(Code 1981, §51-4-6, enacted by Ga. L. 2012, p. 637, § 3/HB 1114.)
Editor's notes.- Ga. L. 2012, p. 637, § 4/HB 1114, not codified by the General Assembly, provides that: "This Act shall not apply to any offense committed before the effective date of this Act." This Act became effective May 1, 2012.
Law reviews.- For article on the 2012 enactment of this Code section, see 29 Ga. St. U.L. Rev. 278 (2012).
CHAPTER 5 LIBEL AND SLANDERSec.
- Constitutional guarantee of free speech and press, Ga. Const. 1983, Art. I, Sec. I, Para. V.
Invasion of privacy through electronic mediums, T. 16, C. 11, Pt. 3.
Criminal defamation, § 16-11-40.
Law reviews.- For note applying first amendment free speech tests to commercial and noncommercial defamation of corporations and their products and services, see 27 Emory L.J. 755 (1978). For note on standards of fault governing litigants in defamation actions in light of first amendment rights, see 29 Mercer L. Rev. 841 (1978). For note, "A (Thigh) Gap in the Law: Addressing Egregious Digital Manipulation of Celebrity Images," see 34 Ga. St. U.L. Rev. 795 (2018). For note, "Injunction Junction, What's Your Function? Crafting Permanent Injunctions to be Appropriate Remedies in Defamation Cases," see 54 Ga. L. Rev. 663 (2020). For comment, "You've Got Libel: How the Can-Spam Act Delivers Defamation Liability to Spam-Fighters and Why the First Amendment Should Delete the Problem," see 58 Emory L.J. 1013 (2009).
JUDICIAL DECISIONS
In Georgia, libel and slander Code sections are a codification of common law. American Broadcasting-Paramount Theatres, Inc. v. Simpson, 106 Ga. App. 230, 126 S.E.2d 873 (1962).
RESEARCH REFERENCESIdentification of Individual Allegedly Defamed, 1 POF2d 513.
Commercial Defamation Caused by Erroneous Credit Report Issued by Credit Reporting Agency, 9 POF2d 1.
Defamation with Actual Malice, 14 POF2d 49.
Liability for Abusive Language, 16 POF2d 493.
Sufficiency of Retraction of Defamatory Statement, 40 POF2d 649.
Invasion of Privacy by Public Disclosure of Private Facts, 43 POF2d 449.
Defamation by Employer, 5 POF3d 493.
Invasion of Privacy by False Light Publicity, 6 POF3d 585.
Affirmative Defenses in Libel Actions, 22 POF3d 305.
Libel and Slander Actions by of Against Attorneys or Physicians, 30 POF3d 53.
Liability for Supplying False Information to Credit Report Agency, 45 POF3d 221.
Proof of Liability for Violation of Privacy of Internet User by Use of Cookies or Other Means, 67 POF3d 249.
Media Outage, 68 POF3d 179.
Proof of Circumstances Establishing Constitutional Malice in a Defamation Cause of Action, 71 POF3d 321.
ALR.
- What constitutes variance between pleading and proof of defamatory words, 2 A.L.R. 367.
Necessity and sufficiency of proof that libel or slander in which the plaintiff's name was used was published or spoken concerning plaintiff, 3 A.L.R. 1279.
Libel and slander: communications between different offices of corporation, 5 A.L.R. 455.
Libel and slander: charging one with failure to keep his contracts, 5 A.L.R. 1362.
Libel and slander: publisher's liability as affected by his ignorance of writer's libelous intention, 10 A.L.R. 672.
Proof of other defamatory statements in civil action for libel or slander, 12 A.L.R. 1026; 86 A.L.R. 1297.
Charging merchant with using false weights or measures as libel or slander, 13 A.L.R. 1019; 106 A.L.R. 437.
Character of libel or slander for which criminal prosecution will lie, 19 A.L.R. 1470.
Libel and slander of another employee, or former employee, as within scope of employee's authority, 24 A.L.R. 133; 29 A.L.R. 225.
Libel or slander as affected by mistake in statement or publication as to name or description of person to whom it relates, 26 A.L.R. 454; 41 A.L.R. 485.
