O.C.G.A. § 51-4-6 (2019)

Annotations

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 SLANDER Sec.

Libel defined; publication prerequisite to recovery. Newspaper libel defined; publication prerequisite to recovery. What constitutes publication of libel. Slander defined; when special damage required; when damage inferred. Inference of malice; rebuttal thereof; effect of rebuttal. Truth as justification. Privileged communications. Absolute privilege of allegations in pleadings.

Cross references. - 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 ser-

Sec.

Right of action for malicious use of privilege. Liability for defamatory statements in visual or sound broadcast; damages. Admissibility of evidence in libel action concerning correction and retraction; effect thereof on damages. Admissibility of evidence in defamation action concerning correction and retraction; effect on damages.

vices, 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 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 REFERENCES Am. Jur. Proof of Facts. - Identification 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 ALR 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 ALR 1279. Libel and slander: communications between different offices of corporation, 5 ALR 455. Libel and slander: charging one with failure to keep his contracts, 5 ALR 1362. Libel and slander: publisher’s liability as affected by his ignorance of writer’s libelous intention, 10 ALR 672. Proof of other defamatory statements in civil action for libel or slander, 12 ALR 1026; 86 ALR 1297. Charging merchant with using false weights or measures as libel or slander, 13 ALR 1019; 106 ALR 437. Character of libel or slander for which criminal prosecution will lie, 19 ALR 1470. Libel and slander of another employee, or former employee, as within scope of employee’s authority, 24 ALR 133; 29 ALR 225. Libel or slander as affected by mistake in statement or publication as to name or description of person to whom it relates, 26 ALR 454; 41 ALR 485. Proof of good character or reputation of plaintiff in action for libel or slander, 28 ALR 762. Abusive words as slander or libel, 37 ALR 883. Libel or slander affecting bank, 37 ALR 1348. Discharge of employee under imputation of dishonesty as supporting action ex delicto other than libel or slander, 43 ALR 1078. Libel and slander: false imputation of matrimonial intentions, 44 ALR 1424. Libel and slander: imputing disease as actionable per se, 45 ALR 1114. Libel and slander: liability of member of

a credit association for reporting one as a delinquent debtor, 48 ALR 573. Parties plaintiff to actions based on libel or slander of a firm or its members, 52 ALR 912. Action by corporation for libel or slander, 52 ALR 1199; 86 ALR 442. Libel and slander: charging one with being a bastard or illegitimate, 53 ALR 548. Libel and slander: what imputations against clergyman are actionable, 53 ALR 637. Libel and slander: defamation of one in his character as a political leader or ‘‘boss,’’ 55 ALR 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 ALR 255. Libel or slander by imputation of drunkenness, 58 ALR 1157. Libel or slander of stockholder or officer by publication or statement which reflects on him as well as on corporation, 58 ALR 1233. Attachment in libel and slander cases, 61 ALR 1347. Libel and slander: imputation of mental disorder, impairment of mental faculties, or want of mental capacity, as actionable per se, 66 ALR 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 ALR 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 ALR 921. Admissibility in behalf of defendant in action for libel or slander or similar charges made by other persons against plaintiff, 74 ALR 732. Mental or physical suffering as element of damages for libel or slander, 90 ALR 1175. Libel and slander: words or publication imputing marital discord as actionable per se, 92 ALR 1128. Law of libel or slander as applied to motion pictures, 99 ALR 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 ALR 944. Right of action for damages because of methods used in attempting to collect debts, 106 ALR 1453. Libel and slander: imputation of price-cutting, 118 ALR 317. Libel and slander: imputation of association with persons of race or nationality as to which there is social prejudice, 121 ALR 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 ALR 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 ALR 891. Provocation as mitigating damages in action for libel or slander, 132 ALR 932. Libel and slander: imputation of poverty, 137 ALR 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 ALR 671. What amounts to ratification by principal or master of libel or slander by agent or servant, 139 ALR 1066. Civil liability for defamation of dead, 146 ALR 739. Liability for injury to person or damage to property as result of ‘‘blackout,’’ 147 ALR 1442; 148 ALR 1401; 150 ALR 1448; 153 ALR 1433; 154 ALR 1459; 155 ALR 1458; 158 ALR 1463. Libel and slander: statements regarding labor relations or disputes, 150 ALR 932; 19 ALR2d 694. Libel and slander: words reflecting upon one in his character as employee as actionable per se, 6 ALR2d 1008. Validity, construction, and application of statute limiting damages recoverable for defamation, 13 ALR2d 277. Liability of police or other peace officer or his bond for defamation, 13 ALR2d 897. Civil liability for insulting or abusive language not amounting to defamation, 15 ALR2d 108.

