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