RCW 7.96.010 Intent. Since the United States supreme court recognized the First Amendment limitations on the common law tort of defamation and defamation-like torts, courts have struggled to achieve a balance between constitutionally protected guarantees of free expression and the need to protect citizens from reputational harm. Unlike personal injuries, harm to reputation can often […]
RCW 7.96.020 Definition of “person.” The definition in this section applies throughout this chapter unless the context clearly requires otherwise. “Person” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity. The term does not include a government or governmental subdivision, agency, or instrumentality. [ 2013 c […]
RCW 7.96.030 Scope. (1) This chapter applies to any claim for relief, however characterized, for damages arising out of harm caused by the false content of a publication that is published on or after July 28, 2013. (2) This chapter applies to all publications, including writings, broadcasts, oral communications, electronic transmissions, or other forms of […]
RCW 7.96.040 Request for correction or clarification. (1) A person may maintain an action for defamation or another claim covered by this chapter only if: (a) The person has made a timely and adequate request for correction or clarification from the defendant; or (b) The defendant has made a correction or clarification. (2) A request […]
RCW 7.96.050 Disclosure of evidence of falsity. (1) A person who has been requested to make a correction or clarification may ask the requester to disclose reasonably available information material to the falsity of the allegedly defamatory or otherwise actionable statement. (2) If a correction or clarification is not made, a person who unreasonably fails […]
RCW 7.96.060 Effect of correction or clarification. If a timely and sufficient correction or clarification is made, a person may not recover damages for injury to reputation or presumed damages; however, the person may recover all other damages permitted by law. [ 2013 c 294 § 6.]
RCW 7.96.070 Timelines and sufficiency of correction or clarification. (1) A correction or clarification is timely if it is published before, or within thirty days after, receipt of a request for correction or clarification or of the information in RCW 7.96.050(1), whichever is later, unless the period is extended by written agreement of the parties. […]
RCW 7.96.080 Challenges to correction or clarification or to request for correction or clarification. (1) If a defendant in an action governed by this chapter intends to rely on a timely and sufficient correction or clarification, the defendant’s intention to do so, and the correction or clarification relied upon, must be set forth in a […]
RCW 7.96.090 Offer to correct or clarify. (1) If a timely correction or clarification is no longer possible, the publisher of an alleged defamatory or otherwise actionable statement may offer, at any time before trial, to make a correction or clarification. The offer must be made in writing to the person allegedly harmed by the […]
RCW 7.96.100 Scope of protection. A timely and sufficient correction or clarification made by a person responsible for a publication constitutes a correction or clarification made by all persons responsible for that publication other than a republisher. However, a correction or clarification that is sufficient only because of the operation of RCW 7.96.070(2)(b)(iii) does not […]
RCW 7.96.900 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [ 2013 c 294 § 11.]
RCW 7.96.901 Short title. This chapter may be known and cited as the uniform correction or clarification of defamation act. [ 2013 c 294 § 12.]
