 15-3-550, a libel or slander lawsuit generally must be filed within 2 years. A lawyer can confirm how the deadline applies to a specific situation.
Is defamation a crime in South Carolina?
A criminal libel statute, S.C. Code § 16-7-150, is still printed in the code, but a federal court declared it unconstitutional in 1991. In practice, defamation is pursued as a civil claim.
Does South Carolina have an anti-SLAPP law?
No. South Carolina has not enacted an anti-SLAPP statute. Courts can still sanction frivolous filings under the state's general Frivolous Civil Proceedings Sanctions Act (S.C. Code § 15-36-10).
Do you have to prove financial loss to win a libel case in South Carolina?
Often not for written statements, because South Carolina treats essentially all libel as actionable without proof of special damages. There is an important exception: when a media defendant reports on a matter of public concern, a private plaintiff must prove actual injury. Spoken slander requires proof of special damages unless it falls into categories such as accusing someone of a crime of moral turpitude or of being unfit for their profession.
Is posting someone's intimate images without consent illegal in South Carolina?
Yes. Since May 2025, S.C. Code § 16-15-332 makes sharing real or digitally forged intimate images without consent a crime, and a felony when done to cause harm or for profit.
05Defamation laws in nearby states
06Sources
- Erickson v. Jones Street Publishers, LLC, 368 S.C. 444 (2006)
- Holtzscheiter v. Thomson Newspapers, Inc., 332 S.C. 502 (1998)
- S.C. Code § 16-7-150
- Fitts v. Kolb, 779 F. Supp. 1502 (D.S.C. 1991)
- S.C. Code § 15-3-550
- Reporters Committee for Freedom of the Press, Anti-SLAPP Legal Guide: South Carolina
- S.C. Code Title 15 (Civil Remedies and Procedures), chapter list
- S.C. Code § 15-36-10
- S.C. Code §§ 16-3-1700, 16-3-1730
- S.C. Code § 16-17-430
- S.C. Code § 16-15-332 (2025 Act No. 37)