Liability for permitting walls or other portions of place of public resort to be occupied with matter defamatory of plaintiff, 28 ALR2d 1454. Imputation of perjury or false swearing as actionable per se, 38 ALR2d 161. Liability for statement or publication representing plaintiff as cruel to or killer of animals, 39 ALR2d 1388. Libel and slander: statements respecting race, color, or nationality as actionable, 46 ALR2d 1287. Injunction as remedy against defamation of person, 47 ALR2d 715. Libel and slander: statement or publication that plaintiff has been indicted or is under indictment, 52 ALR2d 1178. Libel and slander: actionability of statement imputing incapacity, inefficiency, misconduct, fraud, dishonesty, or the like to public officer or employee, 53 ALR2d 8. Liability of insurance company for libel or slander by its agents or employees, 55 ALR2d 828. Defamatory nature of charges or imputations in conditional or alternative form, 59 ALR2d 928. Libel and slander: criticism of literary or artistic works, 64 ALR2d 245. Defamatory nature of statements reflecting on plaintiff ’s religious beliefs, standing, or activities, 87 ALR2d 453. Liability of partners or partnership for libel, 88 ALR2d 474. Reliance on facts not stated or referred to in publication, as support for defense of fair comment in defamation case, 90 ALR2d 1279. What evidence is admissible to identify plaintiff as person defamed, 95 ALR2d 227. Constitutional aspects of libel or slander of public officials, 95 ALR2d 1450. Right and remedy of drawer of check against collecting bank which receives it on forged indorsement and collects it from drawee bank, 99 ALR2d 637. Libel and slander: charge of being a ‘‘crook,’’ 1 ALR3d 844. Libel and slander: false news reports as to births, betrothals, marriages, divorces, or similar marital matters, 9 ALR3d 559. Libel and slander: statements as to plaintiff ’s charging excessive or exorbitant prices or fees, 11 ALR3d 884.

Libel and slander: actionability of charge of being a ‘‘slut,’’ ‘‘bitch,’’ or ‘‘son of a bitch,’’ 13 ALR3d 1286. Libel and slander: actionability of imputing to private person mental disorder or incapacity, or impairment of mental faculties, 23 ALR3d 652. Defamation: actionability of accusation or imputation of shoplifting, 29 ALR3d 961. Public disclosure of person’s indebtedness as invasion of privacy, 33 ALR3d 154. Libel and slander: actionability of statements imputing inefficiency or lack of qualification to public school teacher, 40 ALR3d 490. Threatening, instituting, or prosecuting legal action as invasion of right of privacy, 42 ALR3d 865. Right of governmental entity to maintain action for defamation, 45 ALR3d 1315. Imputation of insolvency as defamatory, 49 ALR3d 163. Libel and slander: charges of slumlordism or the like as actionable, 49 ALR3d 1074. Libel and slander: actionability of defamatory statements as to business conduct, relating to a single transaction or occurrence, 51 ALR3d 1300. Waiver or loss of right of privacy, 57 ALR3d 16. Disparagement of the quality of intangible property, 74 ALR3d 298. Taking unauthorized photographs as invasion of privacy, 86 ALR3d 374. Liability of telegraph or telephone company for transmitting or permitting transmission of libelous or slanderous messages, 91 ALR3d 1015. Liability for defamation for criticizing restaurant’s food, 96 ALR3d 609. Labor union’s liability to member for defamation, 100 ALR3d 546. Imputation of homosexuality as defamation, 3 ALR4th 752. Liability of commercial printer for defamatory statement contained in matter printed for another, 16 ALR4th 1372. Refusal of defendant in ‘‘public figure’’ libel case to identify claimed sources as raising presumption against existence of source, 19 ALR4th 919. Civil liability for insulting or abusive

