gender transition procedures; informed consent

Plain English Breakdown

The bill passed both chambers but reached final enrollment; however, the last action listed is 'House third read failed' on 2026-05-05. This creates uncertainty about whether the bill actually became law or if it was defeated in a later vote not fully detailed here.

SB1099: New Rules for Defamation Lawsuits

This bill sets specific rules that a person must meet to win a lawsuit claiming someone made false and harmful statements about them, depending on whether the victim is private or public.

What This Bill Does

• Creates three different lists of requirements for proving defamation based on whether the plaintiff is a private or public figure and if the topic is of private or public concern.
• Requires plaintiffs to prove that any statement they are suing over can be shown as false and was meant as fact, not just an opinion or exaggeration.
• Sets a one-year time limit for starting lawsuits about online statements after the person who posted them removes the content from the internet site or platform.
• Defines what counts as an 'internet-based platform,' including digital services that help users interact, social media, content sharing services, and cloud-based services.

Who It Names or Affects

• People who want to file a lawsuit claiming they were defamed by false statements.
• Individuals or groups accused of making harmful statements about others in Arizona courts.
• Owners and operators of internet sites where users can post content, as the law sets time limits for lawsuits involving their platforms.

Terms To Know

Defamation

A false statement that hurts a person's reputation or causes others to think less of them.

Private figure

An ordinary citizen who is not well-known in the public eye, such as an average resident without fame or political power.

Public concern

A topic that involves issues affecting the community or society at large, rather than just personal matters between individuals.

Limits and Unknowns

• The bill text does not explain how courts will decide if a specific statement is 'rhetorical hyperbole' versus an actual fact.
• The law sets the time limit for online lawsuits based on when content is removed, but it does not specify what happens if the person never removes the post.

Official Summary Text

SB1099 - 572R - Senate Fact Sheet

Assigned to
JUDE������������������������������������������������������������������������������������������������������������ AS
PASSED BY COW

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1099

gender
transition procedures; informed consent

(
NOW: defamation; elements; review
)

Purpose

����������� Establishes
statutory criteria for determining when a person commits an act of defamation.

Background

����������� The
owner, licensee or operator of a visual or sound radio broadcasting station, or
affiliated agents and employees, are not liable for damages for a defamatory
statement published or uttered as part of a visual or sound radio broadcast by
someone other than the owner, licensee, operator, agent or employee thereof,
unless it is alleged and proved that the defendant has failed to exercise due
care to prevent publication or utterance of the defamatory statement. Owners,
licensees, operators, agents and employees of a station are likewise not liable
for damages for defamatory statements published or uttered over the station by
or on behalf of a candidate for public office (
A.R.S.
� 12-652
).

����������� Acts
that may constitute defamation are typically prosecuted under state tort law.
In order to establish defamation under Arizona common law, a publication must
be false and must bring the defamed person into disrepute, contempt, or
ridicule, or must impeach the plaintiff's honesty, integrity, virtue or
reputation (
Godbehere v. Phx. Newspapers, Inc.
, 162 Ariz. 335, 341
(1989)).

����������� There is no anticipated fiscal impact
to the state General Fund associated with this legislation.

Provisions

1.

States that a person commits defamation if the plaintiff is a private
figure, the matter is of private concern and the plaintiff shows all of the
following exist:

a)

the
person publishes a statement that is:

i.

provable as false;

ii.

reasonably perceived as stating actual facts about the plaintiff rather
than imaginative expression or rhetorical hyperbole; and

iii.

the person makes the statement with knowledge of its falsity, acts with
reckless disregard of the statement's falsity or negligently fails to ascertain
the statement's falsity; and

b)

the
statement, when examined within the full context in which it was made, injures
the plaintiff's reputation by doing any of the following:

i.

identifying the plaintiff by name;

ii.

including a description of or reference to the plaintiff so that those
who hear or read the statement reasonably understand the plaintiff to be the
subject of the statement; and

iii.

implying a clearly defamatory meaning that, when examined within its
context, causes the average person to perceive a defamatory message.

2.

States that a person commits defamation if the plaintiff is a private
figure, the matter is of public concern and the plaintiff shows all of the
following exist:

a)

the
person publishes a statement that the person knows to be false, acts with
reckless disregard of the statement's falsity or negligently fails to ascertain
the statement's falsity;

b)

the
person publishes a statement that, when examined within the full context in
which it was made, injures the plaintiff's reputation by:

i.

identifying the plaintiff by name;

ii.

including a description of or reference to the plaintiff so that those
who hear or read the statement reasonably understand the plaintiff to be the
subject of the statement; and

iii.

implying a clearly defamatory meaning that, when examined within its
context, causes the average person to perceive a defamatory message; and

c)

the published statement is both
:

i.

provable as false; and

ii.

reasonably perceived as stating actual facts about the plaintiff rather
than imaginative expression or rhetorical hyperbole
.

3.

