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Bill > H7206


RI H7206

RI H7206
Grants an affirmative defense for certain privileged communications, including communications made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination.


summary

Introduced
01/21/2026
In Committee
01/21/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

This act would grant an affirmative defense for certain privileged communications, including communications made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination and would specify the attorneys' fees and damages available to a prevailing defendant in any defamation action brought against that defendant for making that communication. This act would take effect upon passage.

AI Summary

This bill establishes a new legal protection, an "affirmative defense," for individuals who communicate about incidents of sexual assault, harassment, or discrimination, provided these communications are made without malice or gross negligence. This means if someone sues for defamation (harm to their reputation through false statements) based on such a communication, the person who made the statement can use this new defense to avoid liability. The bill clarifies that "communication" includes factual information about various forms of sexual assault, harassment, and discrimination, including workplace issues, housing discrimination, cyberbullying, and issues within higher education institutions, as long as the individual making the statement had a reasonable basis to believe a complaint could be filed, regardless of whether a complaint was actually filed. Furthermore, if a defendant successfully uses this affirmative defense in a defamation lawsuit, they are entitled to recover their reasonable attorneys' fees and costs, and potentially treble damages for harm caused by the lawsuit itself, offering significant protection to those who speak out about these sensitive issues.

Committee Categories

Justice

Sponsors (9)

Last Action

Committee recommended measure be held for further study (on 03/12/2026)

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