What’s the Georgia defense for cyberbullying and online harassment accusations?
Georgia doesn’t have a general cyberbullying crime for adults. A case against an adult would be under harassment, stalking, or threat statutes, and the defense looks at what each requires.
Harassing communications, O.C.G.A. § 16-11-39.1. The statute reaches someone who “contacts another person repeatedly” electronically “for the purpose of harassing, molesting, threatening, or intimidating,” or who “threatens bodily harm.” Defenses are:
- Not repeated;
- No such purpose;
- Protected speech. The statute’s own subsection addresses free speech rights;
- Wrong person.
Stalking, § 16-5-90. This needs contact without consent, for the purpose of harassing and intimidating, with an objective fear for safety. Criticism of a public official isn’t this.
Terroristic threats, § 16-11-37. Requires a threat of violence and corroboration. Counterman v. Colorado (2023) requires at least recklessness about threatening meaning.
Schools. O.C.G.A. § 20-2-751.4 addresses bullying in schools, as a matter of school discipline. That covers electronic acts that have a sufficient connection to the school. It isn’t a criminal law, though repeat violations can lead to placement changes.
Minors. A child under 17 is generally in juvenile court, and informal adjustment under § 15-11-515 may be possible.
Evidence. Screenshots can be challenged under § 24-9-901. Platform records need legal process. Fake accounts raise identity issues.
Civil orders. A stalking protective order under § 16-5-94 can follow, by a lower standard of proof. Violating it creates new exposure, including § 16-5-91.
A person accused should stop contact and keep everything. Deleting posts can create new problems.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.