Georgia courts have mentioned the "neutral reportage privilege" a handful of times, but they sometimes appear to confuse it with the fair report privilege and the statutory privilege for reporting information received from arresting officers or police authorities. At other times, Georgia courts use the term "neutral reportage" to describe whether a report is "fair and honest" for purposes of the fair report privilege. Because of this confusion, it is difficult to say whether Georgia recognizes the privilege as it is usually understood.
Wire Service Defense
The CMLP has not identified any cases in Georgia concerning the wire service defense. If you are aware of any Georgia cases, please notify us.
Statute of Limitations for Defamation
The statute of limitations for defamation is one (1) year. Ga. Code Ann. § 9-3-33.
Georgia has adopted the single publication rule. See Carroll City/County Hosp. Auth. v. Cox Enters., 256 S.E.2d 443, 444 (Ga. 1979). For a definition of the "single publication rule," see the Statute of Limitations for Defamation section.
In McCandliss v. Cox Enterprises, 595 S.E.2d 856 (Ga. Ct. App. 2004), a Georgia appeals court held that the single publication rule applied to the posting of news articles on a newspaper's website. If other Georgia courts follow the McCandliss decision, the statute of limitations in Internet cases would begin to run from the date of first posting, absent a modification that triggers "republication."
Illinois Defamation Law
Note: This page covers information specific to Illinois. For general information concerning defamation, see the Defamation Law section of this guide.
Elements of Defamation
Under Illinois law, the elements of a defamation claim are:
the defendant made a false statement about the plaintiff;
there was an unprivileged publication to a third party;