2021 Georgia Code
Title 51 - Torts
Chapter 5 - Libel and Slander
§ 51-5-7. Privileged Communications

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 speaker to protect his or her interest in a matter in which it is concerned;
4. Statements made in good faith as part of an act in furtherance of the person's or entity's right of petition or free speech under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, as defined in subsection (c) of Code Section 9-11-11.1;
5. Fair and honest reports of the proceedings of legislative or judicial bodies;
6. Fair and honest reports of court proceedings;
7. Comments of counsel, fairly made, on the circumstances of a case in which he or she is involved and on the conduct of the parties in connection therewith;
8. Truthful reports of information received from any arresting officer or police authorities; and
9. Comments upon the acts of public men or public women in their public capacity and with reference thereto.

(Orig. Code 1863, § 2922; Code 1868, § 2929; Code 1873, § 2980; Code 1882, § 2980; Ga. L. 1893, p. 131, § 2; Civil Code 1895, §§ 3836, 3840; Civil Code 1910, §§ 4432, 4436; Code 1933, §§ 105-704, 105-709; Ga. L. 1996, p. 260, § 2; Ga. L. 2016, p. 341, § 3/HB 513.)

The 2016 amendment, effective July 1, 2016, substituted "the person's or entity's right of petition or free speech under the Constitution" for "the right of free speech or the right to petition government for a redress of grievances under the Constitution" in paragraph (4).

- Privileged communications, § 24-5-501, et seq.

- Pursuant to Code Section 28-9-5, in 1996, a semicolon was substituted for a period at the end of paragraph (4).

- For article, "Defamation in Georgia Local Government Law: A Brief History," see 16 Ga. L. Rev. 627 (1982). For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For annual survey on law of torts, see 42 Mercer L. Rev. 431 (1990). For article, "Defamation and Invasion of Privacy," see 27 Ga. St. B. J. 18 (1990). For annual survey article discussing developments in the law of evidence, see 51 Mercer L. Rev. 279 (1999). For survey article on zoning and land use law, see 60 Mercer L. Rev. 457 (2008). For annual survey of law on torts, see 62 Mercer L. Rev. 317 (2010). For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 109 (2016). For note criticizing qualified privilege enjoyed by mercantile agencies and advocating absolute denial of such privilege, see 11 Mercer L. Rev. 221 (1959). For comment on Lamb v. Fedderwitz, 68 Ga. App. 233, 22 S.E.2d 657 (1942), see 5 Ga. B. J. 45 (1943). For comment regarding privileged communication by employer, in light of Cochran v. Sears, Roebuck & Co., 72 Ga. App. 458, 34 S.E.2d 296 (1945), see 8 Ga. B. J. 225 (1945). For comment on Barwick v. Wind, 203 Ga. 827, 48 S.E.2d 523 (1948), see 11 Ga. B. J. 230 (1948). For comment regarding privilege of counsel's publications during a trial when such statements are material and relevant, in light of Wall v. Blalock, 245 N.C. 219, 95 S.E.2d 450 (1956), see 8 Mercer L. Rev. 372 (1957). For comment on Walter v. Davidson, 214 Ga. 187, 104 S.E.2d 113 (1958), holding that defamatory statements made by a member of faculty before a chaplain, another member of faculty, are privileged as a result of their relationship as colleagues, see 21 Ga. B. J. 239 (1958). For comment on Savannah News Press, Inc. v. Grayson, 102 Ga. App. 59, 115 S.E.2d 762 (1960), see 23 Ga. B. J. 421 (1961). For comment, "Lee v. Dong-A Ilbo: Use of Official Report Privilege to Protect Defamatory Statements in Press Account Based on Foreign Government Report," see 23 Ga. L. Rev. 275 (1988).

ANALYSIS

• General Consideration
• Statements Relating to Public Duty
• Statements Relating to Private Duty
• Statements Relating to Speaker's Interests
• Reports of Legislative and Judicial Bodies and Court Proceedings
• Comments of Counsel
• Reports Based on Police Authorities
• Acts of Public Officials
• Applicability to Specific Cases

RESEARCH REFERENCES

Am. Jur. 2d.

