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2018 Georgia Code 51-5-12 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 51-5-12 Case Law from Google Scholar Amendments to OCGA 51-5-12

TITLE 51 TORTS

Section 5. Libel and Slander, 51-5-1 through 51-5-12.

ARTICLE 4 LIABILITY OF SPACE FLIGHT ENTITIES

"WARNING AND AGREEMENT UNDER GEORGIA LAW THERE IS NO LIABILITY FOR INJURY, DEATH, OR OTHER LOSS RESULTING FROM ANY INHERENT RISKS OF SPACE FLIGHT ACTIVITIES. SUCH INHERENT RISKS OF SPACE FLIGHT ACTIVITIES INCLUDE, WITHOUT LIMITATION, THE POTENTIAL FOR SERIOUS BODILY INJURY, SICKNESS, PERMANENT DISABILITY, PARALYSIS, AND LOSS OF LIFE; EXPOSURE TO EXTREME CONDITIONS AND CIRCUMSTANCES; ACCIDENTS, CONTACT, OR COLLISION WITH OTHER SPACE FLIGHT PARTICIPANTS, SPACE FLIGHT VEHICLES, AND EQUIPMENT; AND DANGERS ARISING FROM ADVERSE WEATHER CONDITIONS AND EQUIPMENT FAILURE.

51-5-12. Admissibility of evidence in defamation action concerning correction and retraction; effect on damages.

  1. In any civil action for a defamatory statement which charges the visual or sound broadcast of an erroneous statement alleged to be defamatory, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction or omitted to request retraction.
  2. In any such action, the defendant may allege and give proof of the following matters, as applicable:
      1. That the matter alleged to have been broadcast and to be defamatory was published without malice;
      2. That the defendant, in a regular broadcast of the station over which the broadcast in question was made, within three days after receiving written demand, corrected and retracted the allegedly defamatory statement in as conspicuous and public a manner as that in which the alleged defamatory statement was broadcast; and
      3. That, if the plaintiff so requested, the retraction and correction were accompanied, on the same day, by an editorial in which the allegedly defamatory statement was specifically repudiated; or
    2. That no request for correction and retraction was made by the plaintiff.
  3. Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the broadcast of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages.

(Code 1981, §51-5-12, enacted by Ga. L. 1989, p. 408, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1989, "conspicuous" was substituted for "conspicious" in subparagraph (b)(1)(B).

Law reviews.

- For note on 1989 enactment of this Code section, see 6 Ga. St. U.L. Rev. 330 (1989).

JUDICIAL DECISIONS

Cited in Mathis v. Cannon, 276 Ga. 16, 573 S.E.2d 376 (2002).

RESEARCH REFERENCES

Am. Jur. 2d.

- 50 Am. Jur. 2d., Libel and Slander, §§ 319 et seq., 383, 456 et seq., 471 et seq.

Cases Citing O.C.G.A. § 51-5-12

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MacK Trucks, Inc. v. Conkle, 436 S.E.2d 635 (Ga. 1993).

Cited 70 times | Published | Supreme Court of Georgia | Nov 22, 1993 | 263 Ga. 539, 93 Fulton County D. Rep. 4126

...108 (428 SE2d 796) (1993); Allrid, supra. We further hold that the trial court did not err in rejecting appellant's claim that subsection (e) (1) violates equal protection principles. (b) Because the trial court erroneously concluded that the purpose of OCGA § 51-5-12.1 is revenue raising, the trial court erred in *544 holding that the statute violates Ga....
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Mathis v. Cannon, 573 S.E.2d 376 (Ga. 2002).

Cited 68 times | Published | Supreme Court of Georgia | Nov 25, 2002 | 276 Ga. 16, 31 Media L. Rep. (BNA) 1613, 2002 Fulton County D. Rep. 3548

...that the plaintiff had actually conspired in the technical legal sense with the persons who murdered a doctor, thereby committing a felony). [26] See Gertz, 418 U.S. at 342, 94 S.Ct. 2997. [27] See Ga. Const. art. VI, sec. VI, para. V. [28] See OCGA § 51-5-12 (2000) (dealing with retractions of defamatory statements made in a visual or sound broadcast)....
...2939 (White, J., concurring) ("the First Amendment gives no more protection to the press in defamation suits than it does to others exercising their freedom of speech"). [33] Cf. A. Chapar, Peach Sheet, Torts: Defamation and Abusive Litigation, 6 GA. ST. U.L.REV. 330, 331 & n. 8 (1989) (legislature enacted OCGA § 51-5-12 to fill the void in the statutory scheme created by the decision in Williamson v....