| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | HOUSE DOCKET, NO. 3973 FILED ON: 1/17/2025 |
|---|
| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1974 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Lindsay N. Sabadosa and Estela A. Reyes |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act relative to privileged communications in defamation actions. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/17/2025Estela A. Reyes4th Essex1/17/2025 1 of 2 |
|---|
| 16 | 16 | | HOUSE DOCKET, NO. 3973 FILED ON: 1/17/2025 |
|---|
| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1974 |
|---|
| 18 | 18 | | By Representatives Sabadosa of Northampton and Reyes of Lawrence, a petition (accompanied |
|---|
| 19 | 19 | | by bill, House, No. 1974) of Lindsay N. Sabadosa and Estela A. Reyes relative to privileged |
|---|
| 20 | 20 | | communications in defamation actions. The Judiciary. |
|---|
| 21 | 21 | | The Commonwealth of Massachusetts |
|---|
| 22 | 22 | | _______________ |
|---|
| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 24 | 24 | | (2025-2026) |
|---|
| 25 | 25 | | _______________ |
|---|
| 26 | 26 | | An Act relative to privileged communications in defamation actions. |
|---|
| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 28 | 28 | | of the same, as follows: |
|---|
| 29 | 29 | | 1 SECTION 1. Chapter 278 of the General Laws is hereby amended by inserting after |
|---|
| 30 | 30 | | 2section 35 the following sections: |
|---|
| 31 | 31 | | 3 Section 36. (a) A civil action cannot be maintained against any person, firm or |
|---|
| 32 | 32 | | 4corporation, for the publication of a fair and true report of any judicial proceeding, legislative |
|---|
| 33 | 33 | | 5proceeding or other official proceeding, or for any heading of the report which is a fair and true |
|---|
| 34 | 34 | | 6headnote of the statement published. |
|---|
| 35 | 35 | | 7 (b) This section shall not apply to a libel contained in any other matter added by any |
|---|
| 36 | 36 | | 8person concerned in the publication or in the report of anything said or done at the time and place |
|---|
| 37 | 37 | | 9of such a proceeding which was not a part thereof. |
|---|
| 38 | 38 | | 10 (c) A communication made by an individual, without malice, regarding an incident of |
|---|
| 39 | 39 | | 11sexual assault, harassment, or discrimination shall be deemed privileged. 2 of 2 |
|---|
| 40 | 40 | | 12 (d) A prevailing defendant in any defamation action brought against such defendant for |
|---|
| 41 | 41 | | 13making a communication that is privileged under subsection (a) of this section shall be entitled to |
|---|
| 42 | 42 | | 14their reasonable attorney's fees and costs for successfully defending themselves in such litigation, |
|---|
| 43 | 43 | | 15plus treble damages for any harm caused to them by the defamation action against them, in |
|---|
| 44 | 44 | | 16addition to punitive damages available or any other relief otherwise permitted by law. |
|---|
| 45 | 45 | | 17 (e) This section shall only apply to an individual that has, or at any time had, a reasonable |
|---|
| 46 | 46 | | 18basis to file a complaint of sexual assault, harassment, or discrimination, whether the complaint |
|---|
| 47 | 47 | | 19is, or was, filed or not. |
|---|
| 48 | 48 | | 20 (f) The following, as used in this chapter, unless the text otherwise requires or a different |
|---|
| 49 | 49 | | 21meaning is specifically required, shall mean — |
|---|
| 50 | 50 | | 22 "Communication," factual information related to an incident of sexual assault, |
|---|
| 51 | 51 | | 23harassment, or discrimination experienced by the individual making the communication, |
|---|
| 52 | 52 | | 24including, but not limited to, any of the following: i) an act of sexual assault; ii) an act of sexual |
|---|
| 53 | 53 | | 25harassment; iii) an act of workplace harassment or discrimination, failure to prevent an act of |
|---|
| 54 | 54 | | 26workplace harassment or discrimination, aiding, abetting, inciting, compelling, or coercing an act |
|---|
| 55 | 55 | | 27of workplace harassment or discrimination, or an act of retaliation against a person for reporting |
|---|
| 56 | 56 | | 28or opposing workplace harassment or discrimination; or iv) an act of harassment or |
|---|
| 57 | 57 | | 29discrimination, or an act of retaliation against a person for reporting harassment or |
|---|
| 58 | 58 | | 30discrimination, by the owner of a housing accommodation. |
|---|