What is defamation?
Defamation means communicating false information about someone that harms his or her reputation.
Defamatory statements can be written or oral.
Here are some common examples of defamatory statements:
- The defendant falsely alleges that you have committed a serious crime
- The defendant falsely alleged that you have a sexually transmitted disease
- The defendant falsely claims that you are morally unchaste or sexually promiscuous
- The defendant falsely claims you are engaged in illegal or morally corrupt business practices
How do you prove defamation in Washington?
To prove defamation, you must prove that the defendant knowingly or recklessly published a false statement of fact that causes damages.
To qualify as “publication,” the defendant must have communicated the defamatory statement to at least one third-party, either orally or in writing.
Example #1: John Smith posts on Facebook that you are a sex offender, knowing that you are not a sex offender. This is defamation.
Example #2: John Smith sends you a text message accusing you of being a sex offender. This is not defamation.
Can a court find you liable for defaming a public figure?
In Washington, whether the plaintiff is a public or a private figure is a key issue in a defamation case.
If the plaintiff is a public figure and you are making statements about the public figure's public duties, then the party must prove that you acted with actual malice. Actual malice means you knowingly made a false statement or made a false statement with reckless disregard for the truth.
Example: You post online that former President Joe Biden was one of the worst presidents in history.
Assuming you believe this to be true, a court will not likely find you liable for defamation. You made a statement you believed to be true, and the statement concerned his public duties.
What are defenses to a defamation claim in Washington?
Truth is a primary defense to a defamation claim. So long as your statement is true, no one can file a legitimate defamation claim against you. Truth is a complete defense.
Example: You put up flyers across your neighborhood alerting everyone that a new homeowner is a sex offender. You include details about his conviction and the details of the crime, all based on public records. You cannot be liable for defamation.