The bill amends Chapter 9-1 of the General Laws by adding a new section, 9-1-55, which establishes limitations on actions based on defamation related to sexual assault, harassment, or discrimination. It provides that individuals who make a communication regarding such incidents, and can prove that their communication was made without malice or gross negligence, will have an affirmative defense against civil liability in defamation actions. The bill defines "communication" to include factual information about various forms of sexual assault, harassment, and discrimination, as well as retaliation against individuals who report these incidents.
Additionally, the bill stipulates that a prevailing defendant in a defamation action, who successfully uses the affirmative defense, is entitled to recover reasonable attorneys' fees and costs, as well as treble damages for any harm caused by the defamation action. This provision aims to protect individuals who report or discuss incidents of sexual misconduct while also providing a mechanism for defendants to seek compensation for wrongful defamation claims. The act will take effect upon passage.