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SB 2603

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION

2026 Regular Session Introduced by Bob Britto and 4 co-sponsors

Creates an affirmative defamation defense for reporting sexual assault, harassment, or discrimination without malice or gross negligence, with possible fees and treble damages for

04/30/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2603

Bill Summary: SB 2603 (Rhode Island, 2026)

Title

AN ACT RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- CAUSES OF ACTION

Intent and Purpose

SB 2603 creates an affirmative defense in defamation actions for individuals who communicate information about sexual assault, harassment, or discrimination. The aim is to protect individuals who share factual information about such incidents, provided the communication was not made with malice or gross negligence. The measure also sets out remedies for prevailing defendants, including attorney’s fees, costs, and treble damages in certain circumstances.

Key Provisions

  • New defense added: Section 9-1-55 establishes an affirmative defense to defamation for a person who made a communication about an incident of sexual assault, harassment, or discrimination, if the communication was made without malice or gross negligence.

  • Scope of “communication”: The term encompasses factual information related to the incident, including:

    • Acts of sexual assault or sexual harassment
    • Workplace harassment or discrimination, including acts related to prevention, retaliation, or aiding/abetting
    • Harassment or discrimination by housing owners (as described in housing statutes)
    • Retaliation against a person for reporting harassment or discrimination in employment or housing or based on racial discrimination
    • Cyber sexual bullying (per § 16-21-34)
    • Sexual harassment in higher education institutions (as described in Chs. 76 and 76.1 of title 16)

  • Attorney’s fees and enhanced damages for defendants: If a defendant prevails by successfully asserting the affirmative defense, they are entitled to:

    • Reasonable attorneys’ fees and costs
    • Treble damages for any harm caused by the defamation action, in addition to other relief available by law

  • Applicability: The defense applies to individuals who have, at any time, had a reasonable basis to file a complaint of sexual assault, harassment, or discrimination (whether the complaint was filed or not).

  • Effective date: The act takes effect upon passage.

Who is Affected

  • Defendants in defamation lawsuits who communicate information about sexual assault, harassment, or discrimination, and who meet the non-malice/non-gross-negligence standard, can rely on the affirmative defense.
  • Plaintiffs who bring defamation claims against individuals who reported or shared such information could face heightened defenses or reduced liability if the affirmative defense is successfully invoked.
  • Legal counsel and courts: Defendants may seek the affirmative defense, with courts applying the criteria to determine malice or gross negligence and to assess entitlement to fees, costs, and treble damages.

Procedural and Timeline Aspects

  • The bill has a straightforward effective date: upon passage.
  • It introduces a new statutory defense that would be evaluated in defamation actions under existing defamation litigation procedures, with the potential for attorneys’ fees and trebled damages if the defense prevails.
  • The bill was referred to the Senate Judiciary Committee and recommended for further study as of the latest action, indicating potential refinement before any floor vote.

Summary

SB 2603 establish an affirmative defense to defamation for individuals who share factual information about sexual assault, harassment, or discrimination, provided the communication was not made with malice or gross negligence. The measure clarifies the scope of protected communications, and, if the defense succeeds, grants the prevailing defendant attorney’s fees, costs, and treble damages for harm caused by the defamation action. The act takes effect immediately upon passage.

Compiled from official sources — confirm details with the bill’s official record.

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