A Guide to Georgia Defamation Laws – Libel and Slander

Finding yourself the target of false statements can be a devastating experience that leaves you feeling violated, angry, and powerless. Defamatory statements can severely damage your personal and professional reputation, affecting your relationships, career opportunities, and emotional well-being. If you’re experiencing the harmful effects of defamation, it’s important to know that Georgia law provides specific legal remedies to help you fight back against false statements and begin the process of restoring your good name.

Georgia law defines defamation of character as the publication of false statements that harm a person’s reputation by lowering them in the community’s estimation or deterring others from associating with them. Under Georgia law, defamation is categorized as either libel (written defamation) or slander (spoken defamation). Plaintiffs are required to prove that the statement was false, published to a third party, and resulted in actual damages, unless the statement constitutes defamation per se. Georgia maintains specific protections for both private and public figures seeking defamation remedies, with different standards of proof required depending on the plaintiff’s status and the nature of the defamatory statement.

What is Defamation Under Georgia Law?

Under Georgia law, defamation is defined as a false statement about another person, published to a third party, which causes damage to the person’s reputation. Georgia Code § 51-5-1 specifically defines libel as “a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule.”

Georgia recognizes two forms of defamation:

1. Libel: Written defamation or defamation published in a tangible medium, including statements published in newspapers, magazines, books, online articles, social media posts, emails, or text messages. Georgia law specifically addresses libel in Georgia Code § 51-5-1 through § 51-5-12.
2. Slander: Spoken defamation or defamation expressed orally, including verbal statements made in conversations, speeches, broadcasts, or other oral communications. Georgia law addresses slander in Georgia Code § 51-5-4.

By Georgia’s legal definition, a “malicious” statement means one that is deliberately calculated to injure. The courts have consistently held that defamation law aims to protect individuals’ reputations while balancing the constitutional right to free speech, emphasizing that defamation claims must be evaluated in context, considering the entire communication rather than isolated statements.

What Are the Elements of a Defamation Claim in Georgia?

To establish a valid defamation claim in Georgia, plaintiffs must prove several specific elements. Each of these components is essential to building a successful case and obtaining legal remedies for damage to one’s reputation.

False Statement of Fact

For a defamation claim in Georgia, there must be a false statement about the plaintiff. The statement in question must be factual in nature, not merely an opinion. Georgia courts distinguish between statements of fact, which can be proven true or false, and statements of opinion, which are generally protected speech. For a statement to be actionable as defamation, it must be capable of being proven false. Pure opinions, hyperbole, and rhetorical exaggeration typically do not qualify as defamatory statements under Georgia law.

Publication to a Third Party

The false statement must be communicated to a third party, and in the absence of a special privilege to do so. In Georgia, “publication” occurs when the defendant communicates the statement to a third party who understands its defamatory meaning. This can include verbal statements to another person, posts on social media, or articles in newspapers or online publications. Even sharing the defamatory statement with just one other person satisfies this element.

Fault (Negligence or Actual Malice)

The plaintiff must prove there was fault on behalf of the defendant, amounting to at least negligence. For private individuals, Georgia requires proof of negligence—that the defendant failed to exercise ordinary care in determining whether the statement was true before publishing it. For public figures or matters of public concern, the plaintiff must prove “actual malice”—that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Damages

The plaintiff must demonstrate that they suffered harm, unless the statement in question amounted to defamation per se. In cases of defamation per se (statements that are inherently damaging), damages are presumed. In Georgia, statements that constitute defamation per se include:

• Statements imputing the commission of a crime
• Statements making charges against another in reference to their trade, office, or profession
• Statements imputing a person has a contagious disease
• Statements imputing serious sexual misconduct

For other defamatory statements (defamation per quod), the plaintiff must provide evidence of specific damages, such as lost business opportunities, termination of employment, or emotional distress.

What Are the Standards For Private vs. Public Figures in Georgia?

Georgia law applies different standards of proof in defamation cases depending on whether the plaintiff is considered a private individual or a public figure. Understanding these distinctions is crucial for both plaintiffs and defendants in defamation litigation.

