N.Y. Civil Rights Law Section 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.

Source: Section 76-A — Actions involving public petition and participation; when actual malice to be proven, https://www.­nysenate.­gov/legislation/laws/CVR/76-A (updated Nov. 13, 2020; accessed May 4, 2024).

70
Vexatious suits 70‑A
Actions involving public petition and participation 70‑B
Unlawful interference with protected rights 71
Damages in action for suing in name of another 72
Term of imprisonment of civil prisoner 73
Code of fair procedure for investigating agencies 74
Privileges in action for libel 75
Defamation by radio or television 76
Action for libel: evidence, separate verdicts 76‑A
Actions involving public petition and participation 77
Special damages in action for slander of a woman 78
Mitigating circumstances in action for libel or slander 79
Forfeiture of office and suspension of civil rights 79‑A
Consequence of sentence to imprisonment for life 79‑B
Forfeiture of property on conviction abolished 79‑C
Convict protected by law 79‑D
Creditor of convict 79‑E
Right to breast feed 79‑F
Liability for acts of persons assisting police officers 79‑G
Filing of certificates of honorable discharge with county clerks 79‑H
Special provisions relating to persons employed by, or connected with, news media 79‑I
Discrimination against person who refuses to perform certain act prohibited 79‑J
Confidentiality of records in multi-state information system 79‑K
Civil immunity for certain persons assisting in emergency situations 79‑L
Confidentiality of records of genetic tests 79‑M
Criminal interference with health care services, religious worship, funeral, burial or memorial service 79‑N
Bias-related violence or intimidation 79‑N*2
Funeral or bereavement leave 79‑O
Closed captioning in places of public accommodation, resort or amusement 79‑P
Recording certain activities 79‑P*2
Gender neutral single-occupancy bathroom facilities 79‑Q
Collection of gender or sex designation information by state agencies
Green check means up to date. Up to date

Accessed:
May 4, 2024

Last modified:
Nov. 13, 2020

§ 76-A’s source at nysenate​.gov

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