Proof of good character or reputation of plaintiff in action for libel or slander, 28 A.L.R. 762.
Abusive words as slander or libel, 37 A.L.R. 883.
Libel or slander affecting bank, 37 A.L.R. 1348.
Discharge of employee under imputation of dishonesty as supporting action ex delicto other than libel or slander, 43 A.L.R. 1078.
Libel and slander: false imputation of matrimonial intentions, 44 A.L.R. 1424.
Libel and slander: imputing disease as actionable per se, 45 A.L.R. 1114.
Libel and slander: liability of member of a credit association for reporting one as a delinquent debtor, 48 A.L.R. 573.
Parties plaintiff to actions based on libel or slander of a firm or its members, 52 A.L.R. 912.
Action by corporation for libel or slander, 52 A.L.R. 1199; 86 A.L.R. 442.
Libel and slander: charging one with being a bastard or illegitimate, 53 A.L.R. 548.
Libel and slander: what imputations against clergyman are actionable, 53 A.L.R. 637.
Libel and slander: defamation of one in his character as a political leader or "boss," 55 A.L.R. 854.
Failure to deny or to reply to charge or to take other steps to mitigate damages as affecting recovery for libel or slander, 56 A.L.R. 255.
Libel or slander by imputation of drunkenness, 58 A.L.R. 1157.
Libel or slander of stockholder or officer by publication or statement which reflects on him as well as on corporation, 58 A.L.R. 1233.
Attachment in libel and slander cases, 61 A.L.R. 1347.
Libel and slander: imputation of mental disorder, impairment of mental faculties, or want of mental capacity, as actionable per se, 66 A.L.R. 1257.
Libel and slander: publication or statement as defamatory, by reason of extrinsic facts, of person not referred to nor intended to be referred to, 69 A.L.R. 734.
Law of libel and slander in its application to reflections on ability or skill of public performers, or persons associated with public performances as managers, trainers, etc., 72 A.L.R. 921.
Admissibility in behalf of defendant in action for libel or slander or similar charges made by other persons against plaintiff, 74 A.L.R. 732.
Mental or physical suffering as element of damages for libel or slander, 90 A.L.R. 1175.
Libel and slander: words or publication imputing marital discord as actionable per se, 92 A.L.R. 1128.
Law of libel or slander as applied to motion pictures, 99 A.L.R. 878.
Admissibility in action for slander or libel of evidence of aversion or contempt manifested as consequence of libelous or slanderous publication, to show its hurtful tendency, 105 A.L.R. 944.
Right of action for damages because of methods used in attempting to collect debts, 106 A.L.R. 1453.
Libel and slander: imputation of price-cutting, 118 A.L.R. 317.
Libel and slander: imputation of association with persons of race or nationality as to which there is social prejudice, 121 A.L.R. 1151.
Libel or slander: propriety, where actual damages are not shown, in instructions on compensatory damages which do not embody jury's right to award small or nominal damages, 122 A.L.R. 853.
Libel and slander: defamation of deceased person as ground of action by members of his family, or other persons associated with him, in their own right, because of its tendency to subject them to ridicule or contempt, 132 A.L.R. 891.
Provocation as mitigating damages in action for libel or slander, 132 A.L.R. 932.
Libel and slander: imputation of poverty, 137 A.L.R. 913.
Libel and slander: publication of notice of cessation of relationship of principal and agent or employer and employee, or of business or professional relationship, 138 A.L.R. 671.
What amounts to ratification by principal or master of libel or slander by agent or servant, 139 A.L.R. 1066.
Civil liability for defamation of dead, 146 A.L.R. 739.
Liability for injury to person or damage to property as result of "blackout," 147 A.L.R. 1442; 148 A.L.R. 1401; 150 A.L.R. 1448; 153 A.L.R. 1433; 154 A.L.R. 1459; 155 A.L.R. 1458; 158 A.L.R. 1463.
Libel and slander: statements regarding labor relations or disputes, 150 A.L.R. 932; 19 A.L.R.2d 694.
Libel and slander: words reflecting upon one in his character as employee as actionable per se, 6 A.L.R.2d 1008.
Validity, construction, and application of statute limiting damages recoverable for defamation, 13 A.L.R.2d 277.
