2020 New York Laws
CVR - Civil Rights
Article 7 - Miscellaneous Rights and Immunities
76-A - Actions Involving Public Petition and Participation; When Actual Malice to Be Proven.

§  76-a.  Actions  involving  public  petition and participation; when
actual malice to be proven. 1. For purposes of this section:
  (a) An "action involving public petition and participation" is a claim
based upon:
  (1) any communication in a place open to the public or a public  forum
in connection with an issue of public interest; or
  (2)  any  other  lawful  conduct in furtherance of the exercise of the
constitutional right of free speech  in  connection  with  an  issue  of
public interest, or in furtherance of the exercise of the constitutional
right of petition.
  (b)  "Claim"  includes  any  lawsuit,  cause  of  action, cross-claim,
counterclaim, or other judicial pleading or filing requesting relief.
  (c) "Communication" shall mean any statement, claim, allegation  in  a
proceeding,  decision,  protest,  writing, argument, contention or other
expression.
  (d) "Public interest" shall be construed broadly, and shall  mean  any
subject other than a purely private matter.
  2.  In  an action involving public petition and participation, damages
may only be recovered  if  the  plaintiff,  in  addition  to  all  other
necessary  elements,  shall  have  established  by  clear and convincing
evidence that any communication which gives rise to the action was  made
with  knowledge  of its falsity or with reckless disregard of whether it
was false, where the truth or falsity of such communication is  material
to the cause of action at issue.
  3.   Nothing   in  this  section  shall  be  construed  to  limit  any
constitutional, statutory or common law  protections  of  defendants  to
actions involving public petition and participation.