Oregon Senate passes Bill 180 to reform defamation claims related to sexual misconduct

On April 14, 2025, the Oregon State Legislature introduced Senate Bill 180, a significant piece of legislation aimed at reforming defamation laws, particularly in cases involving allegations of sexual assault, harassment, or discrimination. The bill seeks to balance the rights of individuals to speak out against misconduct while also protecting those accused from unfounded defamation claims.

The core provisions of Senate Bill 180 stipulate that individuals making defamation claims related to communications about incidents of sexual misconduct must prove that the statements were made with malice. This requirement is intended to deter frivolous lawsuits against individuals who report or discuss such incidents based on a reasonable belief that they occurred. Additionally, the bill allows defendants in these cases to file a special motion to strike the defamation claim, which could lead to a dismissal of the case if the plaintiff fails to demonstrate a likelihood of success.

One of the most notable aspects of the bill is its provision that if a plaintiff loses a defamation case, they may be required to pay the defendant's attorney fees and face potential sanctions. This element aims to discourage malicious or baseless claims that could silence victims or witnesses of misconduct.

The introduction of Senate Bill 180 has sparked considerable debate among lawmakers and advocacy groups. Proponents argue that the bill is a necessary step to protect individuals who come forward with allegations of sexual misconduct, ensuring that they can do so without the fear of retaliation through defamation lawsuits. Critics, however, express concern that the bill may inadvertently shield individuals from accountability, potentially allowing harmful behavior to go unreported.

The implications of this legislation are significant. If passed, it could reshape the landscape of how defamation cases are handled in Oregon, particularly in sensitive contexts involving sexual misconduct. Legal experts suggest that the bill may encourage more individuals to speak out about their experiences, knowing they are protected from retaliatory defamation claims. Conversely, there are fears that it could lead to a chilling effect on legitimate defamation claims, complicating the legal recourse available to those who have been wronged.

As the bill moves through the legislative process, its future remains uncertain. Lawmakers will need to navigate the complex interplay between protecting free speech and ensuring accountability for harmful actions. The outcome of Senate Bill 180 could set a precedent for similar legislation in other states, making it a focal point in the ongoing national conversation about sexual misconduct and defamation law.