Defamation Flashcards
What is Defamation in Georgia?
A plaintiff may recover for any false and malicious publication, not privileged, which intentionally or negligently results in damage.
What does the publication element of defamation require in Georgia?
The false statement must be heard or read and comprehended by a third party.
What can a private individual recover if defamed in a broadcast in Georgia?
Actual damages if the broadcaster failed to use ordinary care to determine the truth or falsity of the statements.
What must a public figure prove if defamed in a broadcast in Georgia?
Actual malice.
What are the two classes of Libel in Georgia?
- Libel per se
- Libel per quod
What is Libel per se in Georgia?
Publication that is obviously defamatory.
What are the damages for Libel per se in Georgia?
Damages are presumed.
What is Libel per quod in Georgia?
Publication not obviously defamatory but becomes libelous when considered with innuendo, colloquium, and explanatory circumstances.
What are the damages for Libel per quod in Georgia?
Requires proof of special damages.
What are the six elements of a prima facie case for libel per quod when the plaintiff is a public figure or official in Georgia?
- The defendant published false statements
- The statements were defamatory
- The statements were of or concerning the plaintiff
- The statements were published to a third person
- The publication caused special damage to the plaintiff
- The defendant did so with actual malice.
What is Slander Per Se in Georgia?
For slander, damages are presumed if the statement is considered slander per se.
What types of statements are included in Slander Per Se in Georgia?
- Accusing the plaintiff of a crime
- Attributing a contagious disease to them
- Harming their profession
- Any defamatory claim causing specific harm.
What is the retraction statute for defamation in Georgia?
Limits recovery to actual damages if the statement was made without malice, retracted within seven days (or three for broadcasts), and if requested, include a repudiating editorial.
Constitutional Considerations
Georgia follows the U.S. Supreme Court’s rulings on constitutional limits for defamation cases involving public figures and matters of public concern.
Public Figures and Public Officials
Must prove actual malice under the standard set in New York Times Co. v. Sullivan.
Matters of Public Concern
Even private figures must prove falsity and at least negligence to recover damages.
What is a Limited-Purpose Figure in Georgia?
An individual who becomes involved in a visible way in an important public controversy.
What are the damages for a Limited-Purpose Figure in Georgia?
Must prove that alleged defamatory statements were published with actual malice to recover damages.
