The proposed bill aims to establish the West Virginia Public Participation Protection Act, which is designed to safeguard individuals' constitutional rights related to free speech, petition, and association, particularly in the context of public concerns. The Act will apply to various forms of communication, including digital and online expressions, consumer reviews, and information gathering for expressive works. It includes specific provisions that allow defendants to file a special motion to dismiss meritless lawsuits intended to suppress public participation, with a structured process for hearings and appeals.

Additionally, the bill outlines the burden of proof for both parties involved in such cases, stipulating that if the moving party demonstrates the applicability of the Act, the responding party must show a likelihood of success on the merits. The legislation also provides for the recovery of attorneys' fees and costs for prevailing parties, as well as potential sanctions for actions deemed to be in bad faith. Furthermore, it includes a severability clause to ensure that if any part of the Act is found invalid, the remaining provisions will still stand.

Statutes affected:
Introduced Version: 55-22-1, 55-22-2, 55-22-3, 55-22-4, 55-22-5, 55-22-6, 55-22-7, 55-22-8, 55-22-9