Georgia § 51-5-12 Admissibility of evidence in defamation action concerning correction and retraction; effect on damages

Georgia Statutes

§ 51-5-12 — Admissibility of evidence in defamation action concerning correction and retraction; effect on damages

Georgia § 51-5-12

Title51

This text of Georgia § 51-5-12 (Admissibility of evidence in defamation action concerning correction and retraction; effect on damages) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

O.C.G.A. § 51-5-12 (2026).

Text

(a)In any civil action for a defamatory statement which charges the visual or sound broadcast of an erroneous statement alleged to be defamatory, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction or omitted to request retraction.

(b)In any such action, the defendant may allege and give proof of the following matters, as applicable:

(1)(A) That the matter alleged to have been broadcast and to be defamatory was published without malice;

(B)That the defendant, in a regular broadcast of the station over which the broadcast in question was made, within three days after receiving written demand, corrected and retracted the allegedly defamatory statement in as conspicuous and public a manner as that in which the alleged defamatory st

Free access — add to your briefcase to read the full text and ask questions with AI

(a) In any civil action for a defamatory statement which charges the visual or sound broadcast of an erroneous statement alleged to be defamatory, it shall be relevant and competent evidence for either party to prove that the plaintiff requested retraction or omitted to request retraction. (b) In any such action, the defendant may allege and give proof of the following matters, as applicable: (1) (A) That the matter alleged to have been broadcast and to be defamatory was published without malice; (B) That the defendant, in a regular broadcast of the station over which the broadcast in question was made, within three days after receiving written demand, corrected and retracted the allegedly defamatory statement in as conspicuous and public a manner as that in which the alleged defamatory statement was broadcast; and (C) That, if the plaintiff so requested, the retraction and correction were accompanied, on the same day, by an editorial in which the allegedly defamatory statement was specifically repudiated; or (2) That no request for correction and retraction was made by the plaintiff. (c) Upon proof of the facts specified in paragraph (1) or (2) of subsection (b) of this Code section, the plaintiff shall not be entitled to any punitive damages and the defendant shall be liable only to pay actual damages. The defendant may plead the broadcast of the correction, retraction, or explanation, including the editorial, if demanded, in mitigation of damages.