What Does Slander Look Like in Georgia?
In Georgia, the legal definition of slander is broadly classified as the oral or spoken defamation of character. While it may not seem like much of a distinction when compared to libel, which is written or signed defamation, there is an important difference when it comes to use in a court of law. In Georgia, the general gist of what constitutes slander is as follows: The false statement was made either with knowledge that it was false, or with reckless disregard as to its truth or falsity. The statement was published, or heard by third parties. The amount of harm suffered was significant, either in meaning or meaning for circumstances out of the ordinary. There are some instances of slander in Georgia that are considered "per se," or having conclusively assumed the grievous nature of the claim within itself . For example, if you were slandered in relation to a proposition of sexual misconduct, morals, or a particularly damaging profession (such as a medical provider), these fall under the per se category. This doesn’t mean there is no burden of proof, however, nor that you will likely gain approval for even the most egregious cases. There must still be mitigating factors that speak to the amount of damage that person did to your reputation and business. Speech acts are generally considered to be protected under the First Amendment of the Constitution, unless it can be proven the person had malicious intent to hurt your business or reputation through the careless publication of a false statement.
Freedom of Speech and Slander
Georgia’s approach to balancing the right to a good reputation with the First Amendment right to free speech was further solidified in the 2011 case, Atlanta Injuries Support Group v. Cleveland Mack.
However, in reaching its verdict, the court paid homage to case law both past and present. In doing so, it affirmed a line of precedent involving three key Georgia Supreme Court cases which it ruled established that: "simple negligence is not sufficient to sustain an action for slander per se unless a jury finds that the words as used by the speaker are so inherently harmful ‘it may be presumed that the victim’s reputation has been seriously damaged.’ Only words not susceptible of any other interpretation than their defamatory meaning are sufficient to base a claim for slander per se". This means that – at least in Georgia – someone can’t simply go around making unsubstantiated rumors about someone and then be held liable for slander per se. It takes more than just mere negligence on the part of the person in question. In Mack, the court also found that a verbal statement by a non-media commercial photographer was entitled to First Amendment protections as he was someone society would expect to have opinions on whether or not the photographs self-published by a photographer were of publishable quality. That said, the statement which led to the detrimental remarks about the plaintiff were allegations of recent child molestation charges and the plaintiff’s controversial former avocation as a police chief. While Georgia’s standards regarding the First Amendment right to free speech and the slander loophole for "factual" or "non-defamatory" falsehoods may seem comparatively unclear, the courts in Atlanta have issued rulings with strong implications which can impact all cases including defamation allegations. For instance, the courts have ruled that those who publish private content for a fee are exempt from disclosure via: "the fundamental public policy interest that parents have the right to make decisions about those services.[which] outweighs any interest [the adult] has had in keeping her name private as the parent of a child when that name has been posted as part of a "watch list" of alleged child molesters and was on a website accessible (and that had been accessed) by the children, their parents and anyone else in the community.". Such rights have been debated in other lawsuits which question the public interest impact of exposing a minor’s family business practices. This implies that, if you are a business that is operating legally in Georgia, you do have some protections under Georgia law. These legal protections are meant to strike a healthy balance between the right to share opinions and the right to protect reputations.
Establishing Slander: Proof and Burden of Proof
In a Georgia court, these statements must be proven false and injurious to the plaintiff. The plaintiff is required to present sufficient evidence that the defendant claimed or suggested that harmful information about the plaintiff was true.
In Georgia, if you want to pursue a slander case, you not only need to demonstrate that the alleged defamation caused actual harm but also provide the court with sufficient evidence. The burden of proof falls on the plaintiff, meaning that the individual claiming to have been slandered has to convince the judge or jury that the defendant made defamatory statements and the plaintiff was harmed by them.
In Georgia, as in many other jurisdictions, "slander per se" rules exist. Under this provision, some types of defamatory statements are deemed so damaging that they are considered damaging to a person’s professional reputation without the necessity of saying what the damage actually is. Under the "slander per se" claim, it is not necessary to provide what damage was suffered; it is assumed. Under this provision, statements that slander someone are considered to cause damage by virtue of the very act of being spoken out loud. There is no implied conclusion that damage exists; it is a given.
Here are the four categories of "slander per se":
Because of this provision, a plaintiff alleging a "per se" slander does not have to prove that he or she suffered any other damages due to a defamatory statement. Suing for defamation is still relatively rare because it is necessary to provide evidence of actual damages.
Defenses to Claims of Slander
Even if someone has made a false, damaging statement about you, it doesn’t mean you are automatically entitled to compensation. To win a slander or defamation lawsuit in Georgia, you must be able to check all the boxes on a list of requirements. A defendant may have several defenses against your claim depending on the situation:
Truth. The most common defense against a defamation or slander claim is the truth. As an absolute defense recognized by the law, the truth negates a claim for slander. If the statement in question is true – even if it’s damaging to your reputation – then there is no case for slander because you suffered no harm to your reputation by an untrue statement. However, if the statement is true, it may not be illegal to make it in the first place.
