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H 7206Civil Procedure

Courts and Civil Procedure - Procedure Generally - Causes of Action

This bill protects victims of harassment and discrimination from defamation lawsuits when they truthfully report or speak about their experiences.

Held for study
Population
Affected
35
Email Legislator
Introduced Jan 21, 2026Committee House Judiciary

Plain-English Summary

This legislation creates a legal protection, known as an affirmative defense, for individuals who are sued for defamation after speaking out about incidents of sexual assault, harassment, or discrimination. If the individual shares factual information about these incidents without malice or gross negligence, they can use this defense in court. If they are sued and successfully use this defense, the person who sued them must pay their attorney fees and triple the amount of damages caused by the lawsuit. The bill applies to various settings, including workplaces, housing, and schools.

For younger readers

Sometimes, when a person speaks up about being bullied or treated unfairly, the person who was mean to them might try to get them in trouble by suing them in court for "telling lies." This new rule helps protect the person who spoke up. If the judge sees that the person was telling the truth and wasn't trying to be mean on purpose, the person who sued them will have to pay for the lawyers and pay extra money as a punishment. This helps people feel safe to tell the truth about bad things that happen to them.

Who & Where It Applies

Impacted groups
Victims of sexual assault and harassmentBusiness owners and EmployersLandlords and Property OwnersCivil litigation attorneysHigher education institutions
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Empowers survivors of sexual assault and discrimination to speak out against their abusers without fear of retaliatory "SLAPP" lawsuits (Strategic Lawsuits Against Public Participation) designed to silence them through financial intimidation.
  • Strengthens the social safety net for marginalized groups by mandating that abusers pay treble damages and legal fees if they attempt to weaponize the court system against victims, thereby addressing economic power imbalances.
  • Broadens protections beyond just sexual assault to include workplace discrimination, housing discrimination, and cyberbullying, ensuring comprehensive coverage for various forms of systemic abuse.
  • The requirement that a victim must prove they acted "without malice or gross negligence" places a burden of proof on the survivor that could still be exploited by wealthy litigants to drag out court proceedings.
  • Limiting the protection to those with a "reasonable basis" to file a complaint may unintentionally exclude victims whose experiences were traumatic but may lack the specific evidence required to meet a legal evidentiary standard.
  • Focuses entirely on civil liability and financial retribution rather than providing direct funding for counseling, restorative justice programs, or systemic changes to prevent the harassment in the first place.
For Conservatives
  • Protects the fundamental right to free speech by ensuring individuals are not financially ruined by the legal system for sharing factual information about their own experiences.
  • Discourages the filing of frivolous defamation lawsuits that clog the court system, thereby promoting judicial efficiency and reducing waste of legal resources.
  • Includes a "reasonable basis" requirement, ensuring that the law does not grant immunity to individuals who make completely baseless or fabricated accusations without any grounding in reality.
  • Undermines the presumption of innocence and due process by allowing individuals to publicly accuse business owners or individuals of serious crimes without proving guilt in a court of law, potentially destroying reputations and businesses.
  • The imposition of treble (triple) damages is an excessive punitive measure that could bankrupt small business owners or individuals who legitimately believe they are defending their reputation against false claims.
  • Could lead to a "trial by public opinion" culture where businesses are damaged by unverified allegations, bypassing the traditional legal structures designed to determine truth and liability.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 30 additions

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

(a) An individual making a communication regarding an incident of sexual assault, harassment, or discrimination, upon proof the communication was made without malice or gross negligence, shall have an affirmative defense to civil liability in any action for defamation.

(b) For the purposes of this section, "communication" means factual information related to an incident of sexual assault, harassment, or discrimination experienced by the individual making the communication, including, but not limited to, any of the following:

(1) An act of sexual assault;

(2) An act of sexual harassment;

(3) An act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, aiding, abetting, inciting, compelling, or coercing an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing workplace harassment or discrimination as defined in § 28-51-1;

(4) An act of harassment or discrimination, or an act of retaliation against a person for reporting harassment or discrimination, by the owner of a housing accommodation, as described in chapter 37 of title 34;

(5) An act of harassment or discrimination, or an act of retaliation against a person for reporting harassment or discrimination, based on employment or housing or racial discrimination;

(6) An act of cyber sexual bullying, as defined in § 16-21-34; or

(7) An act of sexual harassment in an institution of higher education described in chapters 76 and 76.1 of title 16.

(c) A prevailing defendant in any defamation action brought against that defendant for making a communication in which the defendant prevails upon the affirmative defense provided pursuant to subsection (a) of this section shall be entitled to their reasonable attorneys' fees and costs for successfully defending the litigation, plus treble damages for any harm caused to the defendant by the defamation action in addition to any other relief otherwise permitted by law.

(d) This section shall only apply to an individual that has, or at any time had, a reasonable basis to file a complaint of sexual assault, harassment, or discrimination, whether the complaint is, or was, filed or not.

SECTION 2. This act shall take effect upon passage.