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.
Why Require Defamation Plaintiffs to Demand a Retraction?
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 a retraction is not demanded, 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.
What Form of Retraction is Required?
The UCCDA was first proposed in 1993. To date, only two other states—Texas and North Dakota—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. Primarily, it must be published in a manner that reaches substantially the same audience or the number of people to whom the original, defamatory statement was published. RCW 7.96.70.
How Does a Retraction Affect the Course of a Lawsuit?
If a timely retraction that meets the requirements of the law is made, the damages available to the plaintiff often 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 further 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).
Washington Law Promotes Truth and Efficient Resolution of Defamation Cases
As you can see, the UCCDA’s requirements are conducive to pre-litigation negotiations between lawyers. Handled properly, these requirements really do incentivize prompt settlements and reduce litigation.
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 a retraction is often more difficult to obtain than any other form of compensation.
Late Night Law® is a dedicated defamation, privacy and social media law firm. If you are the target of doxxing, defamation or cyberstalking in New Mexico, in Washington, or in Texas, contact us at (505) 225-2623 to schedule a free consultation with a defamation attorney today.
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.
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