Private Figures

In Georgia, private individuals have greater protection under defamation law and face a lower burden of proof. To succeed in a defamation claim, a private figure must prove:

1. The defendant made a false statement about them
2. The statement was published to a third party
3. The defendant was at least negligent in making the statement (failed to exercise ordinary care in verifying its accuracy)
4. The statement caused damage to the plaintiff’s reputation

A private person does not need to prove the statement was made with actual malice, as it’s enough to show the defendant failed to use ordinary care to determine the truth or falsity of the statement. Georgia courts have held that private individuals deserve greater protection because they have not voluntarily placed themselves in the public spotlight and have fewer resources to counter false statements.

Public Figures

Public figures in Georgia face a higher burden of proof in defamation cases. They must prove all the elements required for private figures, plus demonstrate that the defendant acted with “actual malice”—meaning the defendant:

1. Knew the statement was false, or
2. Acted with reckless disregard for whether it was true or false

Georgia recognizes several types of public figures:

• Public officials: Those who have, or currently appear to the public in the arena of government affairs
• All-purpose public figures: Individuals who have achieved pervasive fame or notoriety or who have obtained public figure status by position alone or by commanding a substantial amount of public interest
• Limited-purpose public figures: Individuals who have voluntarily thrust themselves into a specific public controversy

To determine whether a plaintiff is a limited-purpose public figure, Georgia courts: (1) isolate the public controversy; (2) examine the plaintiff’s involvement in the controversy; and (3) determine whether the alleged defamation was germane to the plaintiff’s participation in the controversy.

The heightened standard for public figures stems from the U.S. Supreme Court’s decision in New York Times v. Sullivan and has been consistently applied by Georgia courts to balance free speech interests with reputation protection.

What Are Common Defenses to Defamation in Georgia?

Defendants in Georgia defamation cases have several potential defenses available to them. Understanding these defenses is important for both plaintiffs considering litigation and defendants responding to defamation claims.

Truth

Truth is an absolute defense to defamation in Georgia. Under Georgia law, if the defendant can prove that the allegedly defamatory statement is substantially true, the plaintiff’s claim will fail regardless of the defendant’s motives or the harm caused. Georgia courts focus on the “gist” or “sting” of the statement—minor inaccuracies will not support a defamation claim if the overall substance of the statement is true.

In Georgia, truth is recognized as an absolute (complete) defense both by state constitution and statute. As long as a statement is substantially accurate, this will be sufficient for the truth defense to defamation. In judging whether a statement is substantially true, statements “cannot be considered in isolation to determine whether they are true or false.”

Opinion

Statements of pure opinion that cannot be proven true or false are protected under the First Amendment and Georgia law. Georgia courts recognize the constitutionally based defense of privilege, which protects “the expression of opinion on matters with respect to which reasonable men might entertain differing opinions.”

Examples of protected opinions in Georgia include:

• Editorial columns expressing newspaper editors’ opinions
• Satirical poetry and programs
• Statements describing a lawsuit as “frivolous” or “lame”
• Hyperbolic statements like claiming an attorney “torpedoed” their client’s case

Privilege

Georgia recognizes several types of privilege that can protect statements from defamation claims:

• Absolute privilege: Applies to statements made during legislative proceedings, judicial proceedings, and by high-ranking government officials performing their duties. These statements are completely protected even if made maliciously. Georgia Code § 51-5-8 specifically provides absolute privilege for statements made in judicial proceedings.
• Qualified privilege: Applies to statements made in good faith on subjects in which the speaker has a legitimate interest or duty. Examples include employer references, business communications, and reports to government agencies. This privilege can be defeated if the plaintiff proves the defendant abused the privilege by acting with actual malice. Georgia Code § 51-5-7 outlines several categories of qualified privilege, including:
  • Statements made in good faith in the performance of a public duty
  • Statements made in good faith in the performance of a legal or moral private duty
  • Statements made with a good faith intent to protect one’s own interest
  • Fair and honest reports of legislative and judicial proceedings
  • Comments of counsel fairly made on their case
  • Truthful reports from arresting officers or police authorities
  • Comments upon the acts of public persons in their public capacity

Fair Report

In Georgia, fair and honest reports of proceedings of legislative or judicial bodies, or court proceedings, are conditionally privileged. Georgia courts have extended this privilege to include fair, impartial, and accurate news accounts of proceedings of administrative agencies. When proving whether the allegedly defamatory statement was a fair and honest report of a court’s statements, Georgia defendants carry the burden.

