HB148 • 2026

RELATING TO DEFAMATION.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: TARNAS, AMATO, BELATTI, GRANDINETTI, IWAMOTO, MARTEN, PERRUSO, POEPOE, REYES ODA, TAM
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The candidate explanation included specific details about 'protected communication' that were not explicitly detailed in the official source material.

Protecting Individuals Reporting Sexual Misconduct

This bill protects individuals who report sexual misconduct from defamation lawsuits unless the reports were made with malice.

What This Bill Does

Adds a new law that stops individuals from being sued for defamation when they make truthful claims about sexual misconduct.
Defines 'protected communication' as factual information related to incidents of sexual assault, harassment, or discrimination experienced by the person making the report.
Allows people who win a defamation lawsuit because their claims were protected communications to get legal fees and costs covered.

Who It Names or Affects

Individuals who make truthful reports about sexual misconduct
People who might sue others for defamation over such reports

Terms To Know

Defamation: Saying something false that hurts someone's reputation.
Malice: Intentionally doing something harmful or mean-spirited.

Limits and Unknowns

The bill does not specify what happens if a report is found to be made with malice.
It's unclear how this law will affect existing defamation cases.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-01-21 H
Referred to JHA, referral sheet 1
2025-01-16 H
Introduced and Pass First Reading.
2025-01-14 H
Prefiled.

Official Summary Text

RELATING TO DEFAMATION.
Defamation; Litigation; Sexual Assault; Sexual Harassment; Sexual Discrimination; Immunity
Protects individuals who make claims of sexual misconduct from defamation lawsuits unless the claims were proven to be made with malice.

Current Bill Text

Read the full stored bill text

HB148

HOUSE OF REPRESENTATIVES

H.B. NO.

148

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO DEFAMATION
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
The legislature finds that defamation
lawsuits are sometimes brought against individuals who are making truthful
claims about sexual misconduct, which can be used to silence victims.
�
The threat of lawsuits may negatively impact
victims and good-faith reporters attempting to report sexual misconduct.
�
Therefore, providing additional protections
to individuals who make truthful claims about sexual misconduct will create
safer communities for Hawai
ʻ
i's people.

����
Accordingly,
the purpose of this Act is to protect individuals making claims of sexual
misconduct from defamation lawsuits unless the claim is proven to be made with
malice.

����
SECTION
2.
�
Chapter 663, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:

����
"
�663-
�
Defamation limited in cases of sexual
assault, sexual harassment, and sexual discrimination.
�
(a)
�
No individual shall be liable
in damages in any defamation action for making a protected communication
without malice.

����
(b)
�
A prevailing defendant in any
defamation action brought against the defendant for making a protected
communication shall be entitled to reasonable attorneys' fees and costs.

����
(c)
�
For the purposes of this
section, "protected communication" means factual information related
to any incident of sexual assault, sexual harassment, or sexual discrimination,
experienced by the person making the communication, including but not limited
to:

����
(1)
�
Any sexual misconduct offenses
included in part V of chapter 707;

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(2)
�
Any discrimination on the basis of
sex pursuant to section 378-2;

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(3)
�
Any discrimination on the basis of
sex pursuant to section 515-3; and

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(4)
�
Any retaliation for reporting or
opposing sexual assault, sexual harassment, or sexual discrimination.
"

����
SECTION
3.
�
New statutory material is
underscored.

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SECTION 4.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Defamation;
Litigation; Sexual Assault; Sexual Harassment; Sexual Discrimination; Immunity

Description:

Protects
individuals who make claims of sexual misconduct from defamation lawsuits
unless the claims were proven to be made with malice.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.