States that a person commits if the plaintiff is a public figure, the matter
is of public concern and the plaintiff shows all of the following exist:

a)

the
person publishes a statement that the person knows to be false or acts with
reckless disregard of the statement's truth;

b)

the
person publishes a statement that, when examined within the full context in
which it was made, injures the plaintiff's reputation by:

i.

identifying the plaintiff by name;

ii.

including a description of or reference to the plaintiff so that those
who hear or read the statement reasonably understand the plaintiff to be the
subject of the statement; and

iii.

implying
a clearly defamatory meaning that, when examined within its context, causes the
average person to perceive a defamatory message; and

c)

the
published statement is both:

i.

provable as false; and

ii.

reasonably perceived as stating actual facts about the plaintiff rather
than imaginative expression or rhetorical hyperbole.

4.

Requires a defamation action involving a defamatory statement that is
published on the internet to be commenced within one year of the date the
person removes the defamatory statement from the internet site of internet
-based platform where the person originally published the defamatory statement.

5.

Defines

internet-based platform
as a:

a)

digital
service that facilitates user interaction, content creation or information
exchange;

b)

social
media service;

c)

content
sharing service; or

d)

cloud
based service.

6.

Defines
internet
.

7.

Becomes effective on the general effective date.

Amendments Adopted by
Committee of the Whole

1.

Requires a defamation action involving a defamatory statement that is
published on the internet to be commenced within one year of the date that the
person removes the defamatory statement from the internet site or
internet-based platform where the person originally published the defamatory
statement.

2.

Defines

internet-based platform
as a:

a) digital service that facilitates
user interaction, content creation or information exchange;

b) social media service;

c) content sharing service; or

d)
cloud-based service.

3.

Removes the specification that a plaintiff's showing in certain
defamation cases is subject to appellate review.

4.

Makes technical changes.

Senate Action

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Prepared by Senate Research

February 26, 2026

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Current Bill Text

SB1099 - 572R - H Ver

House Engrossed
Senate Bill

gender
transition procedures; informed consent

(now: defamation;
elements)

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1099

AN
ACT

Amending title 12, chapter 6, article 6,
Arizona Revised Statutes, by adding section 12-651.01; relating to civil
actions.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 6, article 6,
Arizona Revised Statutes, is amended by adding section 12-651.01, to read:

START_STATUTE
12-651.01.

Defamation; statute of limitations; definitions

A. A person commits defamation if the
plaintiff is a private figure
, the matter is of private
concern and the plaintiff shows all of the following exist:

1. The person publishes a statement
that is:

(
a
) Provable as
false.

(
b
) Reasonably
perceived as stating actual facts about the plaintiff rather than imaginative
expression or rhetorical hyperbole.

2.

The person
makes the statement with knowledge of its falsity, acts with reckless disregard
of the statement's falsity or negligently fails to ascertain the statement's
falsity.

3.

The
statement, when examined within the full context in which it was made, injures
the plaintiff's reputation by doing any of the following:

(
a
) Identifying
the plaintiff by name.

(
b
) Including a
description of or reference to the plaintiff so that those who hear or read the
statement reasonably understand the plaintiff to be the subject of the
statement.

(
c
) Implying a
clearly defamatory meaning that, when examined within its context, causes the
average person to PERCEIVE a defamatory message.

B. A person commits defamation if the
plaintiff is a private figure
, the matter is of public
concern and the plaintiff shows all of the following exist:

1. The person publishes a statement
that the person knows to be false, acts with reckless disregard of the
statement's falsity or negligently fails to ascertain the statement's falsity.

2. The person publishes a statement
that, when examined within the full context in which it was made, injures the
plaintiff's reputation by doing any of the following:

(
a
) Identifying
the plaintiff by name.

(
b
) Including a
description of or reference to the plaintiff so that those who hear or read the
statement reasonably understand the plaintiff to be the subject of the
statement.

(
c
) Implying a
clearly defamatory meaning that, when examined within its context, causes the
average person to PERCEIVE a defamatory message.

3. The published statement is both:

(
a
) Provable as
false.

(
b
) Reasonably
perceived as stating actual facts about the plaintiff rather than imaginative
expression or rhetorical hyperbole.

C. A person commits defamation if the
plaintiff is a public figure
, the matter is of public
concern and the plaintiff shows all of the following exist:

1. The person publishes a statement
that the person knows to be false or acts with reckless disregard of
the statement's truth.

2. The person publishes a statement
that, when examined within the full context in which it was made, injures the
plaintiff's reputation by:

(
a
) Identifying
the plaintiff by name.

(
b
) Including a
description of or reference to the plaintiff so that those who hear or read the
STATEMENT reasonably understand the plaintiff to be the subject of the
statement.

(
c
) Implying a
clearly defamatory meaning that, when examined within its context, causes the
average person to PERCEIVE a defamatory message.

3. The statement is both:

(
a
) Provable as
false.

(
b
) Reasonably
perceived as stating actual facts about the plaintiff rather than imaginative
expression or rhetorical hyperbole.

D. A defamation action under this
section involving a defamatory statement that is published on the internet
shall be commenced within one year from the date the person removes the
defamatory statement from the internet site or internet-based platform
where the person originally published the defamatory statement. A
statement that is published on the internet is considered republished each day
that the statement remains on the internet.

E. FOr the purposes of this
subsection:

1. "internet" has the same
meaning prescribed in section 18-501.

2. "Internet-based
platform" includes:

(
a
) A digital
service that facilitates user interaction, content creation or information
exchange.

(
b
) A social
media service.

(
c
) A content
sharing service.

(
d
) A cloud
based service.
END_STATUTE