language - modern status, 20 ALR4th 773. State constitutional protection of allegedly defamatory statements regarding private individual, 33 ALR4th 212. Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 35 ALR4th 441. Proof of injury to reputation as prerequisite to recovery of damages in defamation action - post-Gertz cases, 36 ALR4th 807. Criticism or disparagement of character, competence, or conduct of candidate for office as defamation, 37 ALR4th 1088. Criticism or disparagement of physician’s or dentist’s character, competence, or conduct as defamation, 38 ALR4th 836. Defamation of psychiatrist, psychologist, or counselor, 38 ALR4th 874. Defamation: Application of New York Times and related standards of nonmedia defendants, 38 ALR4th 1114. Defamation: privilege accorded state or local governmental administrative records relating to private individual member of public, 40 ALR4th 318. What constitutes ‘‘single publication’’ within meaning of single publication rule affecting action for libel and slander, violation of privacy, or similar torts, 41 ALR4th 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 ALR4th 1116. Defamation action as surviving plaintiff ’s death, under statute not specifically covering action, 42 ALR4th 272. Actionable nature of advertising impugning quality or worth of merchandise or products, 42 ALR4th 318. Criticism or disparagement of attorney’s character, competence, or conduct as defamation, 46 ALR4th 326. Libel or slander: defamation by gestures or acts, 46 ALR4th 403. Excessiveness or inadequacy of compensatory damages for defamation, 49 ALR4th 1158. Defamation: who is ‘‘libel-proof,’’ 50 ALR4th 1257. Name appropriation by employer or former employer, 52 ALR4th 156.

Libel and slander: defamation by cartoon, 52 ALR4th 424. Libel and slander: defamation by photograph, 52 ALR4th 488. Defamation of class or group as actionable by individual member, 52 ALR4th 618. Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress, 52 ALR4th 853. Credit card issuer’s liability, under state laws, for wrongful billing, cancellation, dishonor, or disclosure, 53 ALR4th 231. Libel and slander: defamation by question, 53 ALR4th 450. Libel and slander: sufficiency of identification of allegedly defamed party, 54 ALR4th 746. Defamation of professional athlete or sports figure, 54 ALR4th 869. False light invasion of privacy - cognizability and elements, 57 ALR4th 22. False light invasion of privacy - defenses and remedies, 57 ALR4th 244. Imputation of criminal, abnormal, or otherwise offensive sexual attitude or behavior as defamation - post-New York Times cases, 57 ALR4th 404. Libel or slander: defamation by statement made in jest, 57 ALR4th 520.

False light invasion of privacy - accusation or innuendo as to criminal acts, 58 ALR4th 902. False light invasion of privacy - neutral or laudatory depiction of subject, 59 ALR4th 502. False light invasion of privacy - disparaging but noncriminal depiction, 60 ALR4th 51. Imputation of allegedly objectionable political or social beliefs or principles as defamation, 62 ALR4th 314. Defamation: designation as scab, 65 ALR4th 1000. Intrusion by news-gathering entity as invasion of right of privacy, 69 ALR4th 1059. Excessiveness or inadequacy of punitive damages awarded in personal injury or death cases, 12 ALR5th 195. Who is ‘‘public figure’’ for purposes of defamation action, 19 ALR5th 1. Propriety of publishing identity of sexual assault victim, 40 ALR5th 787. Libel and slander: charging one with breach or nonperformance of contract, 45 ALR5th 739. Defamation: publication of letter to editor in newspaper as actionable, 54 ALR5th 443.