This bill introduces Chapter 507-I, titled "Anti-SLAPP Substantive Immunity," to the New Hampshire Revised Statutes, aimed at safeguarding individuals and organizations from strategic lawsuits against public participation (SLAPP). It grants qualified immunity to defendants in legal actions that infringe upon their First Amendment rights, allowing them to invoke this immunity through a special motion to dismiss if the claims relate to freedom of speech or petition on public matters. The bill specifies that this immunity can be raised at any time, provided the defendant has not substantially litigated the case prior to invoking it. Additionally, if a defendant successfully invokes this immunity, they are entitled to recover actual costs, disbursements, and reasonable attorneys' fees incurred in their defense.

The legislation also modifies existing laws by requiring parties seeking discovery to provide specific details about the requested information, with the potential for attorneys' fees to be awarded to the non-moving party if the motion lacks specificity. It establishes a separate cause of action for individuals aggrieved by SLAPP suits, allowing them to recover costs and fees upon successfully invoking the anti-SLAPP statute. Furthermore, if a New Hampshire citizen is sued in another jurisdiction that does not recognize anti-SLAPP protections, they may still pursue a claim for damages if they prevail in that action, with statutory damages ranging from $10,000 to $100,000. The provisions of this chapter will apply retroactively to all actions pending in New Hampshire as of January 1, 2026, with a fiscal impact estimated to be less than $10,000 for each fiscal year from 2025 to 2028.