Defamation and Online Harassment Laws in Georgia

Georgia defamation law combines statutes in Title 51, Chapter 5 of the Georgia Code with court decisions. The Code defines libel as a false and malicious statement in a fixed form, such as print, writing or pictures, that harms a person's reputation, and slander as defamation by spoken words. Courts require a false statement about the plaintiff, shared with a third party without privilege, made at least negligently, and causing harm unless the statement is defamatory per se.

Sources1O.C.G.A. § 51-5-1 (Libel)2O.C.G.A. § 51-5-4 (Slander)3Digital Media Law Project, Georgia Defamation Law (citing Smith v. Stewart, 660 S.E.2d 822 (Ga. Ct. App. 2008))

Defamation in Georgia is pursued through civil lawsuits under Title 51 of the Georgia Code. Georgia once had a criminal defamation statute, but in 1982 the Supreme Court of Georgia held in Williamson v. State that its key element, a statement that tends to provoke a breach of the peace, was unconstitutionally vague and overbroad under the First and Fourteenth Amendments.

Source4Williamson v. State, 249 Ga. 851 (1982)

Claims for injury to reputation, which include libel and slander, must be filed within one year after the right of action accrues. Georgia follows the single publication rule, and a Georgia appeals court has applied it to articles posted on a newspaper's website, so the one-year period generally runs from the first publication rather than restarting each time someone views it.

Sources5O.C.G.A. § 9-3-333Digital Media Law Project, Georgia Defamation Law (citing McCandliss v. Cox Enterprises, 595 S.E.2d 856 (Ga. Ct. App. 2004))

Related guide: Statute of limitations for defamation in every state

Under Georgia's slander statute, harm is presumed when a statement falsely accuses someone of a punishable crime, says they have a contagious disease or committed a debasing act that could get them excluded from society, or attacks them in their trade, office or profession. Other spoken statements are actionable only if they cause special (financial) damage. Courts have also treated false accusations of crime, dishonesty or immorality as defamatory per se, although a statement about a single mistake by a business or professional person usually is not enough.

Sources2O.C.G.A. § 51-5-43Digital Media Law Project, Georgia Defamation Law (citing Eidson v. Berry, 415 S.E.2d 16 (Ga. Ct. App. 1992); Crown Andersen, Inc. v. Georgia Gulf Corp., 554 S.E.2d 518 (Ga. Ct. App. 2001))

Related guide: What defamation per se means

Georgia's anti-SLAPP law lets a party ask the court to dismiss or strike a claim that arises from speech or petitioning on an issue of public interest or concern, unless the other side shows a probability of winning. Discovery and other proceedings are generally paused while the motion is pending (the court can allow specific discovery for good cause), a party that wins the motion is awarded attorney's fees, and the ruling can be appealed right away. If the court finds the motion frivolous or meant only to delay, fees go to the other side instead.

Sources6O.C.G.A. § 9-11-11.17RCFP Anti-SLAPP Legal Guide: Georgia

Related guide: Anti-SLAPP laws by state

In a libel case, the plaintiff cannot recover punitive damages, only actual damages, if the defendant shows either that the plaintiff never asked in writing for a correction and retraction, or that the statement was published without malice and was corrected and retracted within seven days of a written demand (or in the next regular issue), as prominently as the original. If the plaintiff asked for it, the retraction must also run with an editorial repudiating the statement.

Source8O.C.G.A. § 51-5-11

Truth is always a defense to libel or slander in Georgia. The Code also protects certain privileged statements, including good-faith statements made in performing a duty or protecting one's own interest, speech on public issues, fair and honest reports of legislative and court proceedings, and comments on public officials' public conduct. Public officials and public figures must prove actual malice, while private plaintiffs must prove at least negligence.

Sources9O.C.G.A. § 51-5-610O.C.G.A. § 51-5-73Digital Media Law Project, Georgia Defamation Law (citing Atlanta Journal-Constitution v. Jewell, 555 S.E.2d 175 (Ga. Ct. App. 2001))

Georgia's stalking law covers following, watching or contacting someone without consent to harass and intimidate them through a pattern of conduct that causes reasonable fear for their safety or their family's safety. "Contact" expressly includes communication by computer, computer network or other electronic device. A first offense is a misdemeanor, and a second or later conviction is a felony punishable by one to ten years in prison.

Source11O.C.G.A. § 16-5-90

Related guide: Cyberstalking laws explained

Georgia's harassing communications law makes it a misdemeanor to repeatedly contact someone by phone, email, text message or other electronic means to harass, threaten or intimidate them or their family, or to threaten bodily harm through those channels. The law does not apply to constitutionally protected speech.

Source12O.C.G.A. § 16-11-39.1

Related guide: Online harassment laws explained

Under Georgia's stalking law, a person who is bound by a protective order, restraining order, peace bond, or a pretrial release, probation or parole condition that bars harassing someone commits stalking by publishing that person's photo, name, address or phone number, online or elsewhere, without consent, when the publication leads others to harass or intimidate them and the publisher knew or had reason to believe it would.

Source11O.C.G.A. § 16-5-90(a)(2)

Related guide: Is doxxing illegal?

Georgia makes it a crime to knowingly post or send nude or sexually explicit images or videos of an adult without consent when doing so is meant to cause substantial emotional harm or causes financial loss, and serves no legitimate purpose to the person shown. The law also covers falsely created images. A first offense through general electronic means is a high and aggravated misdemeanor, while posting to a website that advertises sexual content is a felony.

Source13O.C.G.A. § 16-11-90