ASSEMBLY COMMUNITY DEVELOPMENT AND WOMEN'S AFFAIRS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4857

STATE OF NEW JERSEY

DATED:  JANUARY 16, 2025

      The Assembly Community Development and Women's Affairs Committee reports favorably Assembly Bill No. 4857.

This bill extends the State’s anti-SLAPP law, P.L.2023, c.155 (N.J.S.A.2A:53A-49 et seq.), to protect persons who make a report or complaint of sexual assault, harassment, or discrimination. 

     A SLAPP (strategic lawsuit against public participation) is typically a lawsuit, such as a defamation lawsuit, filed in retaliation against a victim, complainant, witness, whistleblower, advocate, or journalist in order to intimidate or silence the person from speaking out.  As demonstrated by the #MeToo movement, victims of sexual assault, harassment, and discrimination may be reluctant to come forward due to fear of retaliation, including fear of SLAPP suits.

     Under existing law, a person facing a SLAPP suit can file an order to show cause with the court to dismiss the SLAPP claim if it can be shown that the SLAPP claim was asserted based on the person’s (1) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (2) communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or (3) exercise of the right of freedom of speech or of the press, the right to assembly or petition, or the right of association, guaranteed by the United States Constitution or the New Jersey Constitution, on a matter of public concern.  If the SLAPP claim is dismissed, the person can recover litigation costs and reasonable attorneys’ fees.

     Under the bill, anti-SLAPP protections are extended to persons who make a report or complaint, in good faith and without malice, of: a sexual offense pursuant to chapter 14 of Title 2C of the New Jersey Statutes or N.J.S.2C:24-4, or a violation of the Law Against Discrimination, N.J.S.10:5-1 et seq., or an incident of retaliation for the making of such a report or complaint, where the person has, or at any time had, a reasonable basis to make such a report or complaint, whether or not a criminal prosecution or civil or administrative action was actually initiated.  The bill also allows a person who successfully dismisses a SLAPP claim to be awarded compensatory and punitive damages, in addition to litigation costs and attorneys’ fees.