On October 10, 2023, Governor Gavin Newsom signed into law Assembly Bill (AB) No. 933. The new law provides further protection to individuals who are victims of sexual offenses and are sued under state defamation law.  AB 933 will strengthen California defamation law to better shield survivors from weaponized use of defamation claims, and help ensure other survivors are not discouraged from coming forward. It is a major win for the movement to expose and end sexual assault and harassment.

AB 933 extends the California Civil Code’s definition of a privileged communication in defamation actions to include communications made about an individual’s own experience of sexual assault, sexual harassment, workplace harassment or discrimination, and cyber sexual bullying.

AB 933 also permits prevailing defendants in such a defamation action to recover their attorneys’ fees and costs, treble the damages they incur by being a defendant, and punitive damages. The law becomes effective on January 1, 2024.

The bill is co-sponsored by nonprofits Equal Rights Advocates and CA Employment Lawyers Association.

• Effective January 1, 2024, defendants who are sued for making defamatory statements based on their own experience(s) as victims of others’ sexual assaults,  other sexual misconduct, and sexual harassment may assert the privilege as a bar to liability.
• The privilege also extends to statements about an individual’s own workplace discrimination experiences.
• These same individuals may recover attorneys’ fees and costs, treble damages, and punitive damages if they prevail when sued for defamation.