Washington state is ahead of the curve when it comes to defamation law. For example, in 1989, Washington became the first state anywhere in the nation to enact anti-SLAPP legislation. Washington is also among the first states to pass anti-doxxing legislation.
Washington’s Uniform Correction or Clarification of Defamation Act (UCCDA) is likewise among the first of its kind in the nation. Adopted in 2013, the UCCDA requires defamation plaintiffs to give defendants an opportunity to publish a retraction of a defamatory statement before pursuing a lawsuit. If the retraction meets the requirements of the statute, a lawsuit generally cannot be maintained.
This requirement is intended to prevent defamation litigation before it begins, by incentivizing a more expedient and less expensive means for plaintiffs to vindicate their reputations. The opening section of the law makes the Washington legislature’s intent perfectly clear:
The correction or clarification of a published statement may restore a person’s reputation more quickly and more thoroughly than a victorious lawsuit. The salutary effect of a correction or clarification is enhanced if it is published reasonably soon after a statement is made. RCW 7.96.010.
The UCCDA was first proposed in 1993. To date, only two other states have adopted it in any form. Washington’s version contains several key elements.
First, a person who alleges that he was defamed must make a request for correction within the statute of limitations (two years for defamation in Washington). The law specifies a number of requirements that all such requests for correction must meet. RCW 7.96.040.
Second, the purported victim must, upon request, provide the publisher with evidence that the defamatory statement was false. RCW 7.96.050.
Third, the published retraction must meet a host of requirements, the main one being that the retraction must be published in a manner that reaches substantially the same audience or number of people to whom the original, defamatory statement was published. RCW 7.96.70.
If a timely retraction that meets the requirements of the law is made, the damages available to the plaintiff diminish to the point that litigation is no longer cost effective. RCW 7.96.060.
In addition, if the time to publish a retraction has passed, a defendant can still avoid litigation by offering, in writing, to retract the defamatory statement. However, the defendant may then become liable to pay the plaintiff his or her attorney fees and costs incurred up to that point. RCW 7.96.090.
If litigation moves forward despite a published retraction, the defendant can rely on the retraction for his defense, provided that the plaintiff is notified of the retraction within sixty days of service, or within ten days after the correction is made. RCW 7.96.080(1). If a plaintiff believes that a retraction was inadequate, they must apply to the court by motion for a declaration that the retraction is inadequate (or was untimely served) within sixty days of service. RCW 7.96.080(2).
As you may have guessed, the UCCDA’s requirements are conducive to pre-litigation negotiations between lawyers. Handled properly, these requirements really do incentivize prompt settlements.
Although we believe in monetary compensation for unfair suffering, as a defamation law firm, vindicating reputation is our primary objective. Plaintiffs eager to be paid damages awards may view the retraction requirement as an easy way out for defendants. But in our view, a sufficient retraction can be more valuable than money damages. This is because, in our experience practicing defamation law, a retraction is harder to obtain than any other form of compensation—except in Washington state, where the UCCDA incentivizes retractions when defamation has occurred.
If you have a defamation matter in New Mexico or Washington state, contact LATE NIGHT LAW, or call for a free initial consultation at (505) 225-2623.
This article is not legal advice, and does not create an attorney-client relationship between the reader and Late Night Law. Please consult an attorney for individualized advice if you have a legal matter.