Title 51 — Title 51
0 chapters · 147 sections in this title.
O.C.G.A. § 51-5-1 Libel defined; publication prerequisite to recovery
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(a) 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) The publication of the libelous matter is essential to recover…
O.C.G.A. § 51-5-3 What constitutes publication of libel
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A libel is published as soon as it is communicated to any person other than the party libeled. (Orig. Code 1863, § 2918; Code 1868, § 2925; Code 1873, § 2976; Code 1882, § 2976; Civil Code 1895, § 3834; Civil Code 1910, § 4430; Code 1933, § 105-705.) 549 51-5-3 TORTS
O.C.G.A. § 51-5-4 Brown v
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Rader, 299 Ga. App. 606, 683 S.E.2d 16 (2009). Person alleging child abuse held immune from liability for slander. — As a tenant admitted at a deposition that the tenant’s son was sometimes in their home, which the tenant knew was contaminated with toxic mold, without a mask, the…
O.C.G.A. § 51-5-5 Inference of malice; rebuttal thereof; effect of rebuttal
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In all actions for printed or spoken defamation, malice is inferred from the character of the charge. However, the existence of malice may be rebutted by proof. In all cases, such proof shall be considered in mitigation of damages. In cases of privileged communications, such proo…
O.C.G.A. § 51-5-6 Bennett v
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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 Appx. 727 (11th Cir. 2009) (Unpublished).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, t…
O.C.G.A. § 51-5-7 Privileged communications
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The following communications are deemed privileged: (1) Statements made in good faith in the performance of a public duty; (2) Statements made in good faith in the performance of a legal or moral private duty; (3) Statements made with a good faith intent on the part of the speake…
O.C.G.A. § 51-5-8 Eurostyle, Inc
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v. Jones, 197 Ga. App. 188, 397 S.E.2d 620 (1990). While liens were improperly filed by a supplier, the property owner failed to show that the statements in the lien notices were false; further, the trial court could also have found that the liens were privileged under O.C.G.A. §…
O.C.G.A. § 51-5-9 Right of action for malicious use of privilege
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In every case of privileged communications, if the privilege is used merely as a cloak for venting private malice and not bona fide in promotion of the object for which the privilege is granted, the party defamed shall have a right of action. (Orig. Code 1863, § 2923; Code 1868, …