A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Defamation With Case Laws In Georgia
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Proving Defamation Under Georgia Law A plaintiff alleging defamation must first prove the defendant made a defamatory and untrue statement concerning the party. The plaintiff has to prove the statement is false, as the truth of a statement is a defense to defamation.
To this end, three types of damages can be awarded for defamation: Special damages: Special damages are real, economic damages. This includes loss of business or customers, loss of earning capacity, or medical bills for therapy. General damages: General damages are damages that are not economic.
A person who wishes to take legal action for defamation must be able to prove that they have suffered, or could suffer, 'serious harm'. If a corporation is suing for defamation, it needs to prove that it has suffered 'serious financial loss' as a result of the publication of the allegedly defamatory matter.
Depending on the state where the claim is filed, the type of damages may include: Compensatory: Compensatory damages are actual losses such as loss of business, lost bonuses, lost clients, or additional expenses from the defamation of character. Additionally, emotional damage or a damaged reputation can be compensated.
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.
Georgia Civil Statute of Limitations: Chart Injury to personTwo years (O.C.G.A. § 9-3-33) Libel/slander One year (O.C.G.A. § 9-3-33) Fraud Two years (O.C.G.A. § 9-3-33) Injury to personal property Four years (O.C.G.A. § 9-3-32) Professional malpractice Two years, maximum of five years from the act (O.C.G.A. § 9-3-71)5 more rows
Truth is an absolute defence to defamation. The defendant must prove that the defamatory statements were, in fact, true. For instance, if the statements concern the quality of goods or services, the defendant could provide independent testing or other evidence supporting the truth of the claims.
A judge or jury can award a victorious defamation plaintiff millions for really bad cases, or $1 in compensatory damages if they find that the injury was nominal. However, usually, nominal damages will not be awarded unless the plaintiff's case is incredibly petty, or punitive damages can also be awarded.
A defamation claim in Georgia requires the plaintiff to show that the defendant made a false and defamatory statement about him or her in an unprivileged communication to a third party. The plaintiff must show at least negligence on the part of the defendant.
Defamation involves false statements that harm an individual's reputation. In Georgia, you can sue for defamation if you can prove that false statements were made with intent to harm your reputation.
