What defenses are available to those charged with defamation?

In Washington, those charged with defamation may raise a number of defenses. Primarily, they may argue the truth of what they said. If they had accurate information, the lawsuit may be thrown out. If a statement would not be seen as damaging in the eyes of a reasonable person, then a successful defense may be established. It is also critical to make sure the words alleged as defamatory are not protected by the First Amendment. In addition, Washington also allows for privileged communications to be used as a defense. If the person claiming defamation was speaking to the media, the government, or medical professionals, this could be seen as privileged and protected from a defamation lawsuit. Finally, those charged with defamation may use the defense of consent, meaning the person accusing the defendant of defamation gave permission for the statement to be made. An example of this would be if someone signed a release form allowing someone to quote them in an article. In Washington, the most effective defenses to defamation are truth, privilege, and consent. Those charged with defamation should seek legal counsel to determine which defense may work best in their case.

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