B. [§ 3.160] Defamation of A Private Individual

• Jurisdiction: Maryland

B. [§ 3.160] Defamation of a Private Individual

In defamation actions by plaintiffs who are not public officials or public figures, that is, "private individuals," constitutional considerations also have had an impact. The elements of a cause of action for defamation by a "private individual" plaintiff are:

(1) that the defendant made a defamatory statement to a third person (a defamatory statement being one which tends to expose a person to public scorn, hatred, contempt or ridicule, thereby discouraging others in the community from having a good opinion of, or associating with, that person),
(2) that the statement was false,
(3) that the defendant was legally at fault in making the statement, and
(4) that the plaintiff thereby suffered harm.

Lindenmuth v. McCreer, 233 Md. App. 343, 356-57, 165 A.3d 544, 552 (2017) ("Four elements must be present for a plaintiff to establish prima facie case of defamation, including that: '(1) . . . the defendant made a defamatory statement to a third person, (2) . . . the statement was false, (3) . . . the defendant was legally at fault in making the statement, and (4) . . . the plaintiff suffered harm.' Hosmane v. Seley-Radtke, 227 Md. App. 11, 20-21, 132 A.3d 348 (2016) (citing Offen v. Brenner, 402 Md. 191, 198, 935 A.2d 719 (2007)), aff'd, 450 Md. 468, 149 A.3d 573 (2016)."); see also L.J. v. Baltimore Curriculum Project, 514 F. Supp. 3d 707, 718 (D. Md. 2021); see also Myers v. Town of Colmar Manor, 457 F. Supp. 3d 480, 486 (D. Md. 2020). Note that "Maryland law does not require a false statement to be made to the public, but rather only 'to a third person[.]'" L.J., 514 F. Supp. at 718 (quoting Offen, 402 Md. at 198).

Additional pertinent cases include Norman v. Borison, 418 Md. 630, 647, 17 A.3d 697, 706 (2011) (citing and quoting Offen v. Brenner, 402 Md. 191, 198-99, 935 A.2d 719, 723-24 (2007)); Independent Newspapers, Inc. v. Brodie, 407 Md. 415, 441-42, 966 A.2d 432, 448 (2009); Piscatelli v. Smith, 197 Md. App. 23, 37, 12 A.3d 164, 173 (2011) (citing Agora, Inc. v. Axxess, Inc., 90 F. Supp. 2d 697, 701 (D. Md. 2000)), aff'd, 424 Md. 294, 35 A.3d 1140 (2012); see also Haskins v. Baylis, 440 F. Supp. 2d 455 (D. Md. 2006) (quoting Samuels v. Tschechtelin, 135 Md. App. 483, 763 A.2d 209 (2000)); S. Volkswagen, Inc. v. Centrix Fin., LLC, Civil No. JFM-04-2954, 357 F. Supp. 2d 837 (D. Md. 2005); Smith v. Danielczyk, 400 Md. 98, 115, 928 A.2d 795, 805 (2007); Spengler v. Sears, Roebuck & Co., 163 Md. App. 220...