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  1. #1

    Default Is Defamation a Crime

    My question involves defamation in the state of: Georgia

    If one were to spread libelous information via social media to individual(s) with a personal connection to the individual who is being slandered and use a false identity on social media in order to spread the libel (e.g. pretending to be someone who had a secret affair with the plaintiff who felt "guilty" about their behavior and contacted the plaintiff's spouse giving this information), what crime would this be?

    This is purely a hypothetical question, and in this hypothetical scenario, the person spreading the slander went on a public computer at a public library located in a different state (a library where one can simply walk up to the computer and use it, no sign in process). Would the defendant/suspect in this scenario likely be discovered? If so, what would be the likely sentence? It also seems as though, even if the defendant were discovered, the defendant would have the plasible deniability of claming that they did in fact have the affair with the person and the plaintiff is merely using the legal system in a futile attempt to clear their name and getting revenge against the person for making their secret affair public. At that point, it seems to me that it would be difficult to clear "reasonable doubt" from the case.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Is Defamation a Crime

    Without more information, it would not be a crime. It's not a crime to use a made-up identity when posting online. If somebody defames you, you can sue them.

  3. #3
    Join Date
    Oct 2014

    Default Re: Is Defamation a Crime

    There are a few states that still retain criminal defamation laws. However, those laws are very rarely, if ever, prosecuted. Georgia hasn't prosecuted such a case since 1982, and the result of that case was that the state supreme court held that the criminal defamation laws violated the state constitution, rending those laws unenforceable. As a result, there is no criminal defamation proseuction possible in Georgia today. The remedy for defamation is to sue the person making the defamatory statements. Beyond that, I have no other comment. Your post is not at all clear about what is going on, and as it is a hypothetical anyway perhaps you don't have a clear picture in mind of what takes place.

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