Bennett v

O.C.G.A. § 51-5-6 — under Title 51.

O.C.G.A. § 51-5-6

Hendrix, 325 Fed. Appx. 727 (11th Cir. 2009) (Unpublished). Plea of privilege is not waived by plea of justification. Etchison v. Pergerson, 88 Ga. 620, 15 S.E. 680 (1892). Truth available as defense even when statement not privileged. — When a slander per se is not privileged, the defendant may defend by denying the utterance of the words, or by setting up the truth in defense. Ivester v. Coe, 33 Ga. App. 620, 127 S.E. 790 (1925); McIntosh v. Williams, 160 Ga. 461, 128 S.E. 672 (1925). Time that knowledge of truth was ascertained by defendant is immaterial. Cox v. Strickland, 101 Ga. 482, 28 S.E. 655 (1897). Plaintiff failed to establish that parents entertained serious doubts to 51-5-6 the truth. — In an action in which the plaintiff, who was named by the parents of a murdered child on national television and in the parents’ book about their daughter’s murder as a potential suspect, filed suit against the parents, asserting both a libel and slander claim, the parents were granted summary judgment on the libel claim; the plaintiff failed to establish that when the parents wrote the book, the parents in fact entertained serious doubts as to the truth of the publication. Wolf v. Ramsey, 253 F. Supp. 2d 1323 (N.D. Ga. 2003). Statements in letter setting forth board member’s judgments, tax liens, and crimes were true. — In a defamation suit brought by a board member of a vacation resort community owners’ association against a property owner who wrote a letter detailing the board member’s civil judgments, tax liens, and criminal charges, the trial court properly granted the property owner summary judgment as the statements regarding the judgments, tax liens, and criminal charges were garnered from public records and were true. Additionally, the property owner’s assessment that the board member was not fit to manage the association’s funds if the board member was not able to manage personal finances was the opinion of the property owner and served no basis for the defamation action. McCall v. Couture, 293 Ga. App. 305, 666 S.E.2d 637 (2008). Defense of truth inapplicable in creditor’s slander of title claim. — Trial court erred in granting partial summary judgment to a limited liability company (LLC) and the company’s member on a creditor’s slander of title claim based on the defense of truth because the lis pendens was not valid; a prior action the LLC and member filed against a debtor, and the interests asserted therein, did not involve the real property at issue. McChesney v. IH Riverdale, LLC, 307 Ga. App. 77, 704 S.E.2d 244 (2010). Truthful social media postings not defamation. — Judgment notwithstanding the verdict and directed verdicts in a defamation case were affirmed because the plaintiff was properly found to be a public figure in the spheres of running and Christian evangelism and there was 577 no evidence of actual malice as to the social media postings, which alleged that the plaintiff was having multiple affairs with married women and had not completed all of the long distance runs, were true; there was no evidence of violations of O.C.G.A. § 16-9-93 or O.C.G.A. § 16-9-93.1. Bickerstaff v.