Liability of police or other peace officer or his bond for defamation, 13 A.L.R.2d 897.
Civil liability for insulting or abusive language not amounting to defamation, 15 A.L.R.2d 108.
Liability for permitting walls or other portions of place of public resort to be occupied with matter defamatory of plaintiff, 28 A.L.R.2d 1454.
Imputation of perjury or false swearing as actionable per se, 38 A.L.R.2d 161.
Liability for statement or publication representing plaintiff as cruel to or killer of animals, 39 A.L.R.2d 1388.
Libel and slander: statements respecting race, color, or nationality as actionable, 46 A.L.R.2d 1287.
Injunction as remedy against defamation of person, 47 A.L.R.2d 715.
Libel and slander: statement or publication that plaintiff has been indicted or is under indictment, 52 A.L.R.2d 1178.
Libel and slander: actionability of statement imputing incapacity, inefficiency, misconduct, fraud, dishonesty, or the like to public officer or employee, 53 A.L.R.2d 8.
Liability of insurance company for libel or slander by its agents or employees, 55 A.L.R.2d 828.
Defamatory nature of charges or imputations in conditional or alternative form, 59 A.L.R.2d 928.
Libel and slander: criticism of literary or artistic works, 64 A.L.R.2d 245.
Defamatory nature of statements reflecting on plaintiff's religious beliefs, standing, or activities, 87 A.L.R.2d 453.
Liability of partners or partnership for libel, 88 A.L.R.2d 474.
Reliance on facts not stated or referred to in publication, as support for defense of fair comment in defamation case, 90 A.L.R.2d 1279.
What evidence is admissible to identify plaintiff as person defamed, 95 A.L.R.2d 227.
Constitutional aspects of libel or slander of public officials, 95 A.L.R.2d 1450.
Right and remedy of drawer of check against collecting bank which receives it on forged indorsement and collects it from drawee bank, 99 A.L.R.2d 637.
Libel and slander: charge of being a "crook,", 1 A.L.R.3d 844.
Libel and slander: false news reports as to births, betrothals, marriages, divorces, or similar marital matters, 9 A.L.R.3d 559.
Libel and slander: statements as to plaintiff's charging excessive or exorbitant prices or fees, 11 A.L.R.3d 884.
Libel and slander: actionability of charge of being a "slut," "bitch," or "son of a bitch,", 13 A.L.R.3d 1286.
Libel and slander: actionability of imputing to private person mental disorder or incapacity, or impairment of mental faculties, 23 A.L.R.3d 652.
Defamation: actionability of accusation or imputation of shoplifting, 29 A.L.R.3d 961.
Public disclosure of person's indebtedness as invasion of privacy, 33 A.L.R.3d 154.
Libel and slander: actionability of statements imputing inefficiency or lack of qualification to public school teacher, 40 A.L.R.3d 490.
Threatening, instituting, or prosecuting legal action as invasion of right of privacy, 42 A.L.R.3d 865.
Right of governmental entity to maintain action for defamation, 45 A.L.R.3d 1315.
Imputation of insolvency as defamatory, 49 A.L.R.3d 163.
Libel and slander: charges of slumlordism or the like as actionable, 49 A.L.R.3d 1074.
Libel and slander: actionability of defamatory statements as to business conduct, relating to a single transaction or occurrence, 51 A.L.R.3d 1300.
Waiver or loss of right of privacy, 57 A.L.R.3d 16.
Disparagement of the quality of intangible property, 74 A.L.R.3d 298.
Taking unauthorized photographs as invasion of privacy, 86 A.L.R.3d 374.
Liability of telegraph or telephone company for transmitting or permitting transmission of libelous or slanderous messages, 91 A.L.R.3d 1015.
Liability for defamation for criticizing restaurant's food, 96 A.L.R.3d 609.
Labor union's liability to member for defamation, 100 A.L.R.3d 546.
Imputation of homosexuality as defamation, 3 A.L.R.4th 752.
Liability of commercial printer for defamatory statement contained in matter printed for another, 16 A.L.R.4th 1372.
Refusal of defendant in "public figure" libel case to identify claimed sources as raising presumption against existence of source, 19 A.L.R.4th 919.
Civil liability for insulting or abusive language - modern status, 20 A.L.R.4th 773.
State constitutional protection of allegedly defamatory statements regarding private individual, 33 A.L.R.4th 212.
Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 35 A.L.R.4th 441.
Proof of injury to reputation as prerequisite to recovery of damages in defamation action - post-Gertz cases, 36 A.L.R.4th 807.
Criticism or disparagement of character, competence, or conduct of candidate for office as defamation, 37 A.L.R.4th 1088.
Criticism or disparagement of physician's or dentist's character, competence, or conduct as defamation, 38 A.L.R.4th 836.
Defamation of psychiatrist, psychologist, or counselor, 38 A.L.R.4th 874.
Defamation: Application of New York Times and related standards of nonmedia defendants, 38 A.L.R.4th 1114.
Defamation: privilege accorded state or local governmental administrative records relating to private individual member of public, 40 A.L.R.4th 318.
What constitutes "single publication" within meaning of single publication rule affecting action for libel and slander, violation of privacy, or similar torts, 41 A.L.R.4th 541.
Defamation: nature and extent of privilege accorded public statements, relating to subject of legislative business or concern, made by member of state or local legislature or council outside of formal proceedings, 41 A.L.R.4th 1116.
Defamation action as surviving plaintiff's death, under statute not specifically covering action, 42 A.L.R.4th 272.
Actionable nature of advertising impugning quality or worth of merchandise or products, 42 A.L.R.4th 318.
Criticism or disparagement of attorney's character, competence, or conduct as defamation, 46 A.L.R.4th 326.
Libel or slander: defamation by gestures or acts, 46 A.L.R.4th 403.
Excessiveness or inadequacy of compensatory damages for defamation, 49 A.L.R.4th 1158.
Defamation: who is "libel-proof,", 50 A.L.R.4th 1257.
Name appropriation by employer or former employer, 52 A.L.R.4th 156.
Libel and slander: defamation by cartoon, 52 A.L.R.4th 424.
Libel and slander: defamation by photograph, 52 A.L.R.4th 488.
Defamation of class or group as actionable by individual member, 52 A.L.R.4th 618.
Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress, 52 A.L.R.4th 853.
Credit card issuer's liability, under state laws, for wrongful billing, cancellation, dishonor, or disclosure, 53 A.L.R.4th 231.
Libel and slander: defamation by question, 53 A.L.R.4th 450.
Libel and slander: sufficiency of identification of allegedly defamed party, 54 A.L.R.4th 746.
Defamation of professional athlete or sports figure, 54 A.L.R.4th 869.
False light invasion of privacy - cognizability and elements, 57 A.L.R.4th 22.
False light invasion of privacy - defenses and remedies, 57 A.L.R.4th 244.
Imputation of criminal, abnormal, or otherwise offensive sexual attitude or behavior as defamation - post-New York Times cases, 57 A.L.R.4th 404.
Libel or slander: defamation by statement made in jest, 57 A.L.R.4th 520.
False light invasion of privacy - accusation or innuendo as to criminal acts, 58 A.L.R.4th 902.
False light invasion of privacy - neutral or laudatory depiction of subject, 59 A.L.R.4th 502.
False light invasion of privacy - disparaging but noncriminal depiction, 60 A.L.R.4th 51.
Imputation of allegedly objectionable political or social beliefs or principles as defamation, 62 A.L.R.4th 314.
Defamation: designation as scab, 65 A.L.R.4th 1000.
Intrusion by news-gathering entity as invasion of right of privacy, 69 A.L.R.4th 1059.
Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 12 A.L.R.5th 195.
Who is "public figure" for purposes of defamation action, 19 A.L.R.5th 1.
Propriety of publishing identity of sexual assault victim, 40 A.L.R.5th 787.
Libel and slander: charging one with breach or nonperformance of contract, 45 A.L.R.5th 739.
Defamation: publication of letter to editor in newspaper as actionable, 54 A.L.R.5th 443.
Claims Concerning Use of "Cookies" To Acquire Internet Users' Web Browsing Data Under Federal Law, 36 A.L.R. Fed. 3d Art. 5.