HB 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

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.

• 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.

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.

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.

• 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.

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

• Terry Cummings (D, HD-039)Patrocinador principal
• Sylvia Baker (D, HD-064)

• defamation law
• sexual assault reporting
• sexual harassment
• discrimination
• tort law