Defamation is a false statement of fact that (1) is published; (2) damages or injures the reputation of another party; and (3) is made without legal excuse (defense or privilege). Defamation may be in the form of a written statement (libel) or a spoken statement (slander) and is a tort or legal wrong that may create civil liability (for money damages) for a person who makes a defamatory statement that is not privileged (e.g., made during a judicial proceeding) and for which there is no defense (such as truth or retraction).
To be actionable and subject the person making the statement to liability the statement must be published to a third party. In other words, a written or spoken statement made from one person to another that is not read or heard by a third person (or could not have been reasonably expected by the person making the statement to be read or heard by a third person) is not published and is not defamation.
In Washington State, defamation is recognized as a legal wrong that can lead to civil liability. Defamation involves a false statement of fact that is published, injures another party's reputation, and is made without a legal defense or privilege. The state acknowledges two forms of defamation: libel, which is written, and slander, which is spoken. For a defamation claim to be actionable, the statement must be communicated to a third party; a private exchange between two individuals that is not exposed to others does not constitute publication and, therefore, is not considered defamation. Defamation law in Washington requires that the plaintiff prove the statement was false, damaging, and made without privilege or applicable defense, such as truth or retraction. Washington law also recognizes certain statements made in specific contexts, such as during judicial proceedings, to be privileged and thus immune from defamation claims.