California Civil Code

§ 47.1

CIV § 47.1 Effective Jan 1, 2024Div. 1 · Part 2

Statute text

(a)A communication made by an individual, without malice, regarding an incident of sexual assault, harassment, or discrimination is privileged under Section 47.

(b)A prevailing defendant in any defamation action brought against that defendant for making a communication that is privileged under this section shall be entitled to their reasonable attorney’s fees and costs for successfully defending themselves in the litigation, plus treble damages for any harm caused to them by the defamation action against them, in addition to punitive damages available under Section 3294 or any other relief otherwise permitted by law.

(c)This section shall only apply to an 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.

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Legislative history

Added by Stats. 2023, Ch. 670, Sec. 1. (AB 933) Effective January 1, 2024.