This bill introduces Chapter 507-I, titled "Anti-SLAPP Substantive Immunity," to the New Hampshire Revised Statutes, aimed at protecting individuals and organizations from strategic lawsuits against public participation (anti-SLAPP). It grants qualified immunity to defendants in legal actions that infringe upon their First Amendment rights, allowing them to file a special motion to dismiss claims based on their exercise of free speech or petition rights. The bill specifies that if a defendant successfully invokes this immunity, they can recover all actual costs, disbursements, and reasonable attorneys' fees incurred in their defense. Notably, government entities and employees acting in their official capacity are excluded from this immunity, although the law can still be applied against them.

Additionally, the bill enhances protections against SLAPP by requiring specificity in discovery motions, with failure to comply resulting in denial and the awarding of attorneys' fees to the non-moving party. It establishes a separate cause of action for individuals aggrieved by SLAPP suits, allowing them to recover costs and fees if they successfully invoke the anti-SLAPP statute. Furthermore, if a New Hampshire citizen is sued in another jurisdiction and invokes anti-SLAPP protections, they may pursue a claim against the plaintiff in that jurisdiction under certain conditions, with potential statutory damages ranging from $10,000 to $100,000. The provisions of this chapter will apply retroactively to all pending actions in New Hampshire and, where permissible, to actions in federal courts and foreign jurisdictions, with the act set to take effect on January 1, 2026.