N.Y. Civil Rights Law § 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.