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§ 9-11-11.1.Exercise of rights of freedom of speech and to petition government for redress of grievances; legislative findings; verification of claims; definitions; procedure on motions; exception; fees and expenses

Chapter 11. Civil Practice Act · Article 3. Pleadings and Motions · Last amended 2016 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-11.1, Georgia's anti-SLAPP statute, subjects claims arising from a person's or entity's protected petitioning or free speech activity on a public issue to an early motion to strike unless the nonmoving party shows a probability of prevailing, stays discovery while the motion is pending, allows a direct appeal from the ruling, and lets a prevailing movant recover attorney's fees automatically while a prevailing nonmovant recovers fees only if the court finds the motion itself frivolous or aimed at causing delay.

Full Text of § 9-11-11.1

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h)

(a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance and public interest through the exercise of their constitutional rights of petition and freedom of speech. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of petition and freedom of speech should not be chilled through abuse of the judicial process. To accomplish the declarations provided for under this subsection, this Code section shall be construed broadly.
(b)
(1) A claim for relief against a person or entity arising from any act of such person or entity which could reasonably be construed as an act in furtherance of the person’s or entity’s right of petition or free speech under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern shall be subject to a motion to strike unless the court determines that the nonmoving party has established that there is a probability that the nonmoving party will prevail on the claim.
(2) In making the determination as provided for in paragraph (1) of this subsection, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based; provided, however, that if there exists a claim that the nonmoving party is a public figure plaintiff, then the nonmoving party shall be entitled to discovery on the sole issue of actual malice whenever actual malice is relevant to the court’s determination under paragraph (1) of this subsection.
(3) If the court determines that the nonmoving party under paragraph (1) of this subsection has established a probability that he or she would prevail on the claim, neither that determination nor the fact of such determination shall be admissible in evidence at any later stage of the case or in any subsequent action and no burden of proof or degree of proof otherwise applicable shall be affected by such determination in any later stage of the case or in any subsequent proceeding.
(b.1)In any action subject to subsection (b) of this Code section, a prevailing moving party on a motion to strike shall be granted the recovery of attorney’s fees and expenses of litigation related to the action in an amount to be determined by the court based on the facts and circumstances of the case. If the court finds that a motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award attorney’s fees and expenses of litigation to the nonmoving party prevailing on the motion for the attorney’s fees and expenses of litigation associated with the motion in an amount to be determined by the court based on the facts and circumstances of the case.
(c) As used in this Code section, the term “act in furtherance of the person’s or entity’s right of petition or free speech under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern” shall include:
(1) Any written or oral statement or writing or petition made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law;
(2) Any written or oral statement or writing or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law;
(3) Any written or oral statement or writing or petition made in a place open to the public or a public forum in connection with an issue of public interest or concern; or
(4) Any other conduct in furtherance of the exercise of the constitutional right of petition or free speech in connection with a public issue or an issue of public concern.
(d) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of this Code section until a final decision on the motion. The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection.
(e) An order granting or denying a motion to dismiss or a motion to strike shall be subject to direct appeal in accordance with subsection (a) of Code Section 5-6-34.
(f) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule.
(g) This Code section shall not apply to any action brought by the Attorney General or a prosecuting attorney, or a city attorney acting as a prosecutor, to enforce laws aimed at public protection.
(h) Attorney’s fees and expenses of litigation under this Code section shall be requested by motion at any time during the course of the action but not later than 45 days after the final disposition, including but not limited to dismissal by the plaintiff, of the action.
End

Plain-English Summary

The General Assembly passed this section to keep lawsuits from being used to punish people for speaking out or petitioning the government. It opens with legislative findings declaring that citizen participation in public affairs, through petitioning and free speech, deserves protection from litigation designed to chill it, and it directs courts to read the rest of the section broadly to carry out that purpose.

The operative rule in subsection (b) covers a claim arising from an act that could reasonably be construed as furthering someone’s constitutional right to petition or speak freely in connection with a matter of public interest or concern. Such a claim is subject to a motion to strike unless the nonmoving party shows a probability of prevailing on it. The court weighs the pleadings and any supporting or opposing affidavits, and a public-figure plaintiff gets limited discovery on the actual-malice issue when that issue matters to the ruling. Subsection (c) defines the protected conduct broadly — statements or petitions made before legislative, executive, or judicial proceedings, statements connected to an issue those bodies are considering, statements made in a public forum on a matter of public concern, and other conduct in furtherance of petition or speech rights on a public issue.

Filing the motion triggers real consequences for the pace of the case: discovery and other pending hearings or motions are stayed until the court decides the motion, which it must hear within 30 days of service absent an emergency, though the court can allow specified discovery to continue for good cause. The ruling — granting or denying the motion — is directly appealable. Fees follow the outcome: a prevailing movant recovers attorney’s fees and litigation expenses, and if the court finds the motion itself frivolous or aimed at causing delay, the nonmoving party who beats it recovers fees for opposing it instead.

The statute carves out its own limits. It doesn’t affect any other recovery a party might otherwise pursue under existing law, it doesn’t apply to enforcement actions brought by the Attorney General, a prosecuting attorney, or a city attorney acting as prosecutor to enforce laws protecting the public, and a party seeking fees under this section must move for them no later than 45 days after the case’s final disposition.

Frequently Asked Questions

What kind of Georgia lawsuits does the anti-SLAPP statute protect against?

Claims arising from an act that could reasonably be construed as furthering a person's or entity's constitutional right to petition or free speech in connection with an issue of public interest or concern.

How does a plaintiff defeat a motion to strike under O.C.G.A. § 9-11-11.1?

By establishing there is a probability that the plaintiff will prevail on the claim, based on the pleadings and supporting or opposing affidavits the court considers.

Does filing an anti-SLAPP motion to strike pause discovery in Georgia?

Yes. All discovery and any pending hearings or motions are stayed upon filing the motion until the court decides it, subject to the court's power to allow specified discovery or hearings to proceed for good cause.

Who pays attorney's fees on a Georgia anti-SLAPP motion?

A prevailing moving party recovers attorney's fees and litigation expenses; if the court finds the motion frivolous or intended solely to cause delay, the nonmoving party who prevails on the motion recovers its own fees instead.

Does this section apply to lawsuits brought by government prosecutors?

No. Subsection (g) exempts actions brought by the Attorney General, a prosecuting attorney, or a city attorney acting as a prosecutor to enforce laws aimed at public protection.

Amendment History

Code 1981, § 9-11-11.1, enacted by Ga. L. 1996, p. 260, § 1; Ga. L. 1998, p. 862, § 2; Ga. L. 2016, p. 341, § 2/HB 513.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source
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