Retraction

Georgia has a specific retraction statute (Georgia Code § 51-5-11) that can limit a plaintiff’s ability to recover certain damages if the defendant publishes a retraction. For claims against newspapers, television stations, or other media outlets, the plaintiff must request a retraction in writing at least seven days before filing suit. If the defendant publishes a retraction within seven days of receiving the request, the plaintiff may only recover actual damages, not punitive damages.

Statute of Limitations

In Georgia, defamation claims must be filed within one year of the publication of the defamatory statement, according to Georgia Code § 9-3-33. This defense is procedural rather than substantive but can effectively bar a plaintiff’s claim regardless of its merits.

What Damages Can Be Recovered for Defamation in Georgia?

When a plaintiff successfully proves defamation in Georgia, they may be entitled to various forms of compensation. The types and amounts of damages available depend on several factors, including the nature of the defamatory statement and its impact on the plaintiff.

Presumed Damages

In Georgia, presumed damages are permitted in cases of slander and libel per se. These are damages which need not be proved by the plaintiff, as they are presumed to flow from the defamatory nature of the statement itself. In accordance with constitutional standards, Georgia courts recognize that to recover presumed damages, there must be clear and convincing evidence of actual malice by the defendant.

Special Damages

Special damages compensate for specific financial losses that the plaintiff can prove resulted from the defamation. These might include:

• Lost wages or income
• Lost business opportunities
• Medical expenses for treatment of emotional distress
• Other quantifiable economic losses

In cases of defamation per quod (statements not defamatory on their face), the plaintiff must prove special damages to recover any compensation. However, Georgia courts do not require plaintiffs to allege or prove special damages in libel per se cases.

Actual Damages

In Georgia, actual damages are not limited to pecuniary loss or the loss of earning power, and include:

• Impairment of reputation and standing in the community
• Hurt feelings
• Mental distress

These damages aim to compensate the plaintiff for real and actual harm suffered as a result of the defamation.

Punitive Damages

Georgia law allows for punitive damages in defamation cases “only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences” (Georgia Code § 51-12-5.1(b)).

The Georgia Supreme Court has adopted a “bright line rule,” requiring both a charge on specific intent to cause harm and a separate finding of specific intent to cause harm by the trier of fact in order to avoid the $250,000 cap on punitive damages. A state constitutional provision prohibiting excessive fines has been held applicable to the imposition of punitive damages in Georgia civil cases.

What Is The Statute of Limitations for Georgia Defamation Claims?

Understanding the time constraints for filing a defamation lawsuit is crucial for protecting your legal rights. Georgia law establishes specific deadlines that must be strictly observed.

In Georgia, the statute of limitations for defamation claims is one year from the date of publication, according to Georgia Code § 9-3-33. This means that a plaintiff must file their lawsuit within one year of when the defamatory statement was first communicated to a third party.

It’s important to note that it doesn’t matter whether the plaintiff had knowledge of the defamatory acts at the time of their occurrence, as “a libel is published as soon as it is communicated [and] this is true regardless of whether or not the plaintiff had knowledge of the act or acts at the time of their occurrence.”

Georgia generally follows the “single publication rule,” which means that the statute of limitations begins to run when the statement is first published, even if it remains accessible (such as on a website) for years afterward. This rule prevents plaintiffs from circumventing the statute of limitations by claiming that each day a defamatory statement remains accessible constitutes a new publication.

Frequently Asked Questions About Georgia Defamation Law

Below are answers to some of the most common questions about defamation law in Georgia. These insights can help you better understand your rights and options if you’re involved in a defamation matter.

Can You Press Charges Against Someone for Making False Accusations in Georgia?

Defamation in Georgia is primarily a civil matter, not a criminal offense, so you cannot “press charges” in the traditional sense. However, you can file a civil lawsuit seeking damages against someone who has made false accusations about you.

Georgia does have a criminal defamation statute, the elements of which include requirements that a communication was false, made with an “intent to defame,” and with a tendency to “provoke a breach of the peace.” In Georgia, criminal defamation is a misdemeanor. However, the Georgia Supreme Court has held that the requirement the communication be one that “tends to provoke a breach of the peace” was vague, overbroad, and ultimately unconstitutional, making criminal defamation prosecutions rare.

