Signed by Governor Tina Kotek

Vote Smart's Synopsis:

Vote to pass a bill that requires proof of malice for a claim of defamation arising from a reported incident of sexual assault in Oregon.

Highlights:

• Specifies that in a claim for defamation against an individual who communicates about an incident of sexual assault committed against them, it is an element of the defamation claim that the communication was made with malice (Sec. 1).

• Authorizes a special motion to strike against any claim of defamation in a civil action that arises from a statement regarding an incident of sexual assault that is made in good faith and with a reasonable belief that the incident occurred (Sec. 2).

• Specifies that in the case of a special motion to strike against a claim of defamation regarding communication of an incident of sexual assault, the burden is on the plaintiff making the claim of defamation to prove that the defendent acted with malice in making the communication (Sec. 2).

Full Bill Text