- 50 Am. Jur. 2d, Libel and Slander, § 257 et seq.

- 53 C.J.S., Libel and Slander, §§ 104 et seq., 150 et seq.

- Statement or testimony in lunacy proceeding as privileged within law of libel and slander, 2 A.L.R. 1582.

Libel and slander: privilege of communication in relation to member, or prospective member, of society, other than church, 3 A.L.R. 1654; 15 A.L.R. 453.

Libel and slander: privilege in reports or statements about school pupils, 12 A.L.R. 147.

Testimony of witness as basis of civil action for damages, 12 A.L.R. 1247; 54 A.L.R.2d 1298.

Libel and slander: privilege of statement or communication by official charged with prosecution or detection of crime, 15 A.L.R. 249.

Relative provinces of court and jury as to privileged occasion and privileged communication in law of libel and slander, 26 A.L.R. 830.

Libel and slander: privilege of statements made during trial by one not on the witness stand or acting as attorney for another, 44 A.L.R. 389.

Libel and slander: privilege as to reports of judicial proceedings as attaching to publication of pleadings before hearing, 52 A.L.R. 1438; 104 A.L.R. 1124.

Libel and slander: privilege of communications between government officials as affected by their general publication, 53 A.L.R. 1526.

Presumption and burden of proof as to malice when defamatory statement or writing is made on an occasion of qualified privilege, 54 A.L.R. 1143.

Proceeding to obtain search warrant as judicial proceeding within rule of privilege in libel and slander, 58 A.L.R. 723.

Libel and slander: privilege as to communications respecting church matters, 63 A.L.R. 649.

Libel and slander: privilege as to communications to one spouse reflecting on other spouse, 69 A.L.R. 1023.

Communication between relatives or members of a family as publication or subject of privilege within law of libel and slander, 78 A.L.R. 1182.

Libelous or privileged character of publication by newspaper based on matter received from news agency or regular correspondent, 86 A.L.R. 475.

Taking deposition as judicial proceeding as regards law of privilege in libel and slander, 90 A.L.R. 66.

Libel and slander: qualified privilege as regards publication of matters in relation to members of private or quasi public bodies in newspapers or journals of general circulation or in those intended primarily for circulation among their members, 92 A.L.R. 1029.

Libel and slander: privilege of communications made to employee regarding conduct of another employee or former employee, 98 A.L.R. 1301.

Doctrine of privilege or fair comment as applicable to misstatements of fact in publication (or oral communication) relating to public officer or candidate for office, 110 A.L.R. 413; 150 A.L.R. 358.

Libel and slander: garbled, inaccurate, or mistaken report of judicial proceedings as within privilege, 120 A.L.R. 1236.

Police investigation as within rule of privilege relative to report of judicial proceedings, 132 A.L.R. 495.

Libel and slander: scope of absolute privilege of executive officer, 132 A.L.R. 1340.

Libel and slander: privilege of communications made by private person or concern to public authorities regarding one not in public employment, 136 A.L.R. 543.

Libel and slander: privilege regarding communications to police or other officer respecting commission of crime, 140 A.L.R. 1466.

Libel and slander: privilege as regards publication of judicial opinion, 146 A.L.R. 913.

Libel and slander: doctrine of privilege or of fair comment and criticism as applicable to statement or publication imputing impropriety or dishonesty in bringing or defending civil action or proceeding, 148 A.L.R. 1173.

Doctrine of privilege or fair comment as applicable to misstatements of fact in publication (or oral communication) relating to public officer or candidate for office, 150 A.L.R. 358.

Libel and slander: privilege in respect of communication to employer regarding indebtedness of employee, 151 A.L.R. 1104.

Libel and slander: statements in the nature of comment upon judicial, legislative, or administrative proceeding, or the decision therein, as within privilege accorded to proceeding or report thereof, 155 A.L.R. 1346.

Libel and slander: lack of jurisdiction as destroying privilege of defamatory allegations or statements in judicial proceedings, 158 A.L.R. 592.

Libel and slander: communication to defendant's employee or business associate as publication or as privileged, 166 A.L.R. 114.

