S 2603Civil Procedure

Courts and Civil Procedure - Procedure Generally - Causes of Action

Protects victims of harassment or discrimination from defamation lawsuits when they share their stories without malice.

Held for study

Population
Affected

Introduced Feb 13, 2026Committee Senate Judiciary

Plain-English Summary

This legislation creates a legal protection for individuals who speak out about experiencing sexual assault, harassment, or discrimination. If these individuals are sued for defamation because of what they shared, they can use this law as a defense, provided they did not lie on purpose or act recklessly. If the individual successfully defends themselves using this law, the person who sued them is required to pay their legal fees and triple the amount of damages caused by the lawsuit. This applies to various situations, including incidents in the workplace, housing, and educational institutions.

For younger readers

Sometimes, when a person tells others that someone bullied them or treated them unfairly, the bully might try to get them in trouble by suing them in court. This bill helps protect the person who told the story. It says that if they are telling the truth and not trying to be mean on purpose, they cannot be punished by the court. If the bully loses the court case, they have to pay extra money to the person who told the story to help make things right.

Who & Where It Applies

Impacted groups

Victims of Sexual Assault and HarassmentBusiness Owners and EmployersLandlords and Property OwnersAttorneysCollege Students and Administrators

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 their truth without the silencing fear of retaliatory litigation and financial ruin.
Imposes treble damages on those who file frivolous defamation suits, effectively punishing abusers who attempt to weaponize the legal system against victims.
Broadens protections to include housing and workplace discrimination, offering critical support to tenants and workers who are often in vulnerable power dynamics.
The requirement to prove the communication was made "without malice or gross negligence" places a burden of proof on the victim that could still be difficult and costly to navigate in court.
Does not provide upfront funding for legal counsel, meaning low-income victims may still struggle to hire a lawyer to assert this affirmative defense.
The "reasonable basis" standard could be interpreted strictly by conservative judges, potentially leaving some victims without protection if they lacked "perfect" evidence.

For Conservatives

Discourages the filing of frivolous lawsuits, which helps unclog the court system and reduces the burden on judicial resources.
Protects individuals who legitimately report misconduct within institutions, ensuring that corruption or illegal behavior is not hidden behind threats of litigation.
Maintains a standard of liability by excluding communications made with "malice or gross negligence," ensuring that malicious liars are not protected.
Undermines the presumption of innocence by making it financially perilous for an accused business owner or individual to defend their reputation against false public allegations.
The provision for treble damages is excessively punitive and could bankrupt small business owners or landlords who legitimately believe they are being defamed.
Allows individuals to make damaging public accusations based only on a subjective "reasonable basis" without requiring a formal police report or criminal conviction.

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.