A Washington Defamation Lawyer is Ready to Fight for Your Reputation

Defamation can have a devastating impact on your personal and professional life. It can destroy your reputation, your business, and your relationships. Understanding how Washington defamation law works can help you protect your rights. Partnering with a Washington defamation lawyer can help you reclaim your good name. Find out more at Late Night Law.

Things to Know About Washington Defamation Law

In the State of Washington, defamation is defined as a false statement that injures a person’s reputation. The legal elements required to sustain a claim for defamation in Washington are:

• A false statement about a person
• Made (or “published”) to a third party
• Without legal privilege
• That is actionable or causes damages
• If the victim is a public figure the defamation must be made with “actual malice”
• If the victim is a private citizen, the defamation must at least be negligently false

Truth Is Always a Defense

To be defamatory, a statement must be false. Truth is always a defense against allegations of defamation. If the defendant in a defamation case can prove that their statements were true, there is no liability for defamation, and you will lose your case.

Public Figures Are Held to a Higher Standard of Proof

In defamation cases where the plaintiff is a public figure, it must be shown that the defamation was made with actual malice, meaning, while knowing that the statement was false, or with reckless disregard for the truth. There are two types of public figure: general public figures, and limited public figures. General public figures are household-name celebrities and public officials (including elected officials and most political appointees). A limited public figure is an individual who “voluntarily injects himself or is drawn into a particular public controversy and thereby becomes a public figure for a limited range of issues.” See Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974). Under Washington defamation law, not just anyone who is in the news is considered a limited public figure. “A person is not considered a public figure solely because he or she has sought relief through the courts or is involved in a controversy which is newsworthy. To be considered a public figure, courts usually require the plaintiff to voluntarily seek to influence the resolution of public issues.” See Camer v. Seattle Post-Intelligencer, 45 Wash. App. 29 (1986). If a court determines that you are a public figure, you must show actual malice in order to prove defamation. Private individuals, however, are not required to prove actual malice, and may sustain a claim for defamation by showing merely that the defamatory statement was made negligently. See Taskett v. KING Broad. Co., 86 Wash. 2d 439 (1976).

Washington Defamation Law Does Not Allow Punitive Damage Awards

Actual damages are the amounts awarded to compensate plaintiffs for the actual losses they have suffered due to a defendant’s misconduct. In addition to compensation for a plaintiff’s actual losses, punitive damages may be awarded to punish a defendant and deter further misconduct. However, under Washington law, punitive damages are generally not recoverable unless expressly authorized by statute. See Dailey v. N. Coast Life Ins. Co., 129 Wash. 2d 572 (1996). Because there is no statute authorizing punitive damages for defamation under Washington state law, defamation plaintiffs may not recover punitive damages in Washington. See Taskett v. KING Broad. Co., 86 Wash. 2d 439 (1976).

Defamation “Per Se” Is Defined Broadly Under Washington Law

Like most states, Washington defamation law recognizes the distinction between defamation per se and defamation per quod. Defamation classified as per quod is defamation that is not considered to be intrinsically damaging, so that extrinsic facts must be shown to prove that it caused damages. Defamation per se, on the other hand, is actionable without proof of harm, because some types of false statement are considered intrinsically damaging, such that injury is presumed. The courts of Washington often refer to defamation per se as “presumed damages.” Traditionally, in most states, the types of defamation considered “per se,” where damages are presumed, include false allegations of: (1) a criminal offense, (2) professional incompetence or misconduct, (3) having a communicable disease, or (4) sexual promiscuity or impotence. However, Washington law defines defamation per se more broadly that other states do. In Washington defamation cases, “damages may be presumed upon a finding of actual malice.” See Taskett v. KING Broad. Co., 86 Wash. 2d 439 (1976). While this means that damages cannot be presumed when the defamation was merely negligent, it also means that in any case where intentional or reckless defamation (i.e., “actual malice”) is proven, damages can be presumed.

Other Washington Defamation Law Issues To Keep In Mind

Consulting with a Washington defamation lawyer can help you understand your options. Here are a few more issues worth keeping in mind about Washington defamation law:

Statute of Limitations

The statute of limitations for defamation in Washington is two years from the date the defamatory statement was published, RCW 4.16.100, or from the date that the plaintiff, through the exercise of due diligence, should have discovered the defamation. “The discovery rule will postpone the running of a statute of limitations only until the time when a plaintiff, through the exercise of due diligence, should have discovered the basis for the cause of action. A cause of action will accrue on that date even if actual discovery did not occur until later.” See Allen v. State, 118 Wash. 2d 753 (1992).

