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S 9699

Provides that certain communications made without malice regarding an incident of sexual assault, harassment or discrimination shall be deemed privileged

2025 Regular Session Introduced by Cordell Cleare and 5 co-sponsors

A new privilege shields non-malicious communications about sexual assault, harassment, or discrimination from defamation liability, with enhanced remedies for prevailing defendants

REFERRED TO CODES
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WeVote Research Nonpartisan
Bill Summary · S 9699

Summary of Bill S.9699 (2025-2026) – New York

Bill at a Glance

  • Jurisdiction: New York
  • Bill Number: S.9699
  • Session: 2025-2026
  • Introduced by: Senator Cleare (with co-sponsors Cordell Cleare and Pete Harckham)
  • Committee: Codes
  • Effective Date: Immediate upon enactment
  • Purpose: Add a privileged communication defense in defamation actions for certain non-malicious communications about sexual assault, harassment, or discrimination, and provide enhanced remedies for prevailing defendants.

1) Main Purpose and Intent

  • The bill creates a new statutory privilege for individuals who make communications “without malice” regarding incidents of sexual assault, harassment, or discrimination.
  • The core aim is to encourage reporting and discussion of such incidents by shielding non-malicious communications from defamation liability, while also ensuring accountability through strengthened remedies when the privilege is misused or abused in bad faith.

2) Key Provisions and Changes

A. Privileged Communications (New Subdivision)

  • New Privilege Trigger: A communication made by an individual, without malice, about an incident of:
    • Sexual assault
    • Sexual harassment
    • Workplace harassment or discrimination
    • Retaliation related to reporting/oppose harassment or discrimination
    • Harassment/discrimination by a housing accommodation owner
  • Scope of Communication: Includes factual information related to the incident and other related experiences disclosed by the individual making the communication.

B. Defamation Defenses and Damages

  • Prevailing Defendant Relief: A defendant who successfully defends a defamation claim based on a privilege under this subdivision is entitled to:
    • Reasonable attorney’s fees and costs for successfully defending the litigation
    • Treble damages for any harm caused by the defamation action
    • Availability of punitive damages or other relief as otherwise permitted by law remains (but the statute provides enhanced remedies tied to this privilege)

C. Eligibility for the Privilege

  • Basis for Privilege: The individual must have, at any time, a reasonable basis to file a complaint or grievance about the incident (even if the complaint was not filed).
  • Non-Malice Standard: The privilege applies only to communications made without malice.

D. Definition of “Communication”

  • Content Covered: Includes factual information related to the incident of sexual assault, harassment, or discrimination experienced by the individual, including:
    • Acts of sexual assault or harassment
    • Workplace harassment or discrimination (and related actions such as failure to prevent, aiding, abetting, inciting, coercing, or retaliation)
    • Harassment or discrimination, or retaliation against a person for reporting harassment or discrimination
    • Harassment or discrimination by a housing accommodation owner

3) Who/What Would Be Affected

A. Individuals

  • People who make non-malicious disclosures about incidents of sexual assault, harassment, or discrimination are potentially protected from defamation liability.

B. Defendants in Defamation Actions

  • Individuals or entities sued for defamation based on such communications may benefit from the new privilege if the communication was without malice, potentially deflecting liability and securing enhanced attorney’s fees and treble damages if they prevail.

C. Plaintiffs

  • Burden to overcome the privilege if the defendant demonstrates the communication was made without malice and related to the listed incidents.

D. Broader Litigation Context

  • The bill could influence the way allegations are reported and discussed publicly or within communities, workplaces, or housing contexts, given the privilege attaches to communications about these incidents.

4) Procedural and Timeline Aspects

  • Effective Date: Immediate upon enactment (as indicated by “takes effect immediately”).
  • Action History: Referred to the Senate Codes Committee on April 2, 2026.

5) Potential Impacts and Considerations

  • Encouraging Reporting: By offering protection from defamation claims, the bill may encourage individuals to speak out about sexual assault, harassment, or discrimination without fear of libel lawsuits.
  • Balancing Fairness: The malice standard and basis for filing ensure the privilege is not misused for knowingly false or malicious statements.
  • Remedies for Defendants: Treble damages and attorney’s fees can deter frivolous defamation claims and provide strong incentives for defendants to defend claims that are privileged.
  • Limitations: The privilege is narrowly tailored to non-malicious communications and requires a reasonable basis to file a related complaint, which may require factual or evidentiary support.

If you’d like, I can provide a comparison with existing New York civil rights defamation provisions or draft a one-page explainer for a general audience.

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

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