AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION (Grants an affirmative defense for certain privileged communications, including communications made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination.)

H7206

2026 -- H 7206
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LC003886
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
CAUSES OF ACTION

Introduced By:
Representatives Casimiro, Craven, McEntee, Giraldo, Donovan, Spears,
Read, Shallcross Smith, and Potter

Date Introduced:
January 21, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby
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amended by adding thereto the following section:
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9-1-55. Limitations on actions based on defamation relating to sexual assault,
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harassment or discrimination.

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(a) An individual making a communication regarding an incident of sexual assault,
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harassment, or discrimination, upon proof the communication was made without malice or gross
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negligence, shall have an affirmative defense to civil liability in any action for defamation.
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(b) For the purposes of this section, "communication" means factual information related to
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an incident of sexual assault, harassment, or discrimination experienced by the individual making
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the communication, including, but not limited to, any of the following:
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(1) An act of sexual assault;
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(2) An act of sexual harassment;
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(3) An act of workplace harassment or discrimination, failure to prevent an act of
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workplace harassment or discrimination, aiding, abetting, inciting, compelling, or coercing an act
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of workplace harassment or discrimination, or an act of retaliation against a person for reporting or
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opposing workplace harassment or discrimination as defined in § 28-51-1;
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(4) An act of harassment or discrimination, or an act of retaliation against a person for
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reporting harassment or discrimination, by the owner of a housing accommodation, as described in

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chapter 37 of title 34;
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(5) An act of harassment or discrimination, or an act of retaliation against a person for
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reporting harassment or discrimination, based on employment or housing or racial discrimination;
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(6) An act of cyber sexual bullying, as defined in § 16-21-34; or
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(7) An act of sexual harassment in an institution of higher education described in chapters
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76 and 76.1 of title 16.
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(c) A prevailing defendant in any defamation action brought against that defendant for
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making a communication in which the defendant prevails upon the affirmative defense provided
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pursuant to subsection (a) of this section shall be entitled to their reasonable attorneys' fees and
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costs for successfully defending the litigation, plus treble damages for any harm caused to the
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defendant by the defamation action in addition to any other relief otherwise permitted by law.
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(d) This section shall only apply to an individual that has, or at any time had, a reasonable
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basis to file a complaint of sexual assault, harassment, or discrimination, whether the complaint is,
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or was, filed or not.
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SECTION 2. This act shall take effect upon passage.
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LC003886
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY --
CAUSES OF ACTION
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This act would grant an affirmative defense for certain privileged communications,
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including communications made by an individual, without malice, regarding an incident of sexual
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assault, harassment, or discrimination and would specify the attorneys' fees and damages available
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to a prevailing defendant in any defamation action brought against that defendant for making that
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communication.
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This act would take effect upon passage.
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LC003886
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