New York § 76-A - 76-AActions involving public petition and participation; when actual malice to be proven

§ 76-A. 76-AActions 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.