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SENATE DOCKET, NO. 1728 FILED ON: 1/16/2025
SENATE . . . . . . . . . . . . . . No. 1143
The Commonwealth of Massachusetts
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PRESENTED BY:
Robyn K. Kennedy
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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.
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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
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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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.