25 S.E.2d 414 | Ga. | 1943
A petition which alleged that the defendants wilfully and maliciously caused to be filed with the Revenue Commission a report in writing which amounted in effect to a libel, which publication was fraudulent, untrue, and maliciously made, such petition not showing that the libelous report was made to a tribunal which was exercising judicial powers, or other powers of a kindred nature, did not show on its face that the publication of the defamatory report was absolutely privileged, but showed only a conditional or qualified privilege, and was not subject to general demurrer on the ground that no cause of action was set forth.
The defendants' demurrer to the petition was sustained, and on exception the Court of Appeals reversed that judgment.
If the petition states the truth, the defendants are liable, unless the alleged publication was absolutely privileged. In an action for libel, that a writing constituted a conditional privilege is generally a matter for plea. Holmes v. Clisby,
At the time this case was tried the laws with reference to the establishment of the State Revenue Department and the duties of the Revenue Commission were contained in the Annotated Code of Georgia, § 58-701 et seq., and the cumulative supplement thereto.
The right of the State Revenue Commission, or the Commissioner, to revoke a license is contained in section 58-732 of the cumulative supplement as follows: "When any license issued under the provisions of this chapter to any person, firm, or corporation, for the manufacture, distribution, or wholesale or retail sale of malt beverages specified in this chapter shall be revoked by any county or municipality of this State, such action shall automatically revoke the license issued to such firm, person, or corporation by the State Revenue Commission, in so far as said license applies to the locality or jurisdiction wherein such revocation took place; and when a license issued to any person, firm, or corporation to engage in any business specified in this chapter shall be revoked by the State Revenue Commission, such action shall automatically revoke the license issued to such person, firm, or corporation by any municipality or county of this State." It does not appear from the petition that the license issued to Lamb by the State Revenue Commission was automatically revoked because of any previous revocation by any county or municipality of this State, but that it was revoked by the State Revenue Commission by virtue of the power recognized by that portion of the clause next above quoted, which reads: "and when a license issued to any person, firm, or corporation to engage in any business specified in this chapter shall be revoked by the State Revenue Commission."
It is the insistence of counsel for the defendants that the rule of absolute privilege should here apply, because the Revenue Commissioner in revoking Lamb's license was performing a quasi judicial act. There is no provision for notice to the licensee, or for any hearing before the commission, or any semblance of a hearing before revoking the license; and save in the instance where the license had already been revoked by any county or municipality, there is nothing to guide the commissioner in determining whether or not he will revoke the license, and no suggestion that in revoking it the commissioner is exercising any judicial or quasi judicial function. *694
It has been observed that quasi is a Latin word signifying as if, almost; it marks the resemblance, and supposes a little difference between two objects. People v. Bradley,
Whether or not the courts of this State will apply the law of absolute privilege to a communication addressed to an officer in the performance of a quasi judicial act has not heretofore been before the courts of this State. The authorities from other jurisdictions are in conflict. Among those supporting the view that such communications have the character of absolute privilege, because made to the Federal Radio Commission, the Workmen's Compensation Commission, Board of Election Commissioners, and the like, are Arkansas Harbor Terminal Ry. Co.v. Taber (Tex.App.),
The instant case presents no occasion for determining which line of the foregoing authorities represents the sounder view, because, even if it were to be conceded that communications made to a State official in the exercise of quasi judicial acts would be absolutely privileged, for us so to rule would be to go outside of this record; for the case is here on demurrer, and paragraph 22 of the petition is in the following language: "That said writing was published on or about the 14th day of March, 1940, by the said John S. Wood [who] submitted the same to the Revenue Commission of Georgia; whereupon said Revenue Commission revoked the licenses which had been granted to petitioner as above set out." This can have no other meaning than that it is therein alleged that so soon as the writing was submitted to the commission, they, acting upon it and it alone, revoked Lamb's license. This was not the act of a party after a hearing, or after the taking of evidence, or after having made anything like a judicial investigation. "Whereupon" has been judicially defined as immediately after. In re Premises, etc.,
In 33 American Jurisprudence, 123, under Libel and Slander, § 125, the statement is made that "An absolutely privileged communication is one in respect of which, by reason of the occasion on which, or the matter in reference to which, it is made, no remedy can be had in a civil action, however hard it may bear upon a person who claims to be injured thereby, and even though it may have been made maliciously. The class of absolutely privileged communications is narrow, and is practically limited to legislative and judicial proceedings and other acts of State, including, it is said, communications made in the discharge of a duty under express authority of law, by or to heads of executive departments of the State, and matters involving military affairs. The privilege is not intended so much for the protection of those engaged in the public service and in the enactment and administration of law, as for the promotion of the public welfare, the purpose being that members of the legislature, judges of courts, jurors, lawyers, and witnesses may speak their minds freely and exercise their respective functions without incurring the risk of a criminal prosecution or an action for the recovery of damages." And in Newell on Slander and Libel (3d ed.), § 493, it is said: "The great underlying principle upon which the doctrine of privileged communications rests is public policy. This is more especially the case with absolute privilege, where the interests and the necessities of society require that the time and occasion of the publication or utterance, even though it be both false and malicious, shall protect the defamer from all liability to prosecution, for the sake of the public good. It rests upon the same necessity that requires the individual to surrender his personal rights, and to suffer loss for the benefit of the common welfare. Happily for the citizen, this class of privilege is restricted to narrow and well-defined limits."
There are many purely administrative and even executive functions which require the exercise of discretion; but merely because they may call for it does not make them either judicial or quasi judicial acts. In this day of many bureaus in various departments of government, and when their heads and deputies, and in *697 many instances their mere appointees, are clothed with vast powers over the activities of the people, restraining their liberties, regulating their movements and reaching down into their pocket-books, the safer view, it seems to us, is that taken by the Court of Appeals in the present case, and as respects the rule of absolute privilege in the law of libel, as affecting communications addressed to such officers, to restrict it to the narrow and well-defined limits. In doing so, we follow the beaten path.
The judgment of the Court of Appeals is
Affirmed. All the Justices concur.