Statements Made in Official Proceedings Are Privileged

Defamatory statements made by lawyers, their clients, and witnesses during court cases are generally privileged against defamation liability, and cannot form the basis of a lawsuit. See McNeal v. Allen, 95 Wash.2d 265 (1980). The same is true of statements made by parties and their attorneys outside of those proceedings, if the defamatory statements are pertinent to the proceedings themselves. See Demopolis v. Peoples Nat. Bank of Washington, 59 Wash. App. 105. The privilege also applies in “quasi-judicial” proceedings such as administrative and legislative hearings, Story v. Shelter Bay Co., 52 Wash. App. 334 (1988), and also extends to state officials speaking in their official capacities. See Gold Seal Chinchillas, Inc. v. State, 69 Wash.2d 828 (1966).

Washington Defamation Law Provides anti-SLAPP Protection

Washington has adopted the Uniform Public Expression Protection Act. RCW 4.105.010 et seq. The UPEPA is designed to prevent abusive litigation, known as strategic lawsuits against public participation or “SLAPPs,” aimed at silencing free speech. The law applies broadly to suits based on a person’s exercise of speech on matters of public concern, and also applies to lawsuits based on a person’s communications in a public meeting before a government body, and to communications on an issue under consideration by a government body. While the UPEPA does not prevent defamation suits and defamation liability, it allows defendants to bring a special motion to dismiss within sixty days after the claim is brought, provided that 14 days’ notice is provided to the plaintiff to withdraw or amend the complaint. If a defendant’s motion establishes that their speech is covered by the UPEPA’s scope, and plaintiffs fail to establish otherwise, not only will the case be dismissed but the plaintiff will be liable for the defendant’s attorney fees. However, a plaintiff who defeats such a motion is entitled to have its attorney fees paid by the defendant who brought the motion. If the motion is denied, a defendant may appeal within 21 days.

Defendants Must Be Given a Chance to Correct a Defamatory Publication

Washington has also adopted the Uniform Correction or Clarification of Defamation Act (“UCCDA”), in order to “provide strong incentives for individuals to promptly correct or clarify an alleged false statement as an alternative to costly litigation.” RCW 7.96.010 et seq. Under this law, a person who is the subject of a defamatory publication must make a timely and adequate request for correction or clarification from the defendant. The request must be in writing, it must identify both the person making the request, the statement that is alleged to be defamatory, the time and place of publication, and provide notice of why the statement is defamatory. Serving a summons and complaint can function as notice under the statute as long as the complaint contains the required information. Once a person receives this notice, they have 30 days to make a correction or clarification. To be sufficient, the correction must be published with a prominence and in a manner and medium reasonably likely to reach substantially the same audience as the publication complained of, identify the statement being corrected, and be provided to the person who requested it, prior to publication.

How a Washington Defamation Lawyer Can Help You

Partnering with a Washington defamation lawyer can help to safeguard your reputation. The role of a Washington defamation attorney may include:

• Free Initial Consultation. We offer a free initial consultation to potential clients. While an initial consultation alone does not create an attorney-client relationship, as a potential client, your initial consultation is confidential and privileged. This helps us get a sense of your situation, and we can give you a sense of what your options may be.
• Assessing Evidence. If it appears that your matter is something we can help with, we next assess the evidence you provide us, to determine whether the statements being made about you qualify as defamation under Washington law. Such evidence may include screenshots and web pages, social media posts, news articles, witness statements, or audio recordings.
• Reviewing Your Options. Typically, your options may include civil litigation, cease-and-desist letters, settlement demand letters, pre-litigation negotiation and mediation, or content removal requests to social media platforms and news outlets. We tailor our approach to each individual situation.

Steps to Take if You Are a Victim of Defamation in Washington

If you are a victim of defamation in New Mexico and believe that statements being made about you are false and damaging to your reputation, it is important to be proactive. Here are some of the steps to take to safeguard your rights:

• Act Quickly. While Washington has a two-year statute of limitations for defamation, it is usually better to act soon, and consult a defamation attorney.
• Keep Records. Collect all relevant evidence of the defamation. You should also keep records of any financial or career-related impact that the defamation has caused.
• Contact a Washington defamation lawyer. A Washington defamation lawyer can help you understand the law and assess your options.
• Evaluate the impact the defamatory statements have had on your life. It is important to evaluate the impact of defamatory statements, as this can help the attorneys to understand your case and formulate an appropriate strategy.

Contact a Defamation Lawyer in Washington State to Protect Your Reputation

If you are facing a tarnished reputation or hardship due to statements made about you, you are not alone. A defamation attorney at Late Night Law can help you protect your rights and reputation. Contact us today for a free 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.