Privilege. Some statements are protected by privilege under Georgia law. Privileged communications are those that are made in a good faith effort to carry out a judicial, legislative, or other public duty. Any statement made during a legal proceeding would likely fall under this category and be protected. For example , the testimony you provide under oath in court could not be the basis for an accusation of slander.
Opinion. Opinions are not legally actionable in slander. As long as your alleged statement is based on something that can’t be proven as true or false, it may not be classified as slander. For example, if you went on the news and said "In my opinion, Joe owes me $20," that would likely be protected as opinion.
Consent. If you consented to the statement – or any part of it – being made, you may have opened yourself up to a defense against any claim of slander. For instance, if your data was required for a safety report and you agreed to let someone at your workplace talk to an investigator, giving that person your data in the process, you may not be able to make a slander claim against the person who communicated that data to the investigator.
Each case is different, and the applicability of each of these defenses will depend on the specific facts involved. Before assuming you have a case, work with your Georgia personal injury attorney to go over the information at hand.
Remedies and Damages for Slander
If a plaintiff successfully proves that you have committed the tort of slander, what is to be expected? For one, the plaintiff may seek to recover compensatory damages for the economic harms caused by the tort of slander. Such an award would exist for both actual damages and "consequential damages." The former would include money that was objectively lost, such as lost wages, whereas the latter would be subjective losses such as emotional damages or even other general pain and suffering. Note that tangible, objective losses tend to be more convincing to the jury—if they exist—and is therefore sometimes viewed as a "placebo" for the judge or jury before whom the case is brought.
If the plaintiff was aware that he was being defamed, then it may not be possible to sue after the fact (as the discovery rule does not apply), depending on whether the defamatory comments were oral or written.
Plaintiffs do not have to limit their claims to just first-party damages (such as those that the plaintiff himself experienced). They may also bring claims for intentional infliction of emotional distress and negligent infliction of emotional distress, so long as the slander that you engaged in caused such emotional damages. If the plaintiff suffered any physical injuries as a result of the slander, these may be included in the plaintiffs’ claim as well, and may be used to provide additional support for a claim of tortious interference, if that exists.
As for what the defendant can expect from a successfully-brought case, the answer is that it generally depends. Under Georgia law, if the plaintiff cannot produce a compelling case of economic harm, then remedies may be fairly restricted. On the other hand, if there is sufficient cause of action, then it may be possible for a jury to come up with an extremely large verdict. As for Georgia specifically, we have seen some "big-ticket" cases in spite of the state’s reputation as a relatively conservative state. For example, there have been cases that have awarded tens of thousands of dollars for emotional distress—for the plaintiff alone. Courts have also awarded more than a million dollars in defamation actions. Basically, the jury will determine what it will award. Such damages are often found to be punitive, and meant to punish the plaintiff, so that the defendant has to feel some kind of financial loss for what it had done and as motivation to do better.
How to Start a Georgia Slander Lawsuit
Your first step when pursuing a slander claim in Georgia is to immediately contact and meet with an experienced Georgia defamation attorney. There are time limits on the filing of your claim and you do not want to run out of time before you bring your claim.
Once you have met with your attorney and determined that you have a valid claim, you can proceed with the filing of your suit. In most instances, the lawsuit will need to be filed within one year of the date of the slanderous statement. Unlike a libel action, which can begin with a negative implication without any specific statement, slander requires a positive statement to have been made. During the consultation, your lawyer will discuss whether the statement was in fact made, when it was made, and how the statement was made. Any of these factors can affect the outcome of your case.
Once your lawyer has reviewed the information you have provided, he or she may proceed with the filing of the claim. A typical slander action in Georgia will include a complaint, verification, summons and civil case filing information . The complaint will have certain items it must contain, including the facts supporting your case. The verification is a written statement under oath that the facts in the complaint are true. A summons instructs the other party to respond to the complaint. Finally, the civil case filing information provides the pertinent information regarding the parties involved in the case as well as the judge and court location. This is all a function of the court house system in Georgia that handles the case.
The complaint must be served on the defendant through adequate service. Once the defendant has been served, they will have thirty days to respond to the complaint or a default judgment can be issued against them. The defendant may respond in one of two ways; by answering the complaint or by filing a motion to dismiss. If an answer is filed, the court sets a date for your attorney and the defendant’s attorney to appear before a judge and present their cases. If the defendant refuses to answer the complaint, a clerk of the court can enter a default judgment. If the lawsuit is successful, you can be awarded compensatory damages, punitive damages, and attorneys’ fees.