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N.Y. CVR Law § 76-A

This is the official text of N.Y. CVR Law § 76-A, part of New York’s CVR Law — part of the compiled statutory law of New York, published by the state as "CVR Law." Browse the sections below, each linked to its official government source.

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Actions involving public petition and participation; when actual malice to be proven

Official statutory text

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

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.