N.Y. Civil Rights Law Section 78
Mitigating circumstances in action for libel or slander

In an action for libel or slander the defendant may prove mitigating circumstances, including the sources of his information and the grounds for his belief, whether or not he has pleaded or attempted to prove any defense. A defendant in default for want of an answer may prove such mitigating circumstances upon a reference or inquiry to ascertain the amount of the plaintiff’s damages. Matter tending only to mitigate or reduce damages is a partial defense and may be set forth in the answer.

Source: Section 78 — Mitigating circumstances in action for libel or slander, https://www.­nysenate.­gov/legislation/laws/CVR/78 (updated Sep. 22, 2014; accessed Jun. 18, 2026).

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

Verified:
Jun. 18, 2026

Last modified:
Sep. 22, 2014

§ 78. Mitigating circumstances in action for libel or slander's source at nysenate​.gov

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