Proposed Legislation in Albany Limits Defamation Suits for Certain Crimes, by Keith J. Gutstein, Esq. and Megan Beloff, Esq., 6-10-2025

Legislation has been introduced in Albany that would impact the ability for those accused of sexual assault, harassment or discrimination to sue alleged victims for defamation.

If passed, The Speak Your Truth Act (A687/S2419), would amend the civil rights law in relation to privileged communications in defamation actions. Specifically, the proposed new law states that “a communication made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination shall be deemed privileged.” Therefore, “a civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published.”

Under the proposed new law, a prevailing defendant in a defamation action brought “against such defendant for making a communication that is privileged…shall be entitled to their reasonable attorney’s fees and costs for successfully defending themselves in such litigation, plus treble damages for any harm caused to them by the defamation action against them, in addition to punitive damages.”

Protected Communications

“Communication” is defined in the proposed statute as meaning factual information related to an incident of sexual assault, harassment, or discrimination experienced by the individual making the communication, including, but not limited to, any of the following:

• an act of sexual assault;
• an act of sexual harassment;
• an act of workplace harassment or discrimination, failure to prevent an act of workplace harassment or discrimination, aiding, abetting, inciting, compelling, or coercing an act of workplace harassment or discrimination, or an act of retaliation against a person for reporting or opposing workplace harassment or discrimination; or,
• an act of harassment or discrimination, or an act of retaliation against a person for reporting.

The statute would apply to any individual “that has, or at any time had, a reasonable basis to file a complaint of sexual assault, harassment, or discrimination, whether the complaint is, or was, filed or not.”

Similar legislation is already on the books in California  Kaufman Dolowich will continue to monitor developments.

Authors: Keith J. Gutstein, Chair of KD’s Labor and Employment Law Practice Group and Co-Managing Partner of the Long Island Office and Associate Megan Beloff