THE SENATE	S.B. NO.	2683
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

relating to defamation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that defamation lawsuits are sometimes brought against individuals who are making truthful claims about sexual misconduct, which can be used to silence victims. The threat of lawsuits may negatively impact victims and good-faith reporters attempting to report sexual misconduct. Therefore, providing additional protections to individuals who make truthful claims about sexual misconduct will create safer communities for Hawaiʻi's people.

Accordingly, the purpose of this Act is to protect individuals making claims of sexual misconduct from defamation lawsuits unless the claim is proven to be made with malice.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§663-   Defamation limited in cases of sexual assault, sexual harassment, and sexual discrimination. (a) A protected communication made by an individual, without malice, shall be immune from any defamation action.

(b) A prevailing defendant in any defamation action brought against the defendant for making a protected communication shall be entitled to reasonable attorney's fees and costs.

(c) For the purposes of this section, "protected communication" means factual information related to any incident of sexual assault, sexual harassment, or sexual discrimination, experienced by the person making the communication, including but not limited to:

(1) Any sexual misconduct offenses included in part V of chapter 707;

(2) Any discrimination on the basis of sex pursuant to section 378-2;

(3) Any discrimination on the basis of sex pursuant to section 515-3; and

(4) Any retaliation for reporting or opposing sexual assault, sexual harassment, or sexual discrimination."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Defamation; Litigation; Sexual Assault; Sexual Harassment; Sexual Discrimination; Immunity

Description:

Protects individuals who make claims of sexual misconduct from defamation lawsuits unless the claims were proven to be made with malice.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.