{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-223.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-223.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-223.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-223.2.html"}],"law_id":63965,"edition_id":1,"section_id":63965,"structure_id":13673,"section_number":"8.01-223.2","catch_line":"Immunity of persons for statements made at public hearing or communicated to third party","history":"2007, c. 798; 2016, c. 239; 2017, cc. 586, 597; 2020, c. 824; 2023, cc. 462, 463; 2025, c. 641.","full_text":"A\n\nA person shall be immune from tort liability if the tort claim is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party, (ii) made at a public hearing before, or otherwise communicated to, the governing body of any locality or other political subdivision, or the boards, commissions, agencies and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body, (iii) made at a Title IX hearing before the applicable tribunal of an institution of higher education, or (iv) made by an employee against an employer where retaliatory action arising from such statements is prohibited by § 40.1-27.3.B\n\nThe immunity provided by this section shall not apply to any statements that the declarant knew or should have known were false or were made with reckless disregard for whether they were false.C\n\nAny person who has a suit against him dismissed or a witness subpoena or subpoena duces tecum quashed, or otherwise prevails in a legal action, pursuant to the immunity provided by this section may be awarded reasonable attorney fees and costs.","order_by":null,"text":{"0":{"id":232943,"text":"A person shall be immune from tort liability if the tort claim is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party, (ii) made at a public hearing before, or otherwise communicated to, the governing body of any locality or other political subdivision, or the boards, commissions, agencies and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body, (iii) made at a Title IX hearing before the applicable tribunal of an institution of higher education, or (iv) made by an employee against an employer where retaliatory action arising from such statements is prohibited by § 40.1-27.3.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232944,"text":"The immunity provided by this section shall not apply to any statements that the declarant knew or should have known were false or were made with reckless disregard for whether they were false.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232945,"text":"Any person who has a suit against him dismissed or a witness subpoena or subpoena duces tecum quashed, or otherwise prevails in a legal action, pursuant to the immunity provided by this section may be awarded reasonable attorney fees and costs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13673,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"21","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:45:31","date_modified":"2026-06-26 03:45:31","permalink":{"id":280429,"object_type":"structure","relational_id":13673,"identifier":"21","token":"8.01\/3\/21","url":"\/8.01\/3\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":85637,"structure_id":13673,"section_number":"8.01-218","catch_line":"Replevin abolished","url":"\/8.01-218\/","token":"8.01\/3\/21\/8.01-218","metadata":false},{"id":63478,"structure_id":13673,"section_number":"8.01-219","catch_line":"Effect of judgment in trover","url":"\/8.01-219\/","token":"8.01\/3\/21\/8.01-219","metadata":false},{"id":69240,"structure_id":13673,"section_number":"8.01-219.1","catch_line":"Responsibility of possessor of real property for harm to trespasser","url":"\/8.01-219.1\/","token":"8.01\/3\/21\/8.01-219.1","metadata":false},{"id":59967,"structure_id":13673,"section_number":"8.01-220","catch_line":"Action for alienation of affection, breach of promise, criminal conversation and seduction 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circumstances","url":"\/8.01-225.01\/","token":"8.01\/3\/21\/8.01-225.01","metadata":false},{"id":54649,"structure_id":13673,"section_number":"8.01-225.02","catch_line":"Certain liability protection for health care providers during disasters","url":"\/8.01-225.02\/","token":"8.01\/3\/21\/8.01-225.02","metadata":false},{"id":74491,"structure_id":13673,"section_number":"8.01-225.03","catch_line":"Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day centers during a disaster under specific circumstances","url":"\/8.01-225.03\/","token":"8.01\/3\/21\/8.01-225.03","metadata":false},{"id":79175,"structure_id":13673,"section_number":"8.01-225.1","catch_line":"Immunity for team physicians","url":"\/8.01-225.1\/","token":"8.01\/3\/21\/8.01-225.1","metadata":false},{"id":59977,"structure_id":13673,"section_number":"8.01-225.2","catch_line":"Immunity for those rendering emergency care to animals","url":"\/8.01-225.2\/","token":"8.01\/3\/21\/8.01-225.2","metadata":false},{"id":63782,"structure_id":13673,"section_number":"8.01-225.3","catch_line":"Immunity for volunteer first responders en route to an emergency","url":"\/8.01-225.3\/","token":"8.01\/3\/21\/8.01-225.3","metadata":false},{"id":61793,"structure_id":13673,"section_number":"8.01-226","catch_line":"Duty