Is defamation a criminal offense?

No, defamation is not a criminal offense in Washington. Defamation is a civil wrong, which means individuals may file a lawsuit against another party for damages. Defamation is generally defined as making a false statement about another person or organization which affects the reputation of the subject. In Washington, a person may file a civil lawsuit for defamation in order to receive compensatory damages, including damages for loss of reputation, mental anguish and humiliation, and punitive damages. Generally, the plaintiff must prove four elements in order to prevail in a defamation case: the defendant made a false statement, that the statement was published to a third party, the statement was defamatory in nature, and that the statement caused harm to the plaintiff. Additionally, Washington law requires plaintiffs to prove that the defendant acted with "actual malice," meaning that the defendant had knowledge that the statement was false or they acted with a reckless disregard of the truth. Defamation may also be a criminal offense in other states, but this is not the case in Washington. As such, those who have been wrongfully accused of defamation in Washington can only pursue damages through a civil lawsuit.

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