Survivors, Legal Experts, Advocates, and Lawmakers Call for Bill to Protect Survivors from Defamation Lawsuits

NEW YORK, NY (04/22/2025) (readMedia)-- This morning, survivors, legal experts, advocates, and lawmakers held a virtual press conference calling on Albany to pass the Speak Your Truth Act (A687/S2419). The bill would protect survivors of sexual assault, harassment, and discrimination from retaliatory defamation lawsuits used to silence them.

You can view a recording of the press conference HERE.

Survivors who speak out about their abuse often face the very real risk of being countersued by their abusers-a silencing tactic we've seen used in numerous high-profile cases. This trend became especially visible in the wake of the outpouring of allegations against Harvey Weinstein, who happens to be back in court. But celebrities like Justin Baldoni, Johnny Depp, and Marilyn Manson aren't the only ones using this silencing strategy. Abusers in schools, elected office, and everyday life are increasingly weaponizing defamation lawsuits-or the threat of them-to intimidate and silence survivors, many of whom lack the power and resources to fight back. In New York, this legal tactic remains disturbingly easy to exploit.

"Silence protects abusers. I spoke out to ensure no other survivor would endure what I did. I spoke out to change laws and help survivors. In response, those in power tried to silence me. My abuser tried to silence me. No survivor should be stopped from pursuing justice. No survivor should be stopped from healing. No survivor should be stopped from speaking their truth," said Katie Brennan, a candidate for New Jersey State Assembly and advocate who was sued for defamation by a high-ranking government official who sexually assaulted her.

The Speak Your Truth Act would amend New York State Civil Rights Law to protect survivors' communications about incidents of sexual assault, harassment, or discrimination. It would also ensure that if abusers file defamation lawsuits over their accusers' protected statements and lose, survivors can require them to cover their legal fees and pay for other resulting harm.

California passed a similar law in 2023, which attorneys for Blake Lively used last month to file a motion to dismiss Justin Baldoni's defamation lawsuit against their client. Speak Your Truth would provide survivors in New York with the same opportunities.

"New York makes it far too easy for abusers to retaliate against their accusers for simply seeking the justice they deserve. Survivors like those we advocate for at the New York City Alliance Against Sexual Assault are everyday people who already face countless barriers to coming forward. The real threat of having to defend themselves in court can silence them completely. Albany must pass the Speak Your Truth Act this session to protect every survivor whose story might otherwise never be told-and to ensure that abusers are held accountable," said Emily Miles, Executive Director of the New York City Alliance Against Sexual Assault.

"In New York, a glaring loophole in the current anti-SLAPP law leaves survivors who speak out exposed to retaliatory lawsuits meant to silence and intimidate. It is outrageous to expect survivors to guard the reputations of their abusers while carrying the weight of their own trauma. The Speak Your Truth Act is New York's chance to change that. This bill is modeled on California's AB 933-now law-as Civil Code Section 47.1, which was based upon my original bill proposal. I am moving my bill nationwide, with 16 states having introduced it this legislative session. Silence lets predators keep hunting and society benefits when these predators are exposed. New York must act immediately to pass this bill," said Victoria Burke, Attorney and Adjunct Professor of Law, survivor, and architect of the Speak Your Truth model legislation passed in California and introduced in states across the country.

"California's sexual harassment privilege, AB 933, was enacted to stop perpetrators of sexual harassment and sexual assault from abusing defamation lawsuits to sue their accusers into oblivion. Many victims cannot mount a defense, and find themselves unable to proceed, or worse, financially devastated and victimized a second time by the legal process. It is important for people to know that there is a law that expressly protects them from being silenced by a defamation lawsuit because they had the courage to speak up. But this protection should not be limited to circumstances where California law applies. The Speak Your Truth Act is critical to giving New Yorkers the protections offered to Californians, without which victims may be crushed under the weight of retaliatory litigation," said Esra Hudson, Manatt, Phelps & Phillips, LLP, Attorney for Blake Lively.

"When survivors courageously speak up about their sexual harassment, abuse, and assaults, they ultimately help keep our communities safe from predators," said Alison Anderson, Partner at Boies Schiller Flexner LLP who co-leads the firm's Sexual Misconduct Litigation and Investigation practice group. "We must protect them from retaliatory defamation lawsuits that are expensive, draining, and all-consuming. When frivolous litigation silences survivors, nobody wins. They are revictimized, and we are left more vulnerable."

"As we strive for workplaces that are completely free from harassment and discrimination, we must also enhance the pathways to justice for those who experience it. This includes addressing existing legal loopholes that allow abusers to continue harming their victims," said Erica Vladimer, Co-Founder of the Sexual Harassment Working Group. "Lawmakers cannot claim that everyone deserves to speak their truth while simultaneously leaving New Yorkers vulnerable to unjust defamation lawsuits. Survivors already take significant risks, both professionally and personally, when they come forward. The Speak Your Truth Act is essential for making New York laws more focused on the needs of survivors, and given that powerful men are already exploiting this loophole against women, we must pass it as quickly as possible."

"As a survivor myself, I know how hard it is to speak your truth about the sexual violence you endured – particularly for young people, LGBTQ+ people, people of color, and immigrants. We've seen too many abusers, including former Governor Cuomo, threaten or weaponize defamation lawsuits against the people they've harmed for simply speaking out and seeking justice. Those survivors have included people like Taylor Swift and Kesha but also include everyday New Yorkers. Survivors have every right to bring civil action against those who abused them without fearing retaliation and other barriers to justice. I urge my colleagues in the Assembly and Senate to pass this important bill that I'm so proud to sponsor, and for Governor Hochul to swiftly sign it into law. We have to do more to protect victims of sexual violence," said Assemblymember Jessica González-Rojas, Chair of the Task Force on Women's Issues and Assembly sponsor.

"While defamation lawsuits are an important legal tool, they can also be used as a form of retaliation by perpetrators of sexual violence to emotionally damage and financially strain their victims. These lawsuits, which are often brought by powerful and wealthy individuals against those who have made credible allegations against them, are used to silence and discredit survivors, as well as discourage them from speaking out at all to avoid expensive court cases and potential financial losses. Our legislation to change this is called the Speak Your Truth Act (S.2419). If passed, our bill would make communications related to sexual assault classified as privileged in civil suits and therefore protected from being used in defamation lawsuits. This would allow victims to "speak their truth," without fear of retribution. By providing greater protections for victims of assault, harassment, and discrimination against illegitimate claims of defamation we can prevent defamation laws from being weaponized by perpetrators to silence and cause further harm to survivors," said Senator Brad Hoylman-Sigal, Senate sponsor.

"Survivors of sexual assault and harassment deserve to come forward without fear of retaliation. As a former employment lawyer, I've seen how threats of defamation lawsuits are used to intimidate and silence victims. I've introduced related legislation to stop abusers from suing before victims' claims are resolved-complementing the important work of the Speak Your Truth Act. I thank Senator Hoylman-Sigal and Assemblymember González-Rojas for championing this vital bill to ensure our legal system cannot be exploited," said Assemblymember Jo Anne Simon.

"These retaliatory defamation suits are ultimately about power, and abusers who try to once again wield it against survivors they've already victimized," said State Senator Andrew Gounardes. "We've seen this playbook again and again, whether it's against Hollywood celebrities or everyday New Yorkers. The goal is to intimidate and silence survivors, but we don't have to stand by as it happens. The Speak Your Truth Act gives survivors much-needed protections and-along with my own legislation to protect victims of harassment and discrimination from frivolous libel suits-ensures abusers can't abuse the legal system to silence those who speak out."