How Difficult is it to Win a Defamation Lawsuit in Georgia?

Winning a defamation lawsuit in Georgia can be challenging due to the need to prove all required elements: falsity, publication, fault, and damages. The difficulty increases significantly for public figures who must prove actual malice. Success rates vary based on:

• The nature of the defamatory statement
• Available evidence of falsity
• The defendant’s level of fault
• Documented damages
• Whether the plaintiff is a public or private figure
• Applicable defenses

Georgia’s retraction statute can also impact defamation cases against media defendants. If a plaintiff fails to request a retraction before filing suit, or if the defendant publishes a timely retraction, the plaintiff’s ability to recover certain damages may be limited.

Working with an experienced defamation attorney significantly improves your chances of success by helping you gather appropriate evidence and navigate complex legal standards.

How Long Do Defamation Cases Take in Georgia?

Defamation cases in Georgia typically take between one and three years to resolve, depending on:

• The complexity of the case
• The court’s docket
• Whether the case settles or goes to trial
• The need for appeals

Many defamation cases settle before trial, which can shorten the timeline. However, complex cases involving multiple defendants, extensive discovery, or novel legal issues may take longer to resolve.

Does Georgia Have an Anti-SLAPP Statute?

Yes, Georgia has an Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, codified at Georgia Code § 9-11-11.1. This law was significantly expanded in 2016 to provide broader protection for speech on matters of public interest.

Georgia’s Anti-SLAPP law requires the filing of special verifications by the plaintiff and attorney of record for any claim challenging “any written or oral statement, writing, or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law.” If the statutory verifications are not filed within ten days of notice of their omission, then the court, upon motion, must dismiss the claim with prejudice.

The law allows defendants to file a special motion to dismiss lawsuits that target protected speech or petitioning activity. Protected activities include statements made in connection with official proceedings, issues under consideration by a governmental body, statements made in a public forum on issues of public interest, and other conduct in furtherance of free speech rights on matters of public concern.

What Should I Look for in a Defamation Attorney?

When selecting a defamation attorney in Georgia, consider these key factors:

1. Experience with defamation cases: Look for an attorney with specific experience handling defamation claims in Georgia courts, not just general litigation experience.
2. Understanding of First Amendment issues: Defamation law intersects with constitutional free speech protections, so your attorney should have a strong grasp of these complex legal principles.
3. Digital expertise: For online defamation, seek an attorney familiar with internet platforms, content removal strategies, and digital evidence preservation.
4. Clear fee structure: Understand how the attorney charges (hourly rates, contingency fees, or hybrid arrangements) and what expenses you might incur.
5. Strategic approach: A good defamation attorney should offer multiple strategies, potentially including demand letters, negotiation, content removal, and litigation when necessary.
6. Communication style: Choose an attorney who explains complex legal concepts clearly and keeps you informed throughout the process.

Work With the Georgia Defamation Lawyers of Minc Law

When facing defamation issues in Georgia, having experienced legal representation can make a significant difference in protecting your reputation and securing appropriate remedies.

If you’re a Georgia resident or a resident of any other U.S. state, and have been the victim of libelous or slanderous attacks, the defamation lawyers of Minc Law want to fight for your reputation. Our team has deep experience in defamation law and has successfully represented clients throughout Georgia in complex defamation matters.

When working with Minc Law, here’s what you can expect:

• We treat all clients with respect and courtesy, recognizing that online defamation and the removal process can be especially daunting
• Open communication throughout your case, keeping you informed of all important developments
• Results-driven representation from attorneys who have secured hundreds of defamation removals and know how to work with website administrators, content managers, and third-party arbitration firms

We understand the nuances of Georgia defamation law and can help you navigate the legal process from initial consultation through resolution. Whether you need content removed from the internet, a strategic response to false statements, or representation in court, our attorneys provide personalized guidance tailored to your specific situation.

Contact Minc Law today to schedule your free, initial no-obligation consultation with an intake specialist by calling us at (216)373-7706, or by filling out our contact form online. Don’t let defamatory statements continue to damage your reputation—we want to fight for you.