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| 2 | 2 | | SENATE DOCKET, NO. 1728 FILED ON: 1/16/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1143 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Robyn K. Kennedy |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to privileged communications in defamation actions. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Robyn K. KennedyFirst Worcester 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 1728 FILED ON: 1/16/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1143 |
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| 18 | 18 | | By Ms. Kennedy, a petition (accompanied by bill, Senate, No. 1143) of Robyn K. Kennedy for |
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| 19 | 19 | | legislation relative to privileged communications in defamation actions. The Judiciary. |
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| 20 | 20 | | The Commonwealth of Massachusetts |
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| 21 | 21 | | _______________ |
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| 22 | 22 | | In the One Hundred and Ninety-Fourth General Court |
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| 23 | 23 | | (2025-2026) |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | An Act relative to privileged communications in defamation actions. |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 27 | 27 | | of the same, as follows: |
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| 28 | 28 | | 1 Chapter 278 of the General Laws is hereby amended by inserting after section 35 the |
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| 29 | 29 | | 2following sections: |
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| 30 | 30 | | 3 Section 36. (a) A civil action cannot be maintained against any person, firm or |
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| 31 | 31 | | 4corporation, for the publication of a fair and true report of any judicial proceeding, legislative |
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| 32 | 32 | | 5proceeding or other official proceeding, or for any heading of the report which is a fair and |
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| 33 | 33 | | 6true headnote of the statement published. |
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| 34 | 34 | | 7 (b) This section shall not apply to a libel contained in any other matter added by any |
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| 35 | 35 | | 8person concerned in the publication or in the report of anything said or done at the time and place |
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| 36 | 36 | | 9of such a proceeding which was not a part thereof. |
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| 37 | 37 | | 10 (c) A communication made by an individual, without malice, regarding an incident of |
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| 38 | 38 | | 11sexual assault, harassment, or discrimination shall be deemed privileged. 2 of 2 |
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| 39 | 39 | | 12 (d) A prevailing defendant in any defamation action brought against such defendant for |
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| 40 | 40 | | 13making a communication that is privileged under subsection (a) of this section shall be entitled |
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| 41 | 41 | | 14to their reasonable attorney's fees and costs for successfully defending themselves in such |
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| 42 | 42 | | 15litigation, plus treble damages for any harm caused to them by the defamation action against |
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| 43 | 43 | | 16them, in addition to punitive damages available or any other relief otherwise permitted by law. |
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| 44 | 44 | | 17 (e) This section shall only apply to an individual that has, or at any time had, a reasonable |
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| 45 | 45 | | 18basis to file a complaint of sexual assault, harassment, or discrimination, whether the complaint |
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| 46 | 46 | | 19is, or was, filed or not. |
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| 47 | 47 | | 20 (f) The following, as used in this chapter, unless the text otherwise requires or a different |
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| 48 | 48 | | 21meaning is specifically required, shall mean — |
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| 49 | 49 | | 22 "Communication," factual information related to an incident of sexual assault, |
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| 50 | 50 | | 23harassment, or discrimination experienced by the individual making the communication, |
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| 51 | 51 | | 24including, but not limited to, any of the following: i) an act of sexual assault; ii) an act of sexual |
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| 52 | 52 | | 25harassment; iii) an act of workplace harassment or discrimination, failure to prevent an act of |
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| 53 | 53 | | 26workplace harassment or discrimination, aiding, abetting, inciting, compelling, or coercing an |
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| 54 | 54 | | 27act of workplace harassment or discrimination, or an act of retaliation against a person for |
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| 55 | 55 | | 28reporting or opposing workplace harassment or discrimination; or iv) an act of harassment or |
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| 56 | 56 | | 29discrimination, or an act of retaliation against a person for reporting harassment or |
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| 57 | 57 | | 30discrimination, by the owner of a housing accommodation. |
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