Georgia CommonsHB 911: Torts; prohibit individuals from bringing defamation actions against another individual who makes a communication regarding an incident of sexual assault, harassment, or discrimination; provisions
Last action January 12, 2026 · House Second Readers
A Georgia House bill would bar defamation lawsuits against people who report sexual assault, harassment, or discrimination if they reasonably believed the incident happened, and would let winning defendants recover attorney's fees.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest LegiScan holds.
In plain language
Under current Georgia law, someone who speaks or writes about an incident of sexual assault, harassment, or discrimination could potentially face a defamation lawsuit from the person they accused, even if they believed their account was true. This bill adds a new section to Georgia's libel and slander law (O.C.G.A. Chapter 51-5) that would block such lawsuits in certain cases. Specifically, a person could not sue another individual for defamation over a statement about sexual assault, sexual harassment, or sex discrimination if that statement was made without malice and the speaker reasonably believed the incident occurred. If someone files a defamation suit anyway and loses, the bill entitles the winning defendant to recover their attorney's fees, litigation expenses, and court costs. The bill does not set an effective date beyond the standard process, and it repeals any conflicting laws.
What the bill does
- Adds a new Code section (O.C.G.A. § 51-5-13) shielding individuals from defamation lawsuits over statements about sexual assault, harassment, or discrimination made without malice and with reasonable belief the incident occurred.
- Limits the protection to communications made without malice, meaning the speaker did not act with hatred, ill will, or intent to harm.
- Requires the speaker to have had a reasonable belief, at the time of the statement, that the incident actually happened for the protection to apply.
- Allows a defendant who successfully defends against a defamation suit under this new rule to recover reasonable attorney's fees, litigation expenses, and court costs from the person who sued them.
- Repeals any existing Georgia laws that conflict with this new provision.
Who it affects
People who report or speak about sexual assault, harassment, or discrimination and the individuals they accuse; anyone considering filing a defamation lawsuit over such statements; and Georgia courts and attorneys handling defamation claims involving these topics.
Why it matters
People who report sexual assault, harassment, or discrimination based on a reasonable belief would gain new legal protection from defamation lawsuits, and could recover legal costs if sued anyway. Those accused would face a higher bar before they could sue over such statements.
Key provisions
- Section 1 creates new Code section 51-5-13, prohibiting defamation suits over communications about sexual assault, sexual harassment, or sex discrimination made without malice and with a reasonable belief the incident occurred.
- Subsection (a) sets the two-part standard for protection: no malice and a reasonable belief the incident happened at the time of the statement.
- Subsection (b) grants a prevailing defendant in a suit that violates subsection (a) the right to recover reasonable attorney's fees, litigation expenses, and costs.
- Section 2 repeals any conflicting Georgia laws.
From the bill
“An individual shall not bring an action pursuant to this chapter against another individual who makes a communication without malice regarding an incident of sexual assault, sexual harassment, or sex discrimination if, at the time of making the communication, the communicating individual has a reasonable belief that sexual assault, sexual harassment, or sex discrimination occurred.”
“A prevailing defendant in an action brought in violation of subsection (a) of this Code section is entitled to recover reasonable attorney's fees, expenses of litigation, and costs.”
Status timeline
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Terry Cummings (D, HD-039)
- Sylvia Baker (D, HD-064)
Topics
- defamation law
- sexual assault reporting
- sexual harassment
- discrimination
- tort law