Defamation litigation is a specific judicial process aimed at restoring tarnished honor, dignity, and business reputation. In Georgia, defamation is decriminalized, meaning it is not a criminal offense, and disputes proceed under civil law. Litigation is the last but often necessary measure when negotiations fail. This process requires high professionalism, as the plaintiff bears the burden of proof (except in cases involving public figures, where the standard differs). The main challenge is drawing the line between freedom of speech and defamation. The court must determine whether the disseminated information was a fact, whether it was substantially false, and whether the party suffered damage. An incorrectly managed dispute can end not only in loss but also in the plaintiff being liable for the defendant's costs.
What does the Defamation Litigation service cover?
This service covers the management of the full litigation cycle:
- Case Prospect Assessment: Preliminary analysis—is it worth starting a dispute? Is there enough evidence to prove the falsity of facts?
- Drafting the Lawsuit: Preparing a legally substantiated claim that clearly distinguishes between facts and opinions.
- Securing Evidence: Fixing social media posts, video materials, and articles through procedural rules (e.g., via the National Bureau of Enforcement).
- Court Representation: Defending the client's interests in courts of all instances (City, Court of Appeals, Supreme Court).
- Enforcement of Decision: Monitoring the publication of the retraction text ordered by the court and collecting compensation.
Common Scenarios and Needs
Lawsuits are often filed in the following situations: Political Disputes: When politicians or public officials sue the media or opponents for false accusations. Corporate Disputes: A company suing a former partner for disclosing trade secrets and tarnishing reputation. Journalistic Ethics: A private individual suing a TV channel for incorrect facts in a report that caused moral damage. Online Harassment: Disputes against bloggers or "influencers" who deliberately spread disinformation.
Georgian Legislation and Regulations
Defamation litigation is regulated by the Civil Procedure Code of Georgia and the Law on Freedom of Speech and Expression. Legislation distinguishes between private and public figures. In the case of a public figure, the plaintiff must prove not only the falsity of the fact but also substantiate with "clear and convincing evidence" that the defendant knew about the falsity or acted with gross negligence (the so-called Actual Malice standard). In the case of a private individual, the burden of proof is distributed: the defendant must prove that the fact is true. Also important is the concept of absolute privilege (e.g., testimony given in court cannot be the subject of a defamation dispute).
Step-by-Step Process
The process begins with filing the lawsuit. The court checks the admissibility of the claim. At the preliminary hearing, parties exchange evidence. At the main hearing, witnesses are examined, and video/audio materials are investigated. Linguistic expertise is often used to determine the content of phrases (is it an insult or criticism). After the decision is made, the losing party can appeal to the Court of Appeals. The final decision is enforced based on a writ of execution.
Why Legal.ge?
Defamation disputes are a legal art form requiring not only knowledge of the law but also oratorical talent and attention to detail. Legal.ge connects you with litigators (trial lawyers) who have experience winning precedent-setting disputes. Our specialists will realistically assess your chances and choose the best tactics to defend your truth from the court tribune. Fight for your rights with Legal.ge.
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