[vc_row][vc_column width=”2\/3″][vc_column_text]<\/p>\n
Defamation of character is a catch-all term for any statement that hurts someone’s reputation. Written defamation is called “libel,” while spoken defamation is called “slander.” Defamation is not a crime, but it is a civil wrong. A defamed person can sue the person who did the defaming for damages.<\/p>\n
Defamation law tries to balance competing interests: No one has the right to ruin others’ lives by telling lies about them and\/or about their business. However, people should be able to speak freely without fear of litigation. Political and social disagreement is important in a free society, and we obviously don’t all share the same opinions or beliefs.<\/p>\n
GEORGIA DEFAMATION DEFINITION<\/strong><\/p>\n Georgia law defines defamation as an unprivileged, false and defamatory statement, concerning the plaintiff, where the defendant was, at least, negligent in making the statement, and caused harm to the plaintiff. (See Mathis v. Cannon as well as 92 OCGA\u00a7 51-5-1.)<\/p>\n O.C.G.A.\u00a7 51-5-1<\/u><\/strong> states as follows:<\/p>\n \u00a0(a) 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. <\/em><\/p>\n (b) Publication is necessary to\u00a0recover damages for libel in Georgia.<\/em><\/p>\n Defamation Damages in Georgia<\/u><\/strong><\/p>\n Special damages for defamation are available under Georgia law. \u00a0Specifically, Georgia Code \u00a7 51-5-4 states:<\/p>\n DAMAGES AWARDED FOR DEFAMATION IN GEORGIA<\/strong> Statute of Limitations for Defamation in Georgia<\/u><\/strong><\/p>\n Plaintiff in Georgia defamation cases have one year,<\/strong> from the time the libelous or slanderous statements were made, to file a defamation lawsuit.<\/p>\n Public Figures and Private Figures <\/u><\/strong><\/p>\n Public figures have to meet a higher proof standard in defamation lawsuits than private figures. Public figures must prove actual malice, whereas private people only have to prove negligence.<\/p>\n Under Georgia defamation law, famous people, government officials and political figures are considered public figures.<\/p>\n Single Instance Test Regarding Defamation against Businesses and Professionals<\/u><\/strong><\/p>\n Statements that a business or professional was ignorant or made a mistake in a single instance, and not just general ignorance or lack of skill, is not actionable per se. \u00a0This is because accusing some that they made a mistake or were unprofessional once, does not mean that they are generally unfit.<\/p>\n The Single Instance rule applies where a publication charges a professional or business\u00a0with a single error in judgment. (Armstrong v. Simon & Schuster<\/u>, 85 N.Y.2d 373, 379 (1995)). \u00a0It does not mean that a defamation action will be precluded if the alleged single act shows a \u201ccomplete lack of character or total disregard of ethics.\u00a0 (Mason v. Sullivan<\/u>, 26 A.D.2d 115, 117, 271 N.Y.S.2d 314 (1966))<\/p>\n Defenses for Defamation <\/u><\/strong><\/p>\n For cases of online defamation, the courts in Georgia recognize Section 230 of the Communications Decency Act <\/em>as a valid defense for websites and site operators who have not instructed a third party to post defamatory material.<\/p>\n Defendants can also claim that their written or broadcast statements are substantially true. Georgia also allows the fair reporting privilege and expressing opinion as a valid defense.<\/p>\n When the statement under review involves matters of public concern, the Plaintiff must show that the defendant:<\/p>\n Georgia is a Per Se <\/em>State<\/u><\/strong><\/p>\n Defamatory per se<\/em> statements are inherently harmful, and as such plaintiffs in such cases don\u2019t need to prove harm. Falsely accusing the plaintiff of sexual immorality, criminal behavior, or accusations of having a contagious disease, such as HIV\/AIDS, are grounds for a defamation per se <\/em>claim.<\/p>\n \u00a0Can Opinions Be Defamatory?<\/u><\/strong><\/p>\n Under Georgia law, opinions can be actionable defamation if the opinion can be reasonably interpreted, within the context of the entire writing, as a false statement of fact. In other words, if it\u2019s not clear that a statement is an opinion, it could be considered defamatory under Georgia defamation law.<\/p>\n \u00a0INJURY CAUSED BY A DEFAMATORY STATEMENT<\/u><\/strong><\/p>\n The Statement must have directly caused harm or injury to the victim. Defamation can cause two main types of injury:<\/p>\n FALSE STATEMENT<\/u><\/strong><\/p>\n Defamatory statements classified as libel or slander must be statements that are untrue, and the person making the statement must know that they are untrue. Derogatory or unflattering statements made that express the opinion of the person making the statements are subjective, and therefore are not considered defamatory. There is sometimes a fine line in determining this factor.<\/p>\n For example, Ngozi publishes on her Facebook page that Ebele is \u201can ugly person.\u201d Ebele is offended, and feels that Ngozi has published defamatory statements about her for all their friends to see. However, because the statement reflected only Ngozi\u2019s opinion, it would not be considered Libel.<\/p>\n Call the Okeke Law Firm, P.C. right away for professional help in defamation matters before the status of limitations run out.<\/em><\/strong>[\/vc_column_text][\/vc_column][vc_column width=”1\/3″ el_class=”sdback”][vc_widget_sidebar sidebar_id=”sidebar-single-post”][\/vc_column][\/vc_row]<\/p>\n","protected":false},"excerpt":{"rendered":" [vc_row][vc_column width=”2\/3″][vc_column_text] DEFAMATION \u2013 (Libel & Slander) Defamation of character is a catch-all term for any statement that hurts someone’s reputation. Written defamation is called “libel,” while spoken defamation is called “slander.” Defamation is not a crime, but it is a civil wrong. A defamed person can sue the person who did the defaming for…<\/p>\n\n
\n
\nAmong the damages for defamation in Georgia include:<\/p>\n\n
\n
\n