of care to law-enforcement officers, firefighters, etc","url":"\/8.01-226\/","token":"8.01\/3\/21\/8.01-226","metadata":false},{"id":69442,"structure_id":13673,"section_number":"8.01-226.1","catch_line":"Civil immunity when participating in Lawyers Helping Lawyers","url":"\/8.01-226.1\/","token":"8.01\/3\/21\/8.01-226.1","metadata":false},{"id":56516,"structure_id":13673,"section_number":"8.01-226.10","catch_line":"Civil immunity for causing the arrest of a person for a bad 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assistance","url":"\/8.01-226.2\/","token":"8.01\/3\/21\/8.01-226.2","metadata":false},{"id":61582,"structure_id":13673,"section_number":"8.01-226.3","catch_line":"Civil immunity for officers, directors and members of certain crime information-gathering organizations","url":"\/8.01-226.3\/","token":"8.01\/3\/21\/8.01-226.3","metadata":false},{"id":82193,"structure_id":13673,"section_number":"8.01-226.4","catch_line":"Civil immunity for hospice volunteers","url":"\/8.01-226.4\/","token":"8.01\/3\/21\/8.01-226.4","metadata":false},{"id":61924,"structure_id":13673,"section_number":"8.01-226.5","catch_line":"Immunity for installers and inspectors of child restraint devices","url":"\/8.01-226.5\/","token":"8.01\/3\/21\/8.01-226.5","metadata":false},{"id":64301,"structure_id":13673,"section_number":"8.01-226.5:1","catch_line":"Civil immunity for school board employees supervising self-administration of certain 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etc","url":"\/8.01-224\/","token":"8.01\/3\/21\/8.01-224","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-223.2\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 798<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2016, chapter 239<\/a>; in 2017, chapters 586<\/a> and 597<\/a>; in 2020, chapter 824<\/a>; in 2023, chapters 462<\/a> and 463<\/a>; in 2025, chapter 641<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":280499,"object_type":"law","relational_id":63965,"identifier":"8.01-223.2","token":"8.01\/3\/21\/8.01-223.2","url":"\/8.01-223.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-223.2\/","token":"8.01\/3\/21\/8.01-223.2","dublin_core":{"Title":"Immunity of persons for statements made at public hearing or communicated to third party","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-223.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> shall be immune from tort<\/span> liability if the tort<\/span> claim is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person<\/span> that are communicated to a third party<\/span>, (ii) made at a public hearing<\/span> before, or otherwise communicated to, the governing body of any locality or other political subdivision, or the boards, commissions, agencies and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body, (iii) made at a Title IX hearing<\/span> before the applicable tribunal of an institution of higher education, or (iv) made by an employee against an employer where retaliatory action<\/span> arising from such statements is prohibited by § 40.1-27.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The immunity provided by this section shall not apply to any statements that the declarant knew or should have known were false or were made with reckless disregard for whether they were false. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> who has a suit<\/span> against him dismissed or a witness<\/span> subpoena or subpoena duces tecum<\/span> quashed, or otherwise prevails in a legal action<\/span>, pursuant to the immunity provided by this section may be awarded reasonable attorney fees and costs. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMMUNITY OF PERSONS FOR STATEMENTS MADE AT PUBLIC HEARING OR COMMUNICATED TO\nTHIRD PARTY (\u00a7 8.01-223.2)\n\nA. A person shall be immune from tort liability if the tort claim is based\nsolely on statements (i) regarding matters of public concern that would be\nprotected under the First Amendment to the Constitution of the United States\nmade by that person that are communicated to a third party, (ii) made at a\npublic hearing before, or otherwise communicated to, the governing body of any\nlocality or other political subdivision, or the boards, commissions, agencies\nand authorities thereof, and other governing bodies of any local governmental\nentity concerning matters properly before such body, (iii) made at a Title IX\nhearing before the applicable tribunal of an institution of higher education, or\n(iv) made by an employee against an employer where retaliatory action arising\nfrom such statements is prohibited by § 40.1-27.3.\n\nB. The immunity provided by this section shall not apply to any statements that\nthe declarant knew or should have known were false or were made with reckless\ndisregard for whether they were false.\n\nC. Any person who has a suit against him dismissed or a witness subpoena or\nsubpoena duces tecum quashed, or otherwise prevails in a legal action, pursuant\nto the immunity provided by this section may be awarded reasonable attorney fees\nand costs.\n\nHISTORY: 2007, c. 798; 2016, c. 239; 2017, cc. 586, 597; 2020, c. 824; 2023, cc.\n462, 463; 2025, c. 641.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}