THE SENATE	S.B. NO.	2683
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII		H.D. 1

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 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 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) No individual shall be liable in damages in any defamation action for making a protected communication without malice.

(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 sex discrimination, experienced by the individual making the communication, including but not limited to:

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

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

(3) Any sexual offenses included in part V of chapter 707; and

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

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 3000.

Report Title:

Defamation; Litigation; Sexual Misconduct; Immunity

Description:

Protects individuals who make claims of sexual assault, sexual harassment, or sex discrimination from defamation lawsuits unless the claims were made with malice. Effective 7/1/3000. (HD1)

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