Lawsuit For Libel In Georgia
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Generally, to prove defamation, you must show that a false statement was made, about you, to third parties, and which caused you damage. Once you have evaluated your case, and determined that you can satisfy these elements, you can then proceed with pursuing your matter.
If someone writes for publication a defamatory statement (a statement in which a person's reputation is seriously damaged), and that statement is false, and that person is identified in print, even without a name, then libel charges can be brought.
Truth is the best defense to defamation. For example if sued for calling a person a criminal, then the defendant could produce a valid record of a criminal conviction, properly certified and exemplified and the defendant would probably be granted summary judgement.
Although libel or defamation is now primarily a civil claim, it once was primarily a criminal offense, prosecuted by the government and punishable by imprisonment or a fine.
Georgia Code § 51-5-1 states: (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. (b) Publication is necessary to recover damages for libel in Georgia.
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.
The most common defenses to defamation are: 1) truth; 2) consent; 3) privilege; and 4) the statute of limitations. Perhaps the most distinct aspect of the defamation cause of action is that falsity is required. In other words, the statement publicized about the plaintiff must be false in order to prove defamation.
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.
The most common defences1 to defamation are: 1) Truth/Justification: Truth is a complete defence to defamation. To successfully use this defence, you must prove, on a balance of probabilities, that the impugned words were substantially true.
