What’s the Georgia approach to defending cases of digital defamation or cyber libel?
Online defamation in Georgia is a civil matter, so the “defense” is against a lawsuit rather than a criminal charge. A criminal framing doesn’t fit the ordinary claim. Libel is defined in O.C.G.A. § 51-5-1 as a false and malicious defamation, and the claim must be brought within one year under § 9-3-33.
Defending the civil suit.
| Defense | Basis |
|---|---|
| Truth | § 51-5-6 |
| Opinion | Not a statement of fact |
| Privilege | § 51-5-7 lists good faith and other privileges |
| Public figure | Actual malice, New York Times v. Sullivan (1964) |
| Retraction | § 51-5-11 can affect damages |
| Anti-SLAPP | § 9-11-11.1 motion to strike for speech on public issues |
| Platforms | 47 U.S.C. § 230 protects hosts |
| Time | One year |
Each repost can raise republication questions.
When posts can become criminal.
- Harassing communications, § 16-11-39.1: repeated contact, or threats of bodily harm. That statute also addresses free speech.
- Stalking, § 16-5-90: contact for the purpose of harassing and intimidating.
- Terroristic threats, § 16-11-37.
- Posting private images, § 16-11-90.
- Identity fraud, § 16-9-121.
Those charges depend on the conduct’s own elements, and the First Amendment limits how far they reach. Counterman v. Colorado (2023) requires at least recklessness about a statement’s threatening nature.
A person who has been sued should keep posts intact. Deleting them can be read as spoliation. A takedown decision is best made with advice.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.