What Are Georgia's Defamation Laws?

If you're thinking about bringing a defamation case in Georgia's civil court system, it's important to understand the different state laws that might affect your case—from how Georgia defines defamation (including is different forms) to the statute of limitations lawsuit-filing deadline for these kinds of cases.

What Is Considered Defamation in Georgia?

The basic elements of defamation under Georgia law require anyone filing this kind of lawsuit (the plaintiff) to show that the defendant (the person they're suing):

• made a false statement
• which they published or communicated to one or more other people
• while knowing the statement was false (or while failing to use ordinary care to figure out whether the statement was false).

The plaintiff will probably also need to show that they suffered "damages," meaning that the defamation caused them some kind of harm (like damage to their reputation, or financial losses). But it's important to note that in some cases, harm is presumed. More on this later.

What Types of Defamation Are There in Georgia?

In Georgia, as in most states, defamation can take one of two forms: libel or slander.

According to Georgia Code section 51-5-1, libel is "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." In plain English, that means libel is a false, harmful statement that is written down, or published in print or online (including via social media or even in the "comments" section of a web page).

Georgia Code section 51-5-4 defines slander as "oral defamation" (a spoken, false and harmful statement) that links the subject of the statement to certain criminal activity, the having of certain diseases, or a "debasing act"; or that harms the subject's trade or profession; or that results in "special damage" that would be expected to flow naturally from the statement.

Learn more about the elements of a defamation claim and the difference between libel versus slander.

What Is "Defamation Per Se" in Georgia?

As we touched on earlier, there are certain kinds of defamation cases in which, if all the other elements are established, it will be presumed that the plaintiff suffered harm. In Georgia, these kinds of statements (known as "defamation per se" in the language of the law) include those:

• stating that the plaintiff has committed a crime
• saying that the plaintiff has kind of "some contagious disorder"
• declaring that the plaintiff is guilty of some sort of "debasing" act which might exclude them from society, or
• that are meant to injure the plaintiff in terms of their job or profession.

Note: When a statement meets the definition of slander in terms of subject matter and impact, but it's written or otherwise published (making it libel), it's also considered "defamation per se" in Georgia, meaning harm to the plaintiff is presumed.

What Is the Georgia Statute of Limitations for Defamation Lawsuits?

A statute of limitations is a law that puts a strict time limit on the right to file a lawsuit. Every state has these laws on the books. There are different deadlines for different kinds of cases.

In Georgia, the statute of limitations that applies to defamation cases (whether based on libel or slander) gives you one year to get your lawsuit filed in court.

Georgia Code section 9-3-33 sets this deadline for the filing of any civil action seeking a remedy for "for injuries to the reputation."

Does Georgia Follow the "Single Publication Rule"?

Yes. For purposes of Georgia's defamation statute of limitations, the "clock" begins to run on the date on which the defamatory statement is first made. If the statement is later repeated, copied, or republished verbatim in the same as the original was, the one-year clock probably won't reset, and the plaintiff likely won't be entitled to bring another lawsuit. The "clock" might reset if the statement is changed in fundamental way before being repeated or republished, but that will be a question for the two sides of the case to argue in court.

Bottom line: What usually matters is the date on which the defamatory statement was first made or first published, for purposes of the running of the statute of limitations, and for purposes of asking a court for defamation damages.

Can Georgia's Defamation Statute of Limitations Be Extended?

Georgia law identifies a number of scenarios that could serve to delay the start of the statute of limitations "clock" for potential defamation lawsuits (or pause the clock after it has already started), effectively extending the one-year filing deadline set by Georgia Statutes section 9-3-33.

Here are a few examples of circumstances that are likely to modify the timeline:

• when the defendant (the person who allegedly made the defamatory statement) was (or is) out of the state for any part of the one-year period, starting from the date on which the statement was made (Georgia Code section 9-3-94)
• when the plaintiff (the subject of the statement) is "legally incompetent because of intellectual disability or mental illness" at the time the statement is made (Georgia Code 9-3-90), and
• if the plaintiff is under the age of 18 at the time of the allegedly defamatory statement (Georgia Code 9-3-90).

What If You Miss the Statute of Limitations Deadline?

If more than a year has passed since the defamatory statement was made, but you try to file a defamation lawsuit in Georgia's courts anyway, the court will almost certainly dismiss your case. If that happens, you'll have lost your right to ask any court for a legal remedy for the defamation.

The Statute of Limitations Matters Even If You're Settling

It's important to note that the one-year Georgia statute of limitations isn't just a factor if you've decided to take your defamation case to court. It's also crucial to your position if you're negotiating an out-of-court settlement with the person who made the statement. If the statute of limitations deadline has passed, and the other side knows that your filing a lawsuit is now a procedural impossibility, you'll have lost all your leverage. Learn more about the timeline of a defamation claim.

If you have questions about how Georgia's statute of limitations applies to your potential defamation lawsuit—especially if the one-year deadline is coming up—it may be time to discuss your situation with an experienced Georgia attorney.