Business Owners: How One Bad Review Can Cross the Line Into Defamation in Georgia

By Davis Law Group Trial Attorneys

Online reviews are a powerful force for Georgia businesses. A single negative review can influence customers, revenue, and reputation. While most reviews are protected speech, some reviewers cross the line from expressing an opinion into making false, harmful statements. When that happens, Georgia law allows business owners to take action.

This article explains when a bad review becomes legally actionable defamation under Georgia law and what business owners can do to protect themselves.

What Georgia Law Says About Defamation

Under O.C.G.A. § 51-5-1, a reviewer commits defamation when they:

1. Publish a false statement about you or your business

2. Communicate it to at least one third party

3. Cause harm to your reputation or business

Online reviews fall under libel, which is written defamation.

Georgia courts are clear: reviews that make false factual claims, rather than subjective opinions, may be defamatory.

Opinion vs. Defamation: Where Georgia Draws the Line

Georgia law protects opinions, even harsh ones. Statements such as:

• “I didn’t like the service.”

• “The food could have been better.”

• “I don’t recommend this business.”

are generally protected because they reflect personal experience.

A reviewer crosses into defamation when they publish a false statement of fact that can be proven true or false.

Examples of potentially defamatory statements include:

• “This company scams customers.”

• “The owner commits fraud.”

• “They charged my credit card illegally.”

• “This daycare neglects children.”

• “Their technicians intentionally damaged my car.”

If the statements are untrue and presented as fact, they may be legally actionable.

Defamation Per Se Under Georgia Law

Georgia recognizes certain statements as defamation per se, meaning the law presumes harm without requiring financial proof.

These include false statements accusing a business or owner of:

• Committing a crime

• Dishonesty or fraud

• Professional incompetence

• Conduct incompatible with running a business

In these situations, damages are presumed because the statements are inherently damaging.

Common Types of Defamatory Reviews in Georgia

Georgia courts frequently handle defamation cases involving:

1. Fake Reviews Written by Non-Customers

Competitors, former employees, disgruntled associates, or anonymous accounts sometimes leave reviews without ever doing business with the company.

2. Accusations of Criminal or Fraudulent Conduct

False claims of theft, fraud, or illegal activity are often considered defamation per se.

3. False Claims About Billing or Business Practices

Statements about improper charges, unauthorized transactions, or unethical conduct may be defamatory if untrue.

4. Attacks on Professional Competence

Reviews that falsely claim a business is unqualified, negligent, or unsafe can create liability.

5. Reviews Posted to Pressure or Threaten the Business

Some reviewers post false claims to force refunds or obtain benefits. This conduct may constitute both defamation and business interference.

Legal Remedies Available to Georgia Business Owners

A successful defamation claim may allow a business owner to recover:

• Compensatory damages for lost revenue or opportunities

• General damages for reputational harm

• Punitive damages for malicious conduct

• Attorney’s fees when the conduct is shown to be in bad faith

Courts may also order:

• Removal of the review

• A public retraction

• An injunction preventing further false statements

Georgia’s Advantage: Proving “Publication” Is Simple

In Georgia, a defamatory statement is “published” when anyone other than the speaker reads or hears it. A single online review satisfies this requirement. Even sharing a screenshot or forwarding a review counts as publication.

Steps to Take if a Review Crosses the Line

1. Save All Evidence

Take screenshots with dates, usernames, and URLs.

2. Do Not Respond Emotionally Online

Your response may become part of the litigation record.

3. Document the Harm

Record any lost customers, canceled contracts, or reputational damage.

4. Verify Whether the Reviewer Was a Customer

Fake or anonymous reviews can strengthen a claim.

5. Contact a Litigation Attorney Promptly

Georgia has a one-year statute of limitations for defamation claims. Delaying can result in lost evidence or lost rights.

You Do Not Have to Tolerate False Reviews

False online statements can severely damage a business. Georgia law provides strong protections for business owners, especially when reviews contain false allegations, criminal accusations, or misleading factual claims.

If someone has posted a false or malicious review about your business, Davis Law Group Trial Attorneys can help you protect your reputation and pursue appropriate legal remedies. Call us at 404-446-2932 or schedule a consultation.