HB911: HB911 Torts; prohibit individuals from bringing defamation actions against another individual who makes a communication regarding an incident of sexual assault, harassment, or discrimination; provisions

Under current Georgia law, someone who publicly describes a sexual assault, sexual harassment, or sex discrimination incident can potentially be sued for defamation (libel or slander) by the person they accuse, even if they believed their account was true. This bill would add a new section to Georgia's libel and slander law (O.C.G.A. Title 51, Chapter 5) creating a shield for people who speak about such incidents. Specifically, a person could not be sued for defamation over a communication about sexual assault, sexual harassment, or sex discrimination if they made the statement without malice and reasonably believed, at the time, that the incident occurred. If someone files a defamation lawsuit that violates this rule anyway, and the defendant wins the case, that defendant can recover their attorney's fees, litigation expenses, and court costs from the person who sued them.

• Adds a new Code section (O.C.G.A. § 51-5-13) to Georgia's libel and slander law shielding people from defamation lawsuits over statements about sexual assault, harassment, or discrimination.
• Protects a communication only if it was made without malice and the speaker reasonably believed the incident occurred at the time.
• Allows a defendant who wins a defamation case brought in violation of this new rule to recover attorney's fees, litigation expenses, and costs from the person who sued them.
• Repeals any existing Georgia laws that conflict with this new protection.

People who speak or write publicly about experiences of sexual assault, sexual harassment, or sex discrimination, and the individuals they accuse, who would face new limits on suing for defamation. Georgia courts handling defamation claims would also apply this new standard.

People who report or discuss sexual misconduct they believe occurred would gain legal protection from defamation lawsuits, potentially reducing the threat of being sued for speaking out. Those accused would face new hurdles in suing accusers and could owe the accuser's legal costs if they lose.

• Section 1 adds new Code section 51-5-13 to Chapter 5 of Title 51, covering libel and slander.
• Subsection (a) bars defamation suits against someone who communicates about sexual assault, sexual harassment, or sex discrimination without malice and with a reasonable belief it occurred.
• Subsection (b) entitles a defendant who prevails in a lawsuit that violates subsection (a) to recover reasonable attorney's fees, litigation expenses, and costs.
• Section 2 repeals any conflicting Georgia laws.

1. 2026-01-12House Second Readers (House)
2. 2025-04-04House First Readers (House)
3. 2025-04-02House Hopper (House)

• Terry Cummings (D, HD-039)Primary sponsor
• Sylvia Baker (D, HD-064)

• defamation law
• sexual assault
• sexual harassment
• sex discrimination
• attorney's fees