What are “per se” defamatory statements?

In Washington, “Per Se” defamatory statements are statements that are so obviously damaging that they are taken as innately damaging and no proof of harm is necessary. Put simply, they are statements that are viewed as automatically damaging to one’s reputation. Examples of these kind of statements include claiming someone has committed a crime, contagious disease, or is mentally incompetent. Claims also of immorality, lack of integrity, unprofessional conduct, and incompetence in a trade or profession are also considered per se defamatory statements. In Washington, the person being defamed does not need to prove that the speaker intended harm or that the statement caused them actual harm. To be considered per se defamatory, a statement must be objectively verifiable as false and must cause injury to the person’s reputation. If all of those criteria are met, even if the speaker had no intention to harm, it is considered defamatory. In this state, the person defamed does not need to prove that the statement hurt their reputation in the eyes of the public or that they suffered any actual damages as a result of the statement. The statement is automatically considered damaging. In cases of per se defamation, the speaker may be liable for punitive damages in addition to regular damages.

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What are “per se” defamatory statements?

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