How do you determine the difference between a “public concern” and a “private concern” in a defamation lawsuit?

In Washington, any defamation lawsuit must first establish that the statements made are not statements of public concern. This means that a public concern involves facts or matters of public interest such as government conduct, political candidates, public figures, and any other issue that affects or interests the public. A private concern, however, is something that is not of public interest or importance. This could be a personal issue between two people or a private business transaction. In a defamation lawsuit, the court must decide whether or not the statements that are being challenged are of public or private concern. The court will usually look at the nature of the statements, the context in which they were made, the motivation for making the statement, and the extent to which the statement was disseminated to the public in order to make this determination. If the court finds that the statement is of private concern, the subject of the statement may be able to prove defamation. The court will also take into account any defenses the defendant may have. For example, if the statement is true, then a different standard might be applied to determine whether or not the statement is of public or private concern. If the defendant can prove that the statement was made in good faith and that there was no malice involved, it could be seen as a statement of public concern. Ultimately, it is up to the court to decide whether or not the statement is of public or private concern in a defamation lawsuit. This decision is based on the facts and circumstances of each case.

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How do you determine the difference between a “public concern” and a “private concern” in a defamation lawsuit?

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