Libel and slander: defamation of one relative to another by person not related to either, as subject of qualified privilege, 25 A.L.R.2d 1388.

Libel and slander: report of mercantile agency as privileged, 30 A.L.R.2d 776.

Libel and slander: statements in briefs as privileged, 32 A.L.R.2d 423.

Libel and slander: statements or utterances by member of municipal council, or of governing body of other political subdivision, in course of official proceedings, as privileged, 40 A.L.R.2d 941.

Libel and slander: findings, report, or the like of judge or person aiding in judicial capacity as privilege, 42 A.L.R.2d 825.

Libel and slander: privilege applicable to judicial proceedings as extending to administrative proceedings, 45 A.L.R.2d 1296.

Libel and slander: proceedings, presentments, investigations, and reports of grand jury as privileged, 48 A.L.R.2d 716.

Pleading or raising defense of privilege in defamation action, 51 A.L.R.2d 552.

Testimony of witness as basis of civil action for damages, 54 A.L.R.2d 1298.

Libel and slander: statements in counsel's argument to jury as privileged, 61 A.L.R.2d 1300.

Libel and slander: privilege of statements by physician, surgeon, or nurse concerning patient, 73 A.L.R.2d 325.

Libel and slander: privilege in connection with proceedings to disbar or discipline attorney, 77 A.L.R.2d 493.

Reliance on facts not stated or referred to in publication, as support for defense of fair comment in defamation case, 90 A.L.R.2d 1279.

Libel and slander: application of privilege attending statements made in course of judicial proceedings to pretrial deposition and discovery procedures, 23 A.L.R.3d 1172.

Libel and slander: public officer's privilege as to statements made in connection with hiring and discharge, 26 A.L.R.3d 492.

Libel and slander: public officer's privilege in connection with accusations that another has been guilty of sedition, subversion, espionage, or similar behavior, 33 A.L.R.3d 1330.

Libel and slander: out-of-court communications between attorneys made preparatory to, or in the course or aftermath of, civil judicial proceedings as privileged, 36 A.L.R.3d 1328.

Libel and slander: qualified privilege of reply to defamatory publication, 41 A.L.R.3d 1083.

Libel and slander: privilege of reporting judicial proceedings as extending to proceeding held in secret or as to which record is sealed by court, 43 A.L.R.3d 634.

Libel and slander: employer's privilege as to communications to news media concerning employees, 52 A.L.R.3d 739.

Libel and slander: privileged nature of communications made in course of grievance or arbitration procedure provided for by collective bargaining agreement, 60 A.L.R.3d 1041.

Libel and slander: privileged nature of communication to other employers or employees' union of reasons for plaintiff's discharge, 60 A.L.R.3d 1080.

Libel and slander: privileged nature of statements or utterances by member of school board in course of official proceedings, 85 A.L.R.3d 1137.

Libel and slander: privileged nature of communications between insurer and insured, 85 A.L.R.3d 1161.

Privilege of newsgatherer against disclosure of confidential sources or information, 99 A.L.R.3d 37.

Libel and slander: reports of pleadings as within privilege for reports of judicial proceedings, 20 A.L.R.4th 576.

Libel and slander: attorneys' statements to parties other than alleged defamed party or its agents, in course of extrajudicial investigation or preparation relating to pending or anticipated civil litigation as privileged, 23 A.L.R.4th 932.

Libel and slander: privileged nature of statements or utterances by members of governing body of public institution of higher learning in course of official proceedings, 33 A.L.R.4th 632.

Defamation: publication by intracorporate communication of employee's evaluation, 47 A.L.R.4th 674.

Defamation: privilege attaching to news report of criminal activities based on information supplied by public safety officers - modern status, 47 A.L.R.4th 718.

Immunity of police or other law enforcement officer from liability in defamation action, 100 A.L.R.5th 341.

Defamation of church member by church or church official, 109 A.L.R.5th 541.

Individual and corporate liability for libel and slander in electronic communications, including e-mail, internet and websites, 3 A.L.R.6th 153.

Libel and slander: construction and application of the neutral reportage privilege, 13 A.L.R.6th 111.

Liability of newspaper for libel and slander - 21st century cases, 